1 | 1 | | 25.1006.01000 |
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2 | 2 | | Sixty-ninth |
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3 | 3 | | Legislative Assembly |
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4 | 4 | | of North Dakota |
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5 | 5 | | Introduced by |
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6 | 6 | | Representatives VanWinkle, Koppelman, Brandenburg, Hauck, Hendrix, Morton, Heilman, |
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7 | 7 | | Dockter, Rohr, Nehring |
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8 | 8 | | Senators Paulson, Wanzek |
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9 | 9 | | A BILL for an Act to amend and reenact section 40-29-03 of the North Dakota Century Code, |
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10 | 10 | | relating to the notice to construct, rebuild, or repair sidewalks. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: |
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12 | 12 | | SECTION 1. AMENDMENT. Section 40-29-03 of the North Dakota Century Code is |
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13 | 13 | | amended and reenacted as follows: |
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14 | 14 | | 40-29-03. Notice to construct, rebuild, or repair sidewalks. |
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15 | 15 | | 1.Except as otherwise provided in this chapter, if the governing body deems it necessary |
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16 | 16 | | to construct, rebuild, or repair any sidewalk in the municipality, it shall notify each |
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17 | 17 | | owner of record at the last address shown in the recorder or the county treasurer or |
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18 | 18 | | occupant of any lot or parcel of land that would be benefited by the sidewalk to |
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19 | 19 | | construct, rebuild, or repair the samesidewalk at the owner's own expense and subject |
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20 | 20 | | to the approval of the street commissioner or city engineer, within the time designated |
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21 | 21 | | in the notice. |
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22 | 22 | | 2.The notice must be directed in the manner hereinbefore provided to the owner of |
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23 | 23 | | record or occupant and must set forth whatstate the work isrequired to be |
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24 | 24 | | donecompleted, the character of the samework as specified in the ordinance, and the |
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25 | 25 | | time within which the owner is required to docomplete the work, which may not be |
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26 | 26 | | fewer than two years and six months from the date of the notice. |
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27 | 27 | | 3.The work must be donecompleted to the satisfaction of the street commissioner or city |
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28 | 28 | | engineer. |
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29 | 29 | | 4.The notice may be general as to the owner of record or occupant but must be specific |
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30 | 30 | | as to the description of the lot or parcel of ground to be benefited by the sidewalk that |
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31 | 31 | | is to be built or repaired. The street commissioner or city engineer shall serve suchthe |
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32 | 32 | | Page No. 1 25.1006.01000 |
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33 | 33 | | HOUSE BILL NO. 1513 |
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57 | 57 | | 23 Sixty-ninth |
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58 | 58 | | Legislative Assembly |
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59 | 59 | | notice by certified mail or by delivering a copy thereofof the notice to the occupant or |
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60 | 60 | | owner of record of each lot or parcel of occupied land described in the notice, or as to |
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61 | 61 | | the occupant by leaving a copy thereofof the notice at the dwelling house upon suchon |
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62 | 62 | | the lot or parcel of land with some personan individual over the age of fourteen years |
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63 | 63 | | residing thereinwho resides at the dwelling house. If any lot or parcel of land is not |
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64 | 64 | | occupied and service by mail is deemed impractical, the commissioner or city engineer |
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65 | 65 | | may serve the notice by posting a copy thereofof the notice in a conspicuous place |
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66 | 66 | | therein or immediately in front thereofof the lot or parcel of land. |
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67 | 67 | | 5.If sucha sidewalk is not repaired within the time fixed in suchthe notice, the street |
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68 | 68 | | commissioner or city engineer, as soon as practicable, shall repair the samesidewalk |
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69 | 69 | | and certify the cost thereofof the repair, with the person's return of service of the |
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70 | 70 | | notice, to the city auditor, and the cost of suchthe repairs must be paid out of the |
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71 | 71 | | sidewalk special fund. |
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