(A) Whenever any owner, lessee, occupant, or person having charge of any parcel of real estate shall fail or neglect to remove snow and ice from any such sidewalk, as provided in this subchapter, the Chief of Police, without notice, shall have the ice and snow removed therefrom.
(1) A bill for the expense incurred thereby shall be presented by the Chief of Police to the owner, personally, by leaving the same at his or her residence, or place of business, or if he or she is a non-resident, by mailing the same to his or her last known address, or, if the name of such owner or his or her place of residence cannot be determined or ascertained after due diligence, by posting the same in a conspicuous place on his or her premises.
(2) If he or she shall fail to pay the same within 30 days thereafter, the Chief of Police shall file each year immediately proceeding the time for the making of the annual assessment roll, his or her certificate of the actual cost of such work, together with a statement as to the property in front of or on which the cleaning was done, with the City Assessor who shall, in the preparation of the assessment roll of general city taxes, assess such amount upon such property, and the same shall be levied, corrected, enforced and collected in the same manner, by the same proceedings, at the same time, under the same penalties, and having the same lien upon the property assessed as the general city tax and as a part thereof.
(C) The imposition and collection of any fine or penalty prescribed by this subchapter shall not be a bar to the right of the city to collect the cost of removing and cleaning of snow and ice from the sidewalks, as herein provided.
(Prior Code, § 9-1-5)
Statutory reference:
Related provisions, see SDCL § 9-29-13