(A) Generally.
(1) If the municipality deems it necessary that any sidewalk be constructed, and after plans and specifications are filed with the Finance Officer, the municipality shall draft a proposed resolution of necessity for the sidewalk and shall schedule a public hearing on the resolution.
(2) The proposed resolution of necessity shall contain the proposed location of the sidewalk to be constructed and the date by which the construction must be completed. The proposed resolution may provide that:
(a) The owner of the real property abutting or adjoining the sidewalk to be constructed shall construct the sidewalk and be responsible for all cost of constructing the sidewalk commensurate with the benefit to the property;
(b) The owner of the real property abutting or adjoining the sidewalk to be constructed shall be assessed any definite, specified portion or all of the cost of the sidewalk; or
(c) The municipality shall pay any definite, specified portion or all of the cost of the sidewalk.
(3) The proposed resolution of necessity shall state that details, plans, and specifications may be reviewed at the finance office during regular office hours. Multiple sidewalks may be embraced by one resolution of necessity if the requirements of this section are followed for each sidewalk set forth in the resolution.
(SDCL § 9-46-2.1)
(B) Notice of hearing. The notice of hearing on the proposed resolution of necessity shall contain the time and place of the hearing and shall state that the municipality will consider any objections to the proposed resolution by owners of the property abutting or adjoining the sidewalk proposed to be constructed. Notice of hearing on the proposed resolution of necessity shall be published once, not less than ten nor more than 20 days before the hearing on the resolution of necessity.
(SDCL § 9-46-2.2)
(C) Mailing. In addition to the published notice set forth in division (B) of this section, the municipality, not less than ten nor more than 20 days before the hearing on the proposed resolution, shall cause a copy of the notice of hearing, set forth in division (B) of this section, to be mailed by first class or certified mail to each owner of real property abutting or adjoining the sidewalk proposed to be constructed. The mailed notice shall contain the location of the sidewalk to be constructed and the date by which the construction must be completed.
(SDCL § 9-46-2.3)