Changes to Existing Law

The governing body may, by ordinance shall, prescribe the width of sidewalks and5 may establish different widths in different localities areas of the municipality and determine the6 kind of material of which they the sidewalk shall be constructed, having regard to the business and amount of travel in the vicinity of each.

Any owner of real property who fails to keep in An adjoining property owner is responsible for repair or replacement of the sidewalks in front of or along such the owner's property if he resides thereon, or if he does not reside thereon,. The adjoining property owner who fails, if notified by the municipality, to repair the same forthwith when notified, sidewalk is liable to the municipality for any damage caused by such neglect. The duty of the municipality14 to notify the nonresident owner does not affect the liability of the owner for any injury15 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1078 proximately caused by the negligent construction or repair of the sidewalk. The failure of the1 municipality to notify the nonresident owner does not result in any liability on the part of the2 municipality for any injury proximately caused by the negligent construction or repair of the3 sidewalk.

If the governing body municipality deems it necessary to construct, rebuild, reconstruct or repair any sidewalk, it the municipality shall notify all owners of lots adjoining7 such the sidewalk to construct, rebuild, reconstruct or repair the sidewalk at their the owner's own expense within a time designated by the municipality. Such The notice shall be in writing and either be served personally or by return receipt mail, by first class mail on each owner or by publication once in each week for two consecutive11 weeks. It The notice shall set forth the character nature of the work and the time within which it frame that the work is to be done completed. Such The notice may be general as to the owners13 but shall be specific as to the description of such the lots.

If such the sidewalk is not constructed, reconstructed, or repaired in the manner and16 within the time prescribed pursuant to § 9-46-3, the governing body by resolution municipality 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 § 5-18A-14, it is not necessary to advertise for bids completed.

The cost thereof shall of reconstruction or repairing the sidewalk may be assessed21 against the lots fronting or abutting upon the sidewalk so constructed, reconstructed, or repaired, as provided in this title or hereinafter provided. In estimating such assessment the entire cost of the improvement fronting on the property to be assessed shall be divided by the number of feet24 - 3 -HB 1078 fronting or abutting on the same, and the quotient shall be the sum to be assessed per front foot against each lot so fronting or abutting as provided in this title.

After the completion of the construction reconstruction or repair of said the sidewalk, the municipal engineer or such other person designated a person designated for that5 purpose shall file in the office of the city auditor or clerk municipal finance officer, an6 assessment roll showing the amount to be assessed against each lot or parcel of ground which7 amount shall include the contract price or the cost of the work by day labor, materials, engineering and any other costs entering into such construction reconstruction or repair, the9 description of the property abutting upon said the sidewalk which that is to be assessed and the10 name of the property owner or owners thereof as shown by the records in the office of the11 director of equalization.

Upon the hearing, the governing body may approve said the roll with or without14 amendment, or reject the same, and upon the approval thereof, the governing body shall direct15 the city auditor or town municipal finance officer or clerk to file a certified copy of the16 assessment roll with the municipal finance office for collection by the municipality or in the17 office of the county auditor who shall thereupon certify said the assessment to the county18 treasurer to be collected in the manner provided for the collection of special assessments as provided in chapter 9-43 for collection by the county.