25.1006.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives VanWinkle, Koppelman, Brandenburg, Hauck, Hendrix, Morton, Heilman,
Dockter, Rohr, Nehring
Senators Paulson, Wanzek
A BILL for an Act to amend and reenact section 40-29-03 of the North Dakota Century Code,
relating to the notice to construct, rebuild, or repair sidewalks.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 40-29-03 of the North Dakota Century Code is
amended and reenacted as follows:
40-29-03. Notice to construct, rebuild, or repair sidewalks.
1.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 or parcel of land that would be benefited by the sidewalk to
construct, rebuild, or repair the samesidewalk at the owner's own expense and subject
to the approval of the street commissioner or city engineer, within the time designated
in the notice.
2.The notice must be directed in the manner hereinbefore provided to the owner of
record or occupant and must set forth whatstate the work isrequired to be
donecompleted, the character of the samework as specified in the ordinance, and the
time within which the owner is required to docomplete the work, which may not be
fewer than two years and six months from the date of the notice.
3.The work must be donecompleted to the satisfaction of the street commissioner or city
engineer.
4.The notice may be general as to the owner of record or occupant but must be specific
as to the description of the lot or parcel of ground to be benefited by the sidewalk that
is to be built or repaired. The street commissioner or city engineer shall serve suchthe
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HOUSE BILL NO. 1513
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23 Sixty-ninth
Legislative Assembly
notice by certified mail or by delivering a copy thereofof the notice to the occupant or
owner of record of each lot or parcel of occupied land described in the notice, or as to
the occupant by leaving a copy thereofof the notice at the dwelling house upon suchon
the lot or parcel of land with some personan individual over the age of fourteen years
residing thereinwho resides at the dwelling house. If any lot or parcel of land is not
occupied and service by mail is deemed impractical, the commissioner or city engineer
may serve the notice by posting a copy thereofof the notice in a conspicuous place
therein or immediately in front thereofof the lot or parcel of land.
5.If sucha sidewalk is not repaired within the time fixed in suchthe notice, the street
commissioner or city engineer, as soon as practicable, shall repair the samesidewalk
and certify the cost thereofof the repair, with the person's return of service of the
notice, to the city auditor, and the cost of suchthe repairs must be paid out of the
sidewalk special fund.
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