(A) Whenever the City Council shall deem it necessary to construct, rebuild, or repair, except as hereinafter provided, any sidewalks in said city, it shall notify all owners and occupants of any lots adjoining such sidewalks requiring the construction and repair, within a time limit at the said owner’s expense. The notice shall contain what work is to be done and the character, and it may be general as to the owner or occupants, but must be specific as to the descriptions of the lots or parcels of land in front of which sidewalks are to be built, rebuilt, or repaired. The time specified in such notice shall be not less than 15 days from the time of first publication.
(B) (1) If such work is not done and the sidewalks not built, repaired, or rebuilt in the manner and within the time prescribed above in said notice, the City Council may order the same to be done by any such person it contracts with and under the direction of the Chief of Police. The said expenses shall be assessed upon the lots or parcels of land chargeable by the Chief of Police Marshal, and the bill delivered by him or her to the City Council.
(2) The Finance Officer shall then publish the amount, together with a notice of time and place where the City Council will meet to approve. The publication in each newspaper shall occur at least ten days prior to the meeting of the City Council. Said assessments, if so made and approved, shall be a lien upon said lots and parcel of land, on and after such approval is given.
(C) Within the days after such assessments shall have been approved, the Finance Officer shall file a certified copy of the same in the City Finance Office, and thereupon said assessment shall be payable to the said city. If they are not paid within 30 days, a penalty, often 10%, shall be added.
(D) The City Council may provide, by ordinance, provisions for the repairing of sidewalks.
(E) Any owner of real property who shall fail to keep in repair his, her, or their sidewalks when notified shall be held liable to the city for any damage caused by such neglect.
(Prior Code, § 12-2-11) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL Chapter 9-30