Improvements - petition - construction.

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(1) When the owners of sixty percent of the frontage of the lots or lands adjacent to or abutting upon any street or alley or designated portion thereof petition the governing body in writing to construct a sewer, including a storm sewer, in said street or alley or require sidewalks to be constructed along said street or alley or designated portion thereof, it is the duty of the governing body to order said improvement to be made, to assess the cost of said improvement against the lots or lands adjacent to or abutting upon said sidewalk, street, or alley so improved, and to collect the assessment as provided in sections 31-15-401 (1)(d) and 31-15-704.

(2) When the governing body deems it necessary that any sewer, including a storm sewer, should be constructed, it shall construct the same, assess the cost thereof against the adjacent property, and collect the assessment as provided in sections 31-15-401 (1)(d) and 3115-704. When the governing body deems it necessary that any portion of a sidewalk, curb, and gutter be constructed or repaired, it may, on its own motion, order the same to be done, and if not constructed or repaired by the owner upon notice, the municipality may construct or repair the same, assess the costs thereof against the adjacent property owner, and collect the assessment as provided in sections 31-15-401 (1)(d) and 31-15-704.

Source: L. 75: Entire title R&RE, p. 1114, § 1, effective July 1.

Editor's note: This section is similar to former § 31-15-302 as it existed prior to 1975. 31-15-704. Collection of assessments. When the cost of any improvement provided for in sections 31-15-702 (1)(b) and 31-15-703 is assessed against the owners of adjacent or abutting property and the assessment is not paid within thirty days, the clerk shall certify said assessment to the treasurer of the county who shall extend said assessment upon his tax roll and collect it in the same manner as other taxes assessed upon said property.

Source: L. 75: Entire title R&RE, p. 1114, § 1, effective July 1.

Editor's note: This section is similar to former § 31-15-303 as it existed prior to 1975.


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