§ 31-15-703 — Improvements - petition - construction

(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 31-15-704. 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.

Legislative History

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