39 Fla. 8 | Fla. | 1897
The city of Jacksonville filed a bill against appellee to enforce an alleged lien on lot 4, block 23, in the city of Jacksonville, the property of appellee, for money expended by the city in constructing a sidewalk on Monroe street in front of said lot. The lien
The second section of the ordinance provides the-manner in which the sidewalks or foot pavements shall be constructed, their width, the materials to be used, and specifications for the respective localities in the-city. On all streets within the limits fixed for special taxation for water works and fire protection, with certain exceptions mentioned, the sidewalks were required to be of stone, hard brick, artificial stone, or pine plank laid smooth, not less than six feet wide.
The sixth section provides that the owner or agent of any land within the city limits shall, within twenty-four hours after being notified by the board of public works, the city marshal, or any member of the police force, remove or repair any sidewalk, fence or other structure in any street or lane abutting on or upon said land, which may be considered dangerous or detrimental to the citizens; any sidewalk or foot pavement required by this section to be removed or repaired may be required by the board of public works to be-repaired or replaced so as to comply with the provisions of the first and second sections of the act within, ten days after notice thereof shall have been posted on-the land, or the owner otherwise notified.
The seventh section provides that if any owner or owners of any lot or lots of land within the limits of the city shall fail to comply with any of the provisions-of the ordinance within the time therein prescribed, the board of public works may contract for the construction or repair of such sidewalks or foot pavements, and the amount contracted to be paid for the-same by the city shall be a lien upon said lot or lots along which such sidewalks or pavements are con
The bill alleges that the appellee was, on the 14th day of July, 1891, prior thereto, and since, the owner of lot 4, block 23, in the city of Jacksonville, situated .at the southeast corner of Main and Monroe streets, and the lot fronts and abuts on Monroe street between Ocean and Main streets, within the limits fixed by ordinance for special taxation for water works and fire .protection; that he failed to have, keep up and maintain in repair a good and sufficient sidewalk or foot pavement as required by said ordinance, and an order ■of the board of public works of the city, so to do, was duly made, of which appellee was duly notified. That he failed to comply with said order within ten days after said notice, and the board of public works contracted for the construction of, and caused to be constructed, for a sum of money stated, a sidewalk or foot pavement along the whole length of said lot as the same abuts on Monroe street, and which sum the nity had paid; that said sidewalk was constructed of the material and in the manner prescribed by said ordinance, and a lien in favor of the city for the amount paid is claimed.
The appellee answered the bill, admitting that he was the owner of lot 4, block 23, but denied that he had failed to have, keep and maintain in repair a good and sufficient sidewalk or foot pavement, as al
After replication filed, proof was taken and the bill dismissed on final hearing. The city appealed.
We do not give to the finding of a chancellor solely on the testimony taken before an examiner the same effect that we do to the verdict of a jury, or the finding on the facts of a referee, but we will not reverse the conclusion of a chancellor solely on the facts, unless it clearly appears that he has erred in such conclusion. Waterman vs. Higgins, 28 Fla. 660, 10 South. Rep. 97; Fuller vs. Fuller, 23 Fla. 236, 2 South. Rep. 426. The sidewalk in question here is on Monroe street, within the limits fixed for special taxation for water works and fire protection, and, according to the requirements and specifications of section 2 of the ordinance, must be of stone, hard brick, artificial stone, or pine plank, laid smooth, not less than six feet in width. The bill alleges that appellee did not comply with the provisions of the ordinance in reference to the having and keeping in repair the required sidewalk on Monroe street, and the answer positively denies this allegation. The sworn responsive answer of a respondent imposes the burden upon the complainant of overcoming it by two -witnesses, or one witness and corroborating circumstances. Kellogg vs. Singer Manufacturing Co., 35 Fla. 99, 17 South. Rep. 68. On the facts of this case we can not say that the chancellor erred in dismissing the bill, and on this, ground the decree will be affirmed.
Ordered accordingly.