§ 24-64. Construction by city.

(a)

If any curb or sidewalk shall not be constructed, reconstructed, repaired or maintained as provided in this article within the time and in the manner mentioned in the notice and to the satisfaction of the street manager or his duly authorized agent, the city council is hereby authorized to contract for the doing of same in accordance with this article. An accurate account shall be kept by it for the amount paid the person with whom it contracts, together with a concise statement of the facts with reference thereto.

(b)

If the owner of any real property in the city shall fail or refuse to comply with the provisions applicable thereto, with reference to the building, maintaining or repairing curb or sidewalk in the manner and within the time prescribed therefor, the city council, after having given notice to such owner or agent in charge of the property of its intention to do so, may contract with some suitable person for the construction or repair of sidewalks or curb on the best terms that can be made, which person shall construct, reconstruct or repair the sidewalks or curb in the manner prescribed by these provisions under the direction and supervision and subject to the approval of the street manager and the city council, that the amount paid or to be paid to such person, building, rebuilding or repairing the sidewalks or curb, together with a six (6) percent penalty, six (6) percent interest and cost thereto, shall be and constitute a charge against the owner of the property and shall be and constitute a lien on the property from the date of the commencement of the work. The mayor is hereby authorized to assign in the name of the city such charge and lien occurring to the right to create such charge or lien, to the person with whom the city has contracted or to any other person. Such charge, penalty, interest and cost shall be recovered in an ordinary suit against the owner of the property by the city or its assigns, if such charge has been assigned; and such lien shall be foreclosed by the city or its assignee, in case of assignment, by suit in courts having jurisdiction of the enforcement of liens on real property for the condemnation and sale of property for the payments of the sums so expended by the city, together with penalty, interest and cost of such. Such suits in equity shall be brought in the manner and under the terms now provided for the foreclosure of liens on property by improvement districts so far as is applicable. The city is authorized to accept the actual cost to it of the work without penalty or interest if the same is paid within ten (10) days after the completion of such work.

(Code 1967, §§ 34-55, 34-58)