§ 94.16 RAILROADS.

   (A)   All railroad companies in this municipality shall make, keep open, and repair their crossings of streets and public roads, and to make, keep open, and repair ditches, drains, sewers, and culverts along and under their tracks, so that drainage of adjacent property shall not be impeded and the right-of-way shall be properly drained.

(SDCL § 9-35-8)

   (B)   This municipality may extend any street, alley, or highway over, under, or across, or to construct any sewer, water pipe, or main under or through any railroad track, right-of-way, or land of any railroad company within the corporate limits pursuant to SDCL § 9-35-7.

SIDEWALKS

§ 94.30 WIDTH AND MATERIAL OF SIDEWALKS.

   The width of sidewalks in this municipality shall be as is set by the governing body. All sidewalks must be composed of material as is set out by the governing body.

(SDCL § 9-46-1)  Penalty, see § 10.99

§ 94.31 FAILURE TO KEEP SIDEWALKS IN REPAIR; LIABILITY.

   (A)   Any owner of real property who fails to keep in repair the sidewalks in front of or along such property if he or she resides thereon, or if he or she does not reside thereon, to repair the same forthwith when notified, is liable to the municipality for any damage caused by such neglect.

   (B)   The duty of the municipality to notify the nonresident owner does not affect the liability of the owner for any injury proximately caused by the negligent construction or repair of the sidewalk.

   (C)   The failure of the municipality to notify the nonresident owner does not result in any liability on the part of the municipality for any injury proximately caused by the negligent construction or repair of the sidewalk.

(SDCL § 9-46-2)  Penalty, see § 10.99

§ 94.32 NOTICE TO CONSTRUCT OR REPAIR SIDEWALK.

   (A)   If the municipality deems it necessary to construct, rebuild, or repair any sidewalk, it shall notify all owners of lots adjoining such sidewalk to construct, rebuild, or repair the sidewalk at their own expense within a time designated.

   (B)   Such notice shall be in writing and either be served personally or by return receipt mail, on each owner or by publication once in each week for two consecutive weeks. It shall set forth the character of the work and the time within which it is to be done. Such notice may be general as to the owners but shall be specific as to the description of such lots.

(SDCL § 9-46-3)