§ 28 — Construction and maintenance of roads and walks

(a) The City Council may lay out, alter, maintain, establish, and change the grade of and discontinue any street, road, lane, alley walk, or sidewalk in the City and appraise and settle damages therefor, causing its proceedings to be recorded in the City Clerk’s office in the City, provided that any person aggrieved by its proceeding shall have the like opportunity for applying to the County Court for the County of Franklin to obtain redress as is or may be allowed by law to those aggrieved by the proceedings of the City Council in similar cases.
(b) Whenever the City Council shall provide for the construction, reconstruction, or alteration of any of the streets, roads, lanes, alleys, or other public highways in the City, the City Council shall have the power and may upon notice to the owners of adjoining lands assess the owners of such lands so much of the expense of construction, reconstruction, or alteration of any of the streets, roads, lanes, alleys, or other public highways in the City as the City Council shall adjudge such lands to be benefited thereby.
(c) Whenever the City Council shall provide for the construction, reconstruction, or alteration of any curb or any sidewalk in the City, the City Council shall have the power and may upon notice to the owners of adjoining lands assess the owners of such lands so much of the expense of construction, reconstruction, or alteration of any curb or sidewalk in the City, exclusive of street intersections, as the City Council shall adjudge such lands to be benefited thereby.
(d) The City Council in laying out or establishing any water supply lines or sewers or drains within or without the limits of the City shall have the power to assess the owners of lands adjoining such water supply lines or sewers or drains so much of the expense of laying such water supply lines or sewers or drains as the City Council shall judge such lands to be benefited thereby.
(e) Whenever any assessment is levied against the owners of real property abutting upon any public improvement as in this charter provided, the City Council shall give to such land owners reasonable and lawful notice of such assessments and shall make a report thereof setting forth its doings in that respect, which report shall be recorded by the City Clerk in a book kept for that purpose, and when so recorded, the amount so assessed shall be and remain a lien in the nature of a tax upon the lands so assessed until the same shall be paid. From such assessment there shall be the same right of appeal to the Franklin Superior Court as hereinbefore provided, and the final decision of the Franklin Superior Court on such appeal shall, when the record thereof is duly made as aforesaid, be a lien upon the land so assessed as above mentioned; but such appeal shall not delay the making of such improvements. And if the owner of such land shall neglect for the space of 30 days after the decision of the City Council or of the said Franklin Superior Court in cases where an appeal is taken to pay to the City Treasurer the amount of said assessment, the City Council shall issue a warrant for the collection of the same, signed by the Mayor and directed to the City Collector of Taxes, who shall have authority to sell at public auction so much of the lands as will satisfy said assessments and all legal fees and who shall proceed in the same manner as the collectors of town taxes are required by law to proceed in selling real estate at auction for the collection of town taxes. (Amended 2009, No. M-23 (Adj. Sess.), § 29, eff. May 20, 2010.)