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The City budgets for Curb and Gutter replacement annually. The landowners may call the City Engineer’s office to have their curb put on the replacement list. The City Engineer will inspect the site and determine whether replacement is necessary. All sites are prioritized and the amount replaced is determined by budget. If tree roots cause the curb and gutter to lift, the landowner must remove the tree prior to curb replacement.
There is not an ordinance that directly deals with a property owner's rights in this situation. It is recommended that the property owners try to work out a mutually beneficial solution between them. Normally a drainage swale can be created on the property between the homes to direct the drainage to the street or backyard and away from structures.
If a solution cannot be worked out to the satisfaction of the property owners, and one property owner feels that they are being damaged by the other property owner, it is a civil matter, which may require appropriate legal counsel to resolve the matter.
There are local Engineering Firms that provide surveying services for private landowners. A list of licensed land surveyors is listed in the Yellow Pages under Surveyors-Land.
The property owner is responsible for the repair and maintenance of sidewalks, by State Law. Any property owner, who fails to maintain their sidewalk in a safe condition is considered negligent in their duties as a property owner, and is liable for injuries which may occur due to its lack of maintenance.
It is further required that property owners or renters of property within the City of Spearfish, shovel the snow from their sidewalk to allow for pedestrian passage.
Traffic signals and traffic signs are installed and maintained by the Streets Department. If you notice that a street light is out or a traffic sign is down, please call 605-642-1333 with the location, and the necessary repair will be made as soon as possible.
The property owner is responsible for all piping and appurtenances, which are not part of the water or sewer main. Problems such as water leaks, broken or inoperable water shut-off, blockages or freezing which occur in the service lines, are the responsibility of the property owner or tenant.