40-29 Sidewalks
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<![CDATA[CHAPTER 40-29SIDEWALKS40-29-01. Width, materials, and manner of construction of sidewalks prescribed byordinance. The governing body, by ordinance, shall prescribe the width of sidewalks and may<br>establish different widths in different locations.The governing body shall determine andprescribe the kind and quality of material of which and the manner in which sidewalks shall be<br>constructed, taking into consideration the business and the amount of travel in the vicinity of each<br>sidewalk. The ordinance shall be specific, and all contracts for the construction of sidewalks shall<br>be let with reference thereto.40-29-02. Duty of property owners to maintain sidewalks. The owner of any lot orparcel of land adjoining any street, lane, or alley in any incorporated municipality shall construct,<br>reconstruct, and maintain in good repair such sidewalks along the street, lane, or alley adjacent<br>to the owner's lot or parcel of land as have been constructed by the municipality or as have been<br>ordered constructed by ordinance. Such sidewalks shall be of the material and width and upon<br>the place and grade specified in the ordinance.40-29-03.Notice to construct, rebuild, or repair sidewalks.Except as otherwiseprovided in this chapter, if the governing body deems it necessary to construct, rebuild, or repair<br>any sidewalk in the municipality, it shall notify each owner of record at the last address shown in<br>the recorder or the county treasurer or occupant of any lot or parcel of land that would be<br>benefited by the sidewalk to construct, rebuild, or repair the same at the owner's own expense<br>and subject to the approval of the street commissioner or city engineer, within the time<br>designated in the notice. The notice must be directed in the manner hereinbefore provided to the<br>owner of record or occupant and must set forth what work is to be done, the character of the<br>same as specified in the ordinance, and the time within which the owner is required to do the<br>work. The work must be done to the satisfaction of the street commissioner or city engineer.<br>The notice may be general as to the owner of record or occupant but must be specific as to the<br>description of the lot or parcel of ground to be benefited by the sidewalk that is to be built or<br>repaired. The street commissioner or city engineer shall serve such notice by certified mail or<br>delivering a copy thereof to the occupant or owner of record of each lot or parcel of occupied land<br>described in the notice, or as to the occupant by leaving a copy thereof at the dwelling house<br>upon such lot or parcel of land with some person over the age of fourteen years residing therein.<br>If any lot or parcel of land is not occupied and service by mail is deemed impractical, the<br>commissioner or city engineer may serve the notice by posting a copy thereof in a conspicuous<br>place therein or immediately in front thereof. If such sidewalk is not repaired within the time fixed<br>in such notice, the street commissioner or city engineer, as soon as practicable, shall repair the<br>same and certify the cost thereof, with the person's return of service of the notice, to the city<br>auditor, and the cost of such repairs must be paid out of the sidewalk special fund.40-29-04. Power of municipality upon failure of property owner to comply withnotice. If the sidewalk is not constructed, repaired, or rebuilt in the manner and within the time<br>prescribed in the notice, the governing body shall order the work done by such person as it may<br>have contracted with therefor, under the supervision of the city engineer or of the street<br>commissioner in a city having no city engineer, at the expense of the lots or parcels of land<br>benefiting from the sidewalk. The expense of constructing, repairing, or rebuilding the sidewalk<br>shall include the expense of giving all notices required by the provisions of this chapter, of<br>making assessments, and of any other nature incurred in doing such work.40-29-05.Assessment of expense.The expense of constructing, repairing, orrebuilding sidewalks must be assessed against the lots or parcels of land benefited by the<br>sidewalk by the city engineer, or by the street commissioner in cities having no city engineer, who<br>shall return the assessment and file it in the office of the city auditor. The city auditor shall cause<br>such assessment, together with a notice of the time when and place where the governing body<br>will meet to consider the approval thereof, to be published in one issue of the official newspaper<br>of the city at least ten days prior to the meeting of the governing body at which the approval of<br>the assessment will be considered.Page No. 140-29-06. Assessment of expense in villages. Repealed by S.L. 1967, ch. 323, </p>
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