9-46-1.3 . Resolution--Sidewalk Location.

Every municipality may, by resolution, require the owner of real property abutting or adjoining a public right-of-way or abutting or adjoining public property containing a highway to construct a sidewalk in a location as designated in the resolution.

Source: SL 2020, ch 30, § 3.

9-46-2. Liability of adjoining property owner for failure to keep sidewalks in repair.

Any owner of real property who fails to keep the sidewalks abutting or adjoining the property in repair creates or maintains a public nuisance and the owner is liable to the municipality for any damage or injury caused by neglect and responsible for the costs of abating the public nuisance pursuant to § 21-10-6.

Source: SL 1890, ch 37, art XVI, § 24; RPolC 1903, § 1312; RC 1919, § 6363; SDC 1939, § 45.1605; SL 1986, ch 80; SL 2020, ch 30, § 4.

9-46-2.1 . Municipal sidewalk--Construction.

If the governing body deems it necessary that any sidewalk be constructed, and after plans and specifications are filed with the finance officer, the governing body shall draft a proposed resolution of necessity for the sidewalk and shall schedule a public hearing on the resolution.

The proposed resolution of necessity shall contain the proposed location of the sidewalk to be constructed and the date by which the construction must be completed. The proposed resolution may provide that:

(1) The owner of the real property abutting or adjoining the sidewalk to be constructed shall construct the sidewalk and be responsible for all cost of constructing the sidewalk commensurate with the benefit to the property;

(2) The owner of the real property abutting or adjoining the sidewalk to be constructed shall be assessed any definite, specified portion or all of the cost of the sidewalk; or

(3) The municipality shall pay any definite, specified portion or all of the cost of the sidewalk.

The proposed resolution of necessity shall state that details, plans, and specifications may be reviewed at the finance office during regular office hours. Multiple sidewalks may be embraced by one resolution of necessity if the requirements of this section are followed for each sidewalk set forth in the resolution.

Source: SL 2020, ch 30, § 5.

9-46-2.2 . Notice of hearing--Municipal sidewalk.

The notice of hearing on the proposed resolution of necessity shall contain the time and place of the hearing and shall state that the governing body will consider any objections to the proposed resolution by owners of the property abutting or adjoining the sidewalk proposed to be constructed. Notice of hearing on the proposed resolution of necessity shall be published once, not less than ten nor more than twenty days before the hearing on the resolution of necessity.

Source: SL 2020, ch 30, § 6.

9-46-2.3 . Notice--Mailing.

In addition to the published notice set forth in §  9-46-2.2 , the governing body, not less than ten nor more than twenty days before the hearing on the proposed resolution, shall cause a copy of the notice of hearing, set forth in §  9-46-2.2 , to be mailed by first class or certified mail to each owner of real property abutting or adjoining the sidewalk proposed to be constructed. The mailed notice shall contain the location of the sidewalk to be constructed and the date by which the construction must be completed.

Source: SL 2020, ch 30, § 7.

9-46-3. Repealed.

Source: SL 1890, ch 37, art XVI, § 20; SL 1901, ch 79, § 1; RPolC 1903, §§ 1308, 1541; SL 1913, ch 324; RC 1919, § 6360; SL 1929, ch 198; SDC 1939, § 45.1602; SL 1987, ch 80, § 1; SL 2020, ch 30, § 8.

9-46-4. Municipal construction on failure by adjoining owner.

If the sidewalk is not constructed in the manner and within the time set forth in the resolution of necessity pursuant to § 9-46-2.1, the governing body may cause the sidewalk to be constructed and make assessments for the sidewalk pursuant to § 9-46-4.1.

Source: SL 1890, ch 37, art XVI, § 21; SL 1901, ch 75, § 1; SL 1901, ch 79, § 2; RPolC 1903, §§ 1309, 1542; SL 1913, ch 324; SL 1915, ch 110; RC 1919, § 6361; SDC 1939, § 45.1603; SL 1955, ch 207; SL 1963, ch 282; SL 1987, ch 80, § 2; SL 2011, ch 2, § 119; SL 2020, ch 30, § 9.

9-46-4.1 . Sidewalk--Financing.

If the governing body, pursuant to §  9-46-2.1 , deems it necessary that a sidewalk be constructed and financed in total or in part by special assessment, the procedures set forth in chapter 9-43 shall be followed. A resolution of necessity adopted pursuant to §  9-46-2.1 shall satisfy the requirements of §  9-43 -82.

Source: SL 2020, ch 30, § 10.

9-46-4.2 . Definition.

For the purposes of this chapter, the term, lot, includes tracts or other parcels of land.

Source: SL 2020, ch 30, § 12.

9-46-5. Repealed.

Source: SL 1890, ch 37, art XVI, § 21; SL 1901, ch 75, § 1; SL 1901, ch 79, § 2; RPolC 1903, §§ 1309, 1542; SL 1913, ch 324; SL 1915, ch 110; RC 1919, § 6361; SDC 1939, § 45.1603; SL 1955, ch 207; SL 1963, ch 282; SL 2020, ch 30, § 11.

9-46-6. Repealed.

Source: SDC 1939, § 45.1603 as added by SL 1955, ch 207; SL 1963, ch 282; SL 2020, ch 30, § 11.

9-46-7. Repealed.

Source: SDC 1939, § 45.1603 as added by SL 1955, ch 207; SL 1963, ch 282; SL 1982, ch 60, § 7; SL 2020, ch 30, § 11.

9-46-8. Repealed.

Source: SDC 1939, § 45.1603 as added by SL 1955, ch 207; SL 1963, ch 282; SL 2020, ch 30, § 11.

9-46-9. Repealed.

Source: SDC 1939, § 45.1603 as added by SL 1963, ch 282; SL 2020, ch 30, § 11.