South Dakota

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Chapter 8.01     Sidewalks

8.0101     Sidewalk Construction

The building and construction of all sidewalks within the limits of the City of Scotland shall be done under the general supervision of the Committee on Streets and Alleys.

8.0102     Specifications

The construction of all sidewalks, whether to be done by direct contract with the City of Scotland or by contract with the abutting property owners, shall be done strictly in accordance with the specifications for sidewalks as adopted by the Committee on Streets and Alleys and approved by the City Council.

1)   Sidewalks shall be constructed and composed of good quality concrete and shall be at least four inches (4”) thick.

2)   All sidewalks so constructed shall be ten feet (10’) in width, when abutting business properties; all others 4 (4) to eight (8) feet in width, as may be prescribed by resolution ordering any such sidewalks, provided that in any case when sidewalks so constructed must be at least four feet (4’) in width.

The Committee on Streets and Alleys shall have full power to condemn work and materials not in accordance with the requirements of these specifications.

8.0103     Permit Required

Before any sidewalk is constructed within the limits of the City of Scotland, where the same will be used  by the public generally, such contractor or person so  constructing or the abutting property owner or owners must first secure a permit therefor from the Finance Officer, after signing a statement to the effect that the person building the sidewalk in question binds himself/herself to so construct the sidewalk in accordance with the provisions of this title.

8.0104     Notice to Owners

Whenever the City Council shall deem it necessary to construction, rebuild or repair any sidewalk, it shall notify all owners of lots adjoining such sidewalk to construct, rebuild or repair the same at their own expense within the time designated in said notice.  Such notice shall be in writing and signed by the Finance Officer, either be served  personally on each said owner or by publication once each week for two consecutive weeks.  Such notice shall set forth the character of the work and the time within which it is to be done.  Such notice may be general as to the owners, but must be specific as to the description of such lots.

8.0105     When Work is Not Done by the Owner

If such sidewalk be not constructed, reconstructed or repaired in the manner and within the time prescribed, the City Council by resolution may cause the same to be done and the cost thereof assessed against the lots fronting or abutting upon the sidewalk so constructed, reconstructed or repaired, as provided in this title.  In estimating such assessment, the entire cost of the improvement fronting on the property to be assessed shall be divided by the number of feet fronting or abutting on the same, and the quotient shall be the sum to be assessed per front foot against each lot fronting or abutting.

8.0106     Payment for Same

If said assessment is not  paid  to the Finance Officer on or before the 20th day of August in any year, the City Council shall cause a statement of the same to be transmitted with the city taxes levied for the year, to the Finance Officer, on or before the first regular September meeting of the City Council in each year; and the said Finance Officer shall insert the same with the other taxes in the duplicate statement of taxes annually transmitted by him/her to the County Treasurer for collection and payment thereof enforced within and in like manner as city, county, and state taxes are collected and payment thereon are enforced.

8.0107     Sidewalk Repairs out of the General Fund

When the City Council, in its discretion, deems it necessary for the safety and welfare of the public at large to provide for the repair of any sidewalk, it may so provide, by resolution, may pay for the same out of the general fund, and the cost shall be assessed to the property owner.

8.0108     Snow, Removal of

It shall be the duty of the lessee or occupant or person having charge, or if there be no lessee, occupant or person having charge, then the owner of each and every premises to removed or cause to be removed all snow and ice from the public sidewalks, adjacent to or in front of such premises  to the full width of such sidewalk, within 6 hours of daylight after such snow or ice have fallen or accumulated thereon unless because of excessive accumulation, the time for removal may be extended a reasonable time.

8.0109     Use of Ashes, Sand, etc.

In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the responsible person heretofore defined shall within the time specified in the preceding section, cause the sidewalk to be covered and to be kept covered with ashes, sand, salt or some other suitable material and shall, as soon thereafter as the weather shall permit, thoroughly clean such sidewalk.

8.0110     Failure of Duty or Responsible Party

Whenever the responsible party or person heretofore defined, shall fail or neglect to remove snow and ice from any sidewalk, as provided, the Commissioner of Streets and Public Utilities or the Chief of Police, without notice shall have the ice and snow removed therefrom.  A bill for the expense incurred thereby shall be presented by the Chief of Police or the Commissioner of Streets and Public Utilities to the owner personally, by leaving a copy of the same at his/her residence or place of business, or if he/she is a nonresident by mailing the same to his/her last known address.

If the owner shall fail to pay the same within 30 days thereafter, the Chief of Police or commissioner of Streets and Public Utilities shall cause a certificate of the actual cost of the work done to be presented to the City Council who shall proceed to enforce payment as in like manner provided in Sections 8.0105 and 8.0106 providing for payment for delinquencies in sidewalk maintenance, repair and construction.  The imposition and collection of any fine or penalty as hereinafter prescribed by this title shall not be a bar to the right of the City to collect the cost of removing and cleaning of snow and ice as hereinbefore provided.

8.0111     In Relation to Shade and Ornamental Trees

The owner or owners of any lot or lots in this City may, and is hereby authorized, to plant shade or ornamental trees upon the street in front of such lot or lots, except as hereinafter provided.

1)   Any and all persons having trees planted in front of their lot or lots, as hereinbefore provided, shall cause the same to be kept trimmed so as not to become a material obstruction to the street or sidewalk; the City Council may cause all trees hereafter taken up and properly set out; if any person shall hereafter set out trees in violation of the provisions of this ordinance or shall, after notice, fail or refuse for the space of ten (10) days, to reset or trim any trees in front of his/her lot or lots when ordered so to do by the City Council, such person on conviction thereof shall be fined in any sum not to exceed fifty dollars ($50) for every such offense.

2)   Any person who shall willfully and maliciously break down, cut destroy or injure in any manner, any ornamental or shade tree, or trees in any street or in any public square within this city, shall on conviction thereof be fiend in any sum not exceeding fifty dollars ($50).