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(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)
If such sidewalk is not constructed, reconstructed, or repaired in the manner and within the time prescribed pursuant to § 94.32, the municipality by resolution may cause the work to be done by day labor or by job. If the amount of the contract is less than the amount provided for in SDCL § 5-18A-14, it is not necessary to advertise for bids.
(SDCL § 9-46-4)
The cost thereof shall be assessed against the lots fronting or abutting upon the sidewalk so constructed, reconstructed, or repaired, as provided in this chapter. In estimating such assessment the entire cost of the improvement fronting on the property to be assessed shall be divided by the number of feet fronting or abutting on the same, and the quotient shall be the sum to be assessed per front foot against each lot so fronting or abutting.
(SDCL § 9-46-5)
After the completion of the construction or repair of said sidewalk, the municipal engineer or such other person designated for that purpose shall file in the office of the municipal auditor or clerk, an assessment roll showing the amount to be assessed against each lot or parcel of ground which amount shall include the contract price or the cost of the work by day labor, engineering and any other costs entering into such construction or repair, the description of the property abutting upon said sidewalk which is to be assessed and the name of the owner or owners thereof as shown by the records in the office of the director of equalization.
(SDCL § 9-46-6)
It shall be unlawful for any person to permit the rainwater from any building discharge on and over the sidewalks.
Penalty, see § 10.99
(A) (1) The record owner of any building or ground within the municipality fronting upon or adjoining a street where a sidewalk exists in front of or adjoining such premises, shall clear or make arrangements to clear the sidewalk in front of or adjoining such buildings and ground to the width of the sidewalk within 24 hours after snow or ice has fallen or formed. Where it is impossible to take the snow and ice from the walk by reason of its being frozen to the sidewalk the record owner shall sprinkle or spread some suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel.
(2) RECORD OWNER means the fee owner of real property as shown in the records of the register of deeds. A CONTRACT PURCHASER of real property means the record owner for the purpose of this section.
(B) If the record owner of any building or lot fails or neglects to remove snow and ice from the sidewalk adjoining the property within 24 hours after the same has fallen or formed, the municipal public works director or his or her designee may arrange for an independent contractor to remove the snow and ice. The municipality may also, at its discretion, remove the snow or ice if it deems such action appropriate. In either case, the municipality shall be entitled to a fee for the costs of arranging the removal plus the actual cost paid to the contractor or, in the event the removal is done by municipality employees, the record owner shall pay a sum as determined by the municipality plus material per hour for each employee. Such sums shall be recoverable by the same legal means as for the recovery of other nuisance abatements, including, but not limited to, direct billing of the property owner, assessment of the sum against the property itself, or by bringing an action against the property owner. Each day the record owner fails to remove the snow and ice, after notice as provided for in this section, shall constitute a separate violation of this section and shall be subject to a civil fine, as set by the municipality, per day for each separate violation.
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