Section 12.04.050 Notices of such orders.
A. Upon the director of public works or other authorized
agent ordering the construction or
repair of any sidewalk or curb, the director of public works or other authorized agent, shall
immediately give written notice thereof to the holder of the record title of the premises in front of
or
along which such sidewalk or curb has been ordered constructed.
B. Services of such notice must be made either by registered
letter directed to such owner at
his/her last known place of residence and deposited in the United States Post Office at Hamilton,
Montana, with all necessary postage and registry fees prepaid thereon, or by publication thereof
once a week for two successive weeks in an official newspaper of the city, and/or posted in four
conspicuous places within the city, as required by city ordinance.
C. If service of such notice be made by publication and/or
posting, all sidewalks and curbs
ordered constructed by the city on the same date may be included in one notice, and such notice
when published and/or posted shall not be directed to any person or persons, but shall be entitled
"Notice to construct and/or repair sidewalks and curbs."
D. Such notice shall refer to the order of the city council
ordering the construction of such
sidewalks or curbs and shall describe the termination, course, length, width and character of the
sidewalk or curb ordered constructed, designating the name of the street along which and the
number of the lot or lots and block in front of or along which such sidewalk or curb has been
ordered constructed, and such notice shall state that if the holder of the record title of the property
in front of or along which such sidewalk or curb has been ordered constructed, shall fail, neglect or
refuse to construct such sidewalk or curb for a period of thirty (30) days from and after the date of
mailing such notice, if service of such notice shall be by mail, or for a period of thirty (30) days
after the date of the first publication and/or posting, such sidewalk or curb will be constructed and
all construction costs, together with all expenses connected therewith, will be assessed against the
premises in front of or along which the same has been ordered constructed and will become a lien
thereon.
E. Copies of all notices mailed with the registry receipt
thereto, and copies of all notices
published with the publisher's affidavit of publication attached thereto, and copies of all notices
posted with the clerk's affidavit of posting attached thereto, shall be by the director of public works,
or other authorized person, filed with the city clerk, and shall be conclusive proof of the service
thereof. (Ord. 165 (part), 2000: Ord. 108 (part), 1996: prior code § 12.02.020)
