(A) Responsibility for maintenance. Owners of lots fronting or abutting sidewalks within the city shall be liable for maintenance of the sidewalk in the form of sweeping, snow removal, ice removal, and removal of any and all obstructions and implements that may result in injury to the public. At no time shall the city be liable for those injuries arising out of the duties owed to the public by the owners of lots adjoining such sidewalk, particularly all trips and falls occurring upon the sidewalk.
(B) Notice of construction or repair. As authorized by SDCL § 9-46-2.1, if the City Council deems it necessary to construct, rebuild, or repair any sidewalk, it shall notify all owners of lots fronting or abutting such sidewalk to construct, rebuild, or repair the sidewalk at their own expense within a time designated by the Council.
(C) City may construct, rebuild, or repair sidewalk. If the owner of the lots fronting or abutting the sidewalk to be constructed, rebuilt, or repaired fails to comply within the time specified by the City Council, the Council may, by resolution, cause the work to be done with the costs assessed against the lots fronting or abutting upon the sidewalk that was constructed, rebuilt, or repaired.
(D) Appeal. Prior to applying the assessment upon the lots fronting or abutting the constructed, rebuilt, or repaired sidewalk, the Council shall establish a time and place for a public hearing on the same, and all lot owners impacted by the proposed assessment shall be afforded an opportunity to appeal the application of the assessment at the hearing.
(Prior Code, § 8.3.1) (Ord. 562, passed - -)
Statutory reference:
Related provisions, see SDCL § 9-46-3