Title 40 — Municipal Government

The owner of any lot or parcel of land adjoining any street, lane, or alley in any incorporated municipality shall construct, reconstruct, and maintain in good repair such sidewalks along the street, lane, or alley adjacent to the owner's lot or parcel of land as have been constr…

Except as otherwise provided in this chapter, if the governing body deems it necessary to construct, rebuild, or repair any sidewalk in the municipality, it shall notify each owner of record at the last address shown in the recorder or the county treasurer or occupant of any lot …

If the sidewalk is not constructed, repaired, or rebuilt in the manner and within the time prescribed in the notice, the governing body shall order the work done by such person as it may have contracted with therefor, under the supervision of the city engineer or of the street co…

The expense of constructing, repairing, or rebuilding sidewalks must be assessed against the lots or parcels of land benefited by the sidewalk by the city engineer, or by the street commissioner in cities having no city engineer, who shall return the assessment and file it in the…

Repealed by S.L. 1967, ch. 323, § 285.

Bids for the construction of sidewalks in a city must be made in accordance with chapter 48-01.2.

Repealed by S.L. 1995, ch. 443, § 29. 40-29-09. City auditor to deliver assessment rolls to county auditor - Extension - Collection. The city auditor shall deliver to the county auditor a duplicate of all assessment rolls containing assessments made under the provisions of this c…

The city auditor shall keep in the city auditor's office a book called "sidewalk assessment book" and shall enter therein the cost certified by the street commissioner or the governing body as an assessment against the lots or parcels of land benefited by a sidewalk constructed, …

All assessments for sidewalks must be payable in equal annual amounts extending over a period not exceeding twenty years and must bear interest at an annual rate of not more than two percentage points above the average net annual interest rate on warrants for the total amount of …

Repealed by S.L. 1969, ch. 374, § 2. 40-29-13. Sidewalks repaired or constructed in municipalities not to be paid for by general taxation - Exception. Except as otherwise provided in this chapter, a municipality shall not be liable generally on any contract for the construction, …

All moneys received by a municipality from assessments for the construction, rebuilding, or repairing of sidewalks shall be kept in a separate fund designated as "sidewalk special fund". Warrants shall be drawn on such fund for the payment of the cost of constructing, rebuilding,…

All sidewalk assessment warrants shall be payable as specified and in such amounts as in the judgment of the governing body will be provided by the taxes and assessments. The warrants shall bear interest at a rate or rates and be sold at a price resulting in an average net intere…

The city auditor shall pay sidewalk assessment warrants and interest thereon at the time or times and in the manner designated by the governing body out of the sidewalk special fund. 40-29-17. Property owners petition for drainage and construction or repair of streets and sidewal…

From the time any assessment list provided for in this chapter is approved by the governing body, the assessment, with interest and penalties thereon, shall be and remain a permanent lien upon the property upon which the assessment is levied until the assessment is paid in full, …