GENERAL PROVISIONS

§ 91.01 REBUILDING AND REPAIR.

   (A)   Whenever the City Council shall deem it necessary to construct, rebuild, or repair (except as hereinafter provided) any sidewalks, 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)   Prior to commencement of repair, the city appointed Building Inspector shall verify the specifications of the forms and issue a building permit for the work to be completed. The building permit fee shall be set by resolution by the City Council. Once work is completed, the Building Inspector will conduct a final inspection. If the sidewalk repair, rebuild, or installation meet the said requirements, the Building Inspector may then sign off on the permit.

   (C)   If such work is not done by the property owner and the sidewalks are not built, repaired, or rebuilt in the manner and with the time prescribed in said notice, the City Council may order the same to be done by any such person they contract with and under the direction of the City Council. Upon completion of the new construction or repair/rebuild sidewalk, the property owner has 30 days to pay the balance in full at City Hall. Once the 30 days has expired, an assessment will be filed with County Auditor’s office against the property for the expense plus interest to construct or repair/rebuild the said sidewalk.

   (D)   The City Council may provide by ordinance provisions for the repairing of sidewalks. Any owner of real property who shall fail to keep in repair their sidewalks when notified, shall be held liable to the city for any damage caused by such neglect.

(Ord. 621, passed 12-14-2015)

§ 91.02 CURB, GUTTER, AND BLACKTOP COST SHARE.

   (A)   (1)   When curb, gutter, and/or blacktop is installed for the first time on existing developed streets within the corporate city limits, the current policy is that the adjoining property owner shall pay 100% of the curb and gutter cost and/or blacktop and blacktop laying costs only.

      (2)   This only applies to streets that are developed as of the signing of this section. All other costs associated with such a project, including Engineering costs and any other incidental costs as there might be, shall be paid by the city.

   (B)   When a street is already paved and curb and gutter is installed for the first time, the street shall be redone according to the engineering recommendations. This section shall not apply where special funds have been designed and are available for specific curb, gutter, and/or blacktop installation.

(Res. passed 5-10-1993)

§ 91.03 STREET DEDICATIONS AND WIDTH REQUIREMENTS.

   The following conditions shall govern the designation and minimum street right-of-way and roadway widths.

   (A)   A minimum width of highways, arterial streets, residential collector streets, local residential streets, and marginal access to be dedicated to the city shall be indicated on the Major Street Plan and, where not shown thereon, shall not be less than as follows:

 

Street Types	Minimum Dedicated Right-of-Way Width
Alleys	20 feet
Arterial	100 feet
Collector	80 feet
Marginal access	52 feet
Minor	66 feet

 

   (B)   In underdeveloped or vacant areas, the Council shall have the discretion to identify or classify a street as a collector street.

   (C)   Subdivisions which abut, or include within the proposed area to be subdivided, any highway or arterial street, shall provide:

      (1)   A marginal access street;

      (2)   Reverse frontage with screen planting contained in a non-access reservation along the rear property lines;

      (3)   Deep lots with rear service drives; or

      (4)   Other treatment as may be necessary to adequately protect residential properties and to afford separation of through and local traffic.

   (D)   Minimum roadway widths:

 

Street Types	Pavement Width (Measured from Front Face of Gutter)
Arterial	60 feet
Collector	44 feet
Marginal access	26 feet
Minor	32 feet

 

(Ord. 426, passed - -)

Statutory reference:

   Related provisions, see SDCL Chapter 11-3 and 11-4 generally

§ 91.04 OBSTRUCTION OF ROADWAYS AND PUBLIC WALKS.

   (A)   It shall be unlawful for any person to encumber or obstruct any street, public walk, alley, or other public grounds by placing thereon any lumber, wood, stone or other material thereby interrupting and discommoding the use thereof for passage or travel; and also it shall be unlawful for any person to leave place or stand any wagon, sleigh, or other vehicle or any horse, mule, or other animal on any public street, alley, or other public grounds so as to interrupt and obstruct the use of the same for passage and travel; and also it shall be unlawful for any person to lead, drive, or ride any horse, mule, or other animal, whether attached to a vehicle or not, upon or across any sidewalk, except at a crossing constructed in the same.

   (B)   It shall be lawful for the owner or occupant of premises adjoining any sidewalk to construct and maintain a crossing therein, provided that said crossing shall be at the surface height of said sidewalk and the same shall be constructed and maintained in the manner and of such material as the Committee on Streets shall direct.

   (C)   It shall be unlawful for any person who shall deposit any manure, dead animal, or any animal or vegetable matter within the corporate limits of the city or shall deposit any dirt, ashes, rubbish, or manure on any street, walk, or public grounds or shall fill up or otherwise obstruct the free course of water in any sewer, drain or gutter, or shall dig, remove, or carry away any stone, sand, earth, or ground from any street, alley, or public ground, or cause the same to be done without permission from the City Council.

   (D)   It shall be lawful for any person or persons for the purpose of repairing or erecting building or buildings to occupy a reasonable portion of the street in front of his or her or their premises with building material necessary for erecting or repairing the same, but said person or persons shall cause the excess of such material and accumulated rubbish to remove from said portion of the street whenever it becomes unnecessary for the same to remain therefor the aforesaid purpose of repairing or building.

(Ord. 6, passed 11-27-1891) Penalty, see § 91.99