§ 14-301-107 - Sidewalks and curbing in towns and in cities of the first and second class.
14-301-107. Sidewalks and curbing in towns and in cities of the first and second class.
(a) In order to better provide for the public welfare, safety, comfort, and convenience of the inhabitants of cities of the first and second class and of incorporated towns, the council of any such city or town, by ordinance, resolution, or order, shall have the power to:
(1) Compel the owners of any property abutting its streets or public squares to build, rebuild, maintain, and repair foot pavements or sidewalk improvements and curbing and to designate the kind of sidewalks and curbing improvements to be made, the kind of material to be used, the specifications to be followed, and the time within which the improvement is required to be completed; and
(2) Provide that:
(A) If the owner of any property shall fail or refuse to comply with the provisions thereof, in the manner and within the time therein prescribed, the cities and towns may contract with some suitable person for the construction, reconstruction, or repair of the sidewalk or curbing, on the best terms that can be made and in the manner prescribed in the ordinance, resolution, or order after giving reasonable notice to the owner or the agent in charge of the property of an intention to do so; and
(B) The cities and towns may pay that person for so constructing, reconstructing, or repairing the sidewalks and curbing and that the amount so paid by the cities and towns, together with six percent (6%) penalty added thereto, shall constitute a charge against the owner of the property and shall be a lien on the property from the date of the commencement of the work with the charge and lien to be assignable by the city and town and the charge to be recovered in an ordinary suit against the owner by the city or town or its assignee or the lien to be foreclosed by the city or town or its assignee by suit in equity in the courts having jurisdiction of suits for the enforcement of liens upon real property, for the condemnation and sale of the property for the payment of the sums so paid by the city or town, together with the interest, penalty, and cost of suit, the suit in equity to be brought in the manner and under the terms now provided by law for the foreclosure of property by improvement districts, so far as applicable.
(b) Nothing herein contained shall be construed as repealing 14-54-104, or as preventing the cities and towns from proceedings in any manner provided by existing laws.