9-243

9-243. Construction of streets and sidewalks;
default of property owner; abatement of assessment; appeal;
definitions

A. The common council may require the proprietor of any block, lot or part of a lot
within the town to construct a sidewalk in front thereof of a width and type of
construction as it may direct, and may by ordinance provide that upon failure of the
proprietor to construct the sidewalk within a time to be prescribed after notice so to do
it may be constructed by the town, and the expense thereof assessed against the block,
lot or part thereof. The council may provide the manner of making the assessment, may
approve the same and provide the manner of collecting the assessment.

B. The council may by ordinance require the proprietor or owner of any property
within the town at the time of the development of the property to construct streets
within and adjacent to the property. If the council determines that such streets are
necessary before the development of the property, the council may order these
improvements to be constructed by the town at its expense and the expense shall be
assessed against the property. The council may provide and approve the manner of
assessing the property at the time of development and provide the manner of collecting
unpaid assessments at the time of development of the property subject to the following
limitations:

1. The assessment of property, if adjacent arterial streets are involved, shall not
exceed the cost of improving more than one-half of the width or more than one thousand
lineal feet of such adjacent arterial street, except that if any parcel of land is
presently being used for single family residential use and the width of such does not
exceed two hundred lineal feet, such property shall not be assessed greater than one-half
the cost of the average residential street within such city or town.

2. The assessment of property shall not exceed the actual expense incurred by the
town at the time of construction.

C. Any assessment under this section shall abate if the property has not been
developed within ten years of the assessment.

D. The determination of necessity by the council resulting in the assessing of
property under this section may be appealed by any aggrieved party to the superior court.

E. As used in this section:

1. "Development" includes construction of residential, commercial or industrial
buildings or structures or major additions or alterations to existing structures and
includes new buildings or structures on property having existing buildings or structures
situated on such property. When such property is zoned for agricultural or single family
residential use at the time of assessment, development shall also require a change of use
or purpose.

2. "Streets" may include asphaltic concrete surfacing, aggregate base, curb and
gutter, valley gutter, concrete sidewalks and tiling of irrigation ditches and storm
drainage facilities if required.