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North Dakota Statutes, Title 40

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Title 40, Municipal Government

85 chapters · 1,001 sections in this title.

All chapters in Title 401,001 Ch 40-48, Municipal Master Plans and Planning …39 Ch 40-22, Improvements by Special Assessment M…33 Ch 40-33, Municipal Utilities30 Ch 40-46, Employees' Pensions in Cities28 Ch 40-08, Governing Body and Executive Officer…27 Ch 40-23, Assessment of Benefits27 Ch 40-45, Police Pensions in Cities27 Ch 40-01, General Provisions26 Ch 40-05, Powers of Municipalities26 Ch 40-18.1, Municipal Courts26 Ch 40-49, Parks and Park Districts25 Ch 40-24, Special Assessment Funds and Disburs…23 Ch 40-58, Urban Renewal Law21 Ch 40-34, Sewage and Garbage Disposal20

1,001 sections·Filtered byTitle 40✕

N.D.C.C. § 40-24-14 Extension of special assessments on tax lists - Collection - Payment over to municipality
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The county auditor shall extend the special assessments upon the tax lists of the municipality for the current year, and such assessments with interest and penalties shall be collected as general taxes are collected and paid over to the city auditor and shall be placed by the cit…
N.D.C.C. § 40-24-15 Special assessment record book kept by county auditor - Assessments certified for more than one year
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The county auditor shall keep in the county auditor's office a special assessment record. When any municipality causes the installments of special assessments for a period of more than one year to be certified, the county auditor shall cause the special assessments so certified t…
N.D.C.C. § 40-24-16 County treasurer to certify and receipt for amount of special assessments collected - Contents of certificate - Procedure for abatement
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Special assessments of any kind certified to the county auditor by the city auditor shall be paid to the county treasurer and included in the statement required by section 57-20-07.1 and the receipt required by section 57-20-08. If the county treasurer receives less than the full…
N.D.C.C. § 40-24-17 Interest and penalties added to special assessments - County treasurer to collect and pay over

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The county treasurer shall add to all special assessments the same interest and penalties that are added in the case of general taxes and at the same time. The county treasurer shall collect the interest and penalties with the special assessments and shall pay all such interest a…

N.D.C.C. § 40-24-18 Special improvement moneys to be kept separate - Designation and numbering of funds - Diversion of moneys prohibited

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All special assessments and taxes levied and other revenues pledged under the provisions of this title to pay the cost of an improvement shall constitute a fund for the payment of such cost, including all principal of and interest on warrants and other obligations issued by the m…

N.D.C.C. § 40-24-19 Warrants and improvement bonds - Issuance - When payable - Amounts - Temporary warrants and temporary improvement bonds - Interest - Interest coupons - Negotiability - Eligibility as investments

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The municipality, at any time after making a contract for the construction of any improvement to be financed in whole or in part by assessments, under authority of any chapter of this title, or prior thereto but after the period for filing protests against the making of such impr…

N.D.C.C. § 40-24-20 Contents of warrants

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Improvement warrants shall state upon their face for what purpose they were issued and the fund from which they are payable and shall be signed by the executive officer and countersigned by the city auditor under the seal of the municipality.

N.D.C.C. § 40-24-21 Warrants may be used as payment to contractor

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Special improvement warrants may be used in making payments on contracts for the improvements for which the special improvement fund was created at not less than the par value thereof.

N.D.C.C. § 40-24-22 Payment and cancellation of warrants by city auditor

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The city auditor shall pay special improvement warrants and the interest coupons appurtenant thereto as they mature and are presented for payment out of the district funds on which they are drawn respectively and shall cancel the warrants when paid, except that definitive improve…

N.D.C.C. § 40-24-23 Matured improvement warrants or interest coupons may be used to pay special assessments

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Any matured special improvement warrant or interest coupon may be used in the payment of special assessments levied for the payment of the improvement for which the warrant or interest coupons were issued. The warrants or coupons so used shall be canceled and retired by the city …

N.D.C.C. § 40-25-01 Sale of real property to enforce collections of delinquent special assessments

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Real property shall be sold to enforce the collection of special assessments or installments of special assessments which have become delinquent at the same time and in the same manner as is provided in title 57 for the sale of real property for delinquent general taxes. The sale…

N.D.C.C. § 40-25-02 Sale of property if both general and special assessment taxes are delinquent - Absence of private bid

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If any real property is subject to sale at the same time for delinquent general taxes and also for delinquent special assessments or installments thereof, the delinquent general taxes and the delinquent special assessments or installments thereof shall be advertised and sold toge…

N.D.C.C. § 40-25-03 Foreclosure of property if only special assessment is delinquent

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If there is no delinquent general tax against any parcel of real estate and it is foreclosed for special assessments alone, the notice of foreclosure of tax lien must contain a statement to the effect that the foreclosure is for special assessments. If the foreclosure is made onl…

N.D.C.C. § 40-25-06 Negligence must be proved as fact

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In order to obligate such municipality or other taxing district on any issue of special assessment warrants, on the ground of negligence, the negligence of such municipality or other taxing district must be established and proved as a matter of fact, and in determining such quest…

N.D.C.C. § 40-25-07 Measure of damages when negligence of taxing district shown

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If it is shown that any municipality or other taxing district has been guilty of negligence which will amount to a breach of its duty to holders of special assessment warrants, such municipality or taxing district shall be liable in damages to the holders of the special assessmen…

N.D.C.C. § 40-26-01 Courts to review levy and apportionment of special assessments - De novo review for agricultural property assessments

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The courts shall review the levy and apportionment of the special assessments in all actions and proceedings involving the validity or apportionment of any special assessment for local or special improvements. If an action challenges the determination of benefits and special asse…

N.D.C.C. § 40-26-02 Correcting errors, mistakes, and deficiencies in special assessments

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If errors or mistakes occur in making an assessment in respect to the total cost of the improvement or otherwise, or if there was a deficiency in any assessment, the governing body shall cause additional assessments to be made in the manner provided in section 40-26-03 to supply …

N.D.C.C. § 40-26-03 Reassessment - Regulations governing - Enforcement and collection

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When a special assessment, or any part thereof, as to any lot, lots, or parcels of land assessed under any of the provisions of the laws of this state shall be set aside or declared void by any court for any cause, the governing body, without unnecessary delay, shall cause a reas…

N.D.C.C. § 40-26-04 Reassessment made upon refusal of judgment for collection of special assessments or assessment declared void

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When judgment for the collection or enforcement of any special assessment shall be refused or denied by any court, or when any court shall set aside any special assessment upon any lot or parcel of land or declare the same to be void for any cause, such lot or parcel of land may …

N.D.C.C. § 40-26-05 Supreme court setting aside judgment - Effect - Reassessment

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When any special assessment shall be declared void or shall be set aside by the judgment of the supreme court for a cause affecting other like assessments, all assessments affected may be vacated by a resolution of the governing body of the municipality in which any such assessme…

N.D.C.C. § 40-26-06 Error or omission does not vitiate assessment - Assessment altered if substantial injury has been done

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No error or omission which may be made in the proceedings of the governing body, or of any officer of a municipality in referring, reporting upon, ordering, or otherwise acting upon any local improvement to be financed by special assessments or in making or certifying any such as…

N.D.C.C. § 40-26-07 Actions to restrain collection of special assessments, avoid tax judgments - Duty of court

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The court shall determine the true and just amount which any property attempted to be specially assessed for a special improvement should pay to make the same uniform with other special assessments for the same purpose, whenever any action or proceeding shall be commenced and mai…

N.D.C.C. § 40-26-08 Municipality liable generally for deficiencies in special improvement fund

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Whenever all special assessments and all utility revenues and taxes, if any, appropriated and theretofore collected for a special improvement, made under authority of any law authorizing the payment of the cost thereof in whole or in part from special assessments, are insufficien…

N.D.C.C. § 40-27-01 Municipality may issue bonds to purchase special assessment warrants

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A municipality may issue bonds for the purchase of outstanding special assessment warrants of the municipality before or after their maturity, at the best price obtainable, but not exceeding sixty percent of the par value thereof and the interest accrued to the date of purchase. …

N.D.C.C. § 40-27-02 Issuance of funding bonds - Question need not be submitted to electors nor to board of budget review

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The bonds provided for in section 40-27-01 may be issued pursuant to a resolution or ordinance of the governing body of the municipality without submitting the question to the electors of the municipality. The question of the issuance of such bonds need not be submitted to the bo…

N.D.C.C. § 40-27-03 Funding bonds to mature serially - When installments fall due

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Bonds issued for the purchase of special assessment warrants shall mature serially. The first installment shall fall due not more than three years from the date of issuance of the bonds, and the last installment shall fall due not more than twenty years from the date of the bonds…

N.D.C.C. § 40-27-04 Bonds to be general obligations of municipality

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Bonds issued pursuant to section 40-27-01 shall be the general obligations of the issuing municipality, and the full faith and credit and the unlimited taxing power of such municipality shall be pledged to their payment.

N.D.C.C. § 40-27-05 Special fund for payment of bonds issued for purchase of special assessment warrants - Tax levy

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The governing body of a municipality which issues bonds for the purchase of special assessment warrants shall create a special fund for the payment of the principal and interest of such bonds as they become due and shall credit to such fund all special assessments collected for t…

N.D.C.C. § 40-27-06 Refunding special assessment warrants or bonds - Purpose for which issuable

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Any municipality having valid outstanding special assessment warrants or bonds issued pursuant to this title which are due, or to become due within one year, in whole or in part as to principal or interest or both or which are redeemable either at the option of the municipality o…

N.D.C.C. § 40-27-07 Refunding warrants or bonds authorized by resolution - Contents of resolution

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The issuance of refunding warrants or bonds may be authorized by the governing body of the municipality by resolution. Such resolution shall describe the warrants or bonds to be refunded and the amount, maturity, and other details of the refunding warrants or bonds.

N.D.C.C. § 40-27-08 Contents of refunding warrants and bonds - Redemption - Negotiability - Eligibility as investments

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The refunding warrants or bonds shall bear such date, be in such denominations, and mature at such time or times, not exceeding thirty years from date of issue, as the governing body shall determine. Such warrants or bonds may be made subject to redemption at any specified time o…

N.D.C.C. § 40-27-09 Sale or exchange of refunding warrants or bonds - Issuance - Agreement by governing body to exchange

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Refunding warrants or bonds may be sold for cash in such manner as the governing body may direct, and the proceeds used to pay the warrants or bonds described in the initial resolution, or may be exchanged for such warrants or bonds, but no exchange shall be made at less than par…

N.D.C.C. § 40-27-10 Expense of issuing refunding special assessment warrants or bonds chargeable to special improvement fund

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Any municipality that issues refunding special assessment warrants or bonds may incur and pay the reasonable incidental expenses, including the cost of printing and legal fees. All such expenses shall be payable solely out of moneys in the special improvement fund or funds from w…

N.D.C.C. § 40-27-11 Special fund created for payment of refunding special assessment warrants or bonds - Procedure on paying refunded warrants or bonds

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A special fund or special funds shall be created in accordance with this section for the payment of refunding special assessment warrants or bonds. Such special fund may be created as a single consolidated fund for warrants or bonds issued to refund special assessment warrants or…

N.D.C.C. § 40-27-12 Rights of warrantholders or bondholders to be preserved - Tax levy for deficiency - When levied

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A municipality issuing refunding special assessment warrants or bonds shall preserve and enforce, for the security of the refunding warrants or bonds, all of the rights and duties which constituted security for the refunded warrants or bonds. At the date of the maturity of the la…

N.D.C.C. § 40-27-13 Refunding callable funding bonds or refunding warrants - Terms and conditions

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Any municipality may refund, according to the procedure set forth in this chapter, any funding bonds issued under this chapter which are callable prior to maturity or which shall be surrendered voluntarily for refunding, by the issuance of bonds upon the same terms and conditions…

N.D.C.C. § 40-28-01 Connections with sewers and other mains - Service connections

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The governing body of a municipality, when it shall deem it necessary, by resolution, may require the owners of all property abutting on any street, avenue, or alley to construct or cause to be constructed, at the expense of and as a charge against the property fronting on such s…

N.D.C.C. § 40-28-02 Notice to owner or occupant to construct service connection pipes or wires

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Upon the adoption of the resolution as provided in section 40-28-01, the city auditor shall publish in the official municipal newspaper once each week for two successive weeks a notice to the owners or occupants of the property involved stating what work is to be done and the tim…

N.D.C.C. § 40-28-03 Municipality may contract work when property owner fails to make service connections as required

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If the connection with the sewer, main, wire, or conduit is not made by the owner of the property within the time specified in the notice given by the city auditor, the governing body shall order such work done by such person as it may contract with therefor at the expense of the…

N.D.C.C. § 40-28-04 Assessments extended over period of from one year to five years - Certification of assessments

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Assessments for improvements made under the provisions of this chapter shall be paid in equal payments extending over a period of not less than one year nor more than five years, as the governing body of the municipality may determine. Such assessments as may be approved by the g…

N.D.C.C. § 40-28-05 Sewer and water connections assessment fund - Warrants - Payment

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All money collected from assessments for laying and constructing sewer, water, and other service connections provided for in this chapter shall be kept in a fund called "sewer and water connections assessment fund", and warrants shall be drawn on such fund for the payment of the …

N.D.C.C. § 40-28-06 Plans and specifications ordered for service connections

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After the adoption of the resolution declaring the necessity of making the service connections as provided in section 40-28-01, the governing body, by resolution, shall direct the engineer acting for the municipality to prepare plans and specifications for the work and file them …

N.D.C.C. § 40-28-07 Bids for service connections

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The governing body shall direct the city auditor to advertise for bids in accordance with chapter 48-01.2 for the laying and construction of service connections in accordance with the plans and specifications therefor.

N.D.C.C. § 40-28-09 Contracts for making service connections - Execution - Contents

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A contract let under the provisions of this chapter shall require the work to be done pursuant to the plans and specifications on file in the office of the city auditor, subject to the approval of the engineer acting for the municipality, and shall provide further: 1. That the go…

N.D.C.C. § 40-28-10 Contractor may be paid from time to time on estimates

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If the contractor shall perform the work designated in the contract properly, the governing body, from time to time as the work progresses and in its discretion, may pay such contractor between ninety and ninety-five percent of the amount earned under the contract to the time of …

N.D.C.C. § 40-28-11 Duties of street commissioner in certain cities

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In cities which have no city engineer, the street commissioner shall perform the duties enjoined upon the city engineer under the provisions of this chapter, if no engineer is employed by the governing body of the municipality for such purposes.

N.D.C.C. § 40-29-01 Width, materials, and manner of construction of sidewalks prescribed by ordinance

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The governing body, by ordinance, shall prescribe the width of sidewalks and may establish different widths in different locations. The governing body shall determine and prescribe the kind and quality of material of which and the manner in which sidewalks shall be constructed, t…

N.D.C.C. § 40-29-02 Duty of property owners to maintain sidewalks

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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…

N.D.C.C. § 40-29-03 Notice to construct, rebuild, or repair sidewalks

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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 …

N.D.C.C. § 40-29-04 Power of municipality upon failure of property owner to comply with notice

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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…