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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.
(Prior Code, § 94.25) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 9-46-1
(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.
(Prior Code, § 94.27) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 9-46-1
(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.
(Prior Code, § 94.28)
Statutory reference:
Related provisions, see SDCL § 9-46-3
If such sidewalk is not constructed, reconstructed, or repaired in the manner and within the time prescribed pursuant to § 94.18, 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-3, it is not necessary to advertise for bids.
(Prior Code, § 94.29)
Statutory reference:
Related provisions, see SDCL § 9-46-4
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