In addition to the power conferred upon the municipality under R.C. § 727.01 to construct sidewalks, curbs or gutters and levy an assessment therefor, the Legislative Authority may require the construction or repair of sidewalks, curbs or gutters within the municipality by the owners of lots or lands abutting thereon, and upon the failure of such owners to construct or repair such sidewalks, curbs or gutters within the time prescribed in the resolution adopted under § 94.26, may cause such sidewalks, curbs or gutters to be constructed or repaired and assess the total cost thereof against the lots or land abutting thereon, notwithstanding the provisions of R.C. §§ 727.03 and 727.05.
(R.C. § 729.01)
(A) When it is deemed necessary by the municipality to require the construction or repair of sidewalks, curbs, or gutters within the municipality by the owners of the lots or lands abutting thereon, the Legislative Authority shall cause plans, specifications, and an estimate of the cost of such construction or repair to be prepared, showing the location and dimensions of such sidewalks, curbs or gutters and the specifications for the construction or repair thereof, and to be filed in the office of the Clerk of the Legislative Authority.
(B) After such plans, specifications and estimate of cost have been filed, as provided in this section, the Legislative Authority may declare the necessity for the construction or repair of such sidewalks, curbs or gutters by the adoption of a resolution which shall:
(1) Approve the plans, specifications and estimate of cost of the proposed construction or repair on file as provided by this section;
(2) Describe the lots and lands abutting upon the sidewalks, curbs or gutters to be constructed or repaired by the termini of the improvement or by the street address;
(3) Set forth that such sidewalks, curbs or gutters shall be constructed or repaired by the owners of the lots or lands abutting thereon in accordance with the specifications on file in the office of the Clerk of the Legislative Authority;
(4) Set forth the time within which such sidewalks, curbs or gutters shall be constructed or repaired by the owners of the lots and lands abutting thereon, which shall not be less than 30 days from the date of service of notice under § 94.27 on the owner of the lots or lands;
(5) State than in the event such sidewalks, curbs or gutters are not constructed or repaired by the owners of the lots and lands abutting thereon in accordance with such plans and specifications and within the time prescribed in this resolution, the municipality will so construct or repair such sidewalks, curbs or gutters and assess the costs thereof against the lots and lands abutting thereon.
(R.C. § 729.02)
Notice of the passage of a resolution of necessity under § 94.26 shall be served by the Clerk of the Legislative Authority, or a person designated by such Clerk, upon the owners of the lots or lands abutting upon the sidewalks, curbs or gutters to be constructed or repaired in the same manner as service of summons in civil cases, or by certified mail addressed to such owner at his or her last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods. If it appears by the return of service or the return of the certified mail notice that one or more of the owners cannot be found, such owners shall be served by publication of the notice once in a newspaper of general circulation within the municipality. The return of the person serving the notice or a certified copy thereof or a returned receipt for notice forwarded by certified mail accepted by the addressee or anyone purporting to act for him or her shall be prima facie evidence of the service of notice under this section. The notice shall also set forth the place where the specifications governing the construction or repair of such sidewalks, curbs or gutters are on file, the time within which the owner of such lot or parcel of land may construct or repair the sidewalks, curbs or gutters, and that in the event the owner does not construct or repair the sidewalks, curbs or gutters in accordance with the specifications and within such time, the municipality will construct or repair such sidewalks, curbs or gutters and assess the costs thereof against the lot or land of the owner.
(R.C. § 729.03)
(A) Upon the expiration of the time within which sidewalks, curbs or gutters shall be constructed or repaired by the owner of the lots or lands abutting thereon as set forth in the resolution adopted under § 94.26, the sidewalks, curbs or gutters not constructed or repaired by the owners of the lots and lands abutting thereon shall be constructed or repaired by the municipality in accordance with the resolution adopted under § 94.26, and the Legislative Authority shall, upon the completion of such construction or repair, assess the costs thereof against the lots or lands abutting thereon.
(B) In anticipation of the collection of the costs of construction or repair of such sidewalks, curbs or gutters from the owners of the lots or lands abutting thereon, the Legislative Authority may provide for the issuance of bonds or notes and the proceeds thereof shall be used to pay for the construction or repair of such sidewalks, curbs or gutters.
(R.C. § 729.04)
In all proceedings pertaining to the construction or repair of sidewalks, curbs or gutters under this subchapter or R.C. §§ 729.01 through 729.08, sidewalks, curbs or gutters upon different streets abutting upon lots or lands owned by different owners may be included in the same resolution, notice, contract, ordinance, or other proceedings.
(R.C. § 729.05)
(A) Estimated assessments. Upon completion of the construction or repair of sidewalks, curbs or gutters under this subchapter, the total cost of such construction, repair, or installation as defined in division (B) shall be ascertained and reported to the Legislative Authority by its Clerk, and the Legislative Authority shall cause a list of estimated assessments to be prepared. Such list shall include the total cost of such construction, repair, or installation to each lot or land abutting upon such construction, repair, or installation and shall be filed in the office of the Clerk of the Legislative Authority and be available for public inspection.
(R.C. § 729.07)
(B) Notice of assessment; objection.
(1) The Legislative Authority shall cause a notice to be published for three consecutive weeks in a newspaper of general circulation in the municipal corporation or as provided in R.C. § 7.16, stating that such list of estimated assessments has been made and is on file in the office of the Clerk of the Legislative Authority for the inspection and examination of persons interested therein.
(2) If any person objects to an assessment on such list, the person shall file the objection in writing with the Clerk of the Legislative Authority within two weeks after the expiration of the notice provided for in division (B)(1) of this section.
(R.C. § 729.08) (Rev. 2012)
(C) Assessment ordinance. The Clerk of the Legislative Authority shall deliver the objections received under division (B) of this section to the Legislative Authority. The Legislative Authority shall review the written objections and shall adopt an ordinance levying upon the lots and lands enumerated in the list of estimated assessments the amount set forth on such list with such changes or corrections as the Legislative Authority shall determine to be proper after consideration of the written objections filed under division (B) of this section. Such ordinance shall state the number of annual installments, not exceeding ten, over which the assessments shall be payable and shall establish a period of time during which the assessments shall be payable in cash.
(R.C. § 729.09)
(D) Assessment proceedings. The provisions of R.C. §§ 727.26 through 727.43, inclusive, shall apply to and govern the proceedings taken under and the assessments levied under this subchapter. The proceedings taken under this subchapter shall be construed in accordance with the provisions of R.C. § 727.40.
(R.C. § 729.10) (Rev. 1999)
Statutory reference:Assessments generally, see R.C. Chapter 727