If a city governing board wishes to enforce sidewalk snow removal, it must follow a specific statutory process to ensure the costs can be legally recovered via special assessments.
1. Establish the Ordinance
The city must first have an ordinance in place that identifies the property owner as the party responsible for the removal of snow and ice from abutting sidewalks. This ordinance should define the timeframe (e.g., 24 hours after a snowfall ceases) and the manner in which the snow must be cleared.
2. City Intervention
The ordinance should also provide, if a property owner fails to comply with the ordinance, the city is authorized to remove the snow and ice itself. The necessary expense of this work is then charged against the abutting property (NDCC 40-29-18).
3. Assessment and Reporting
The financial recovery process follows an annual calendar:
• By May 1st: The street commissioner must file a snow and ice removal list with the city auditor, showing the amount chargeable and assessed against each lot and stating the name of the owners of each lot.
• At June Regular Meeting: The city governing body holds a on the snow and ice list.
• Public Notice: The city auditor must publish a notice of this hearing in the official newspaper once a week for two consecutive weeks.
o Note: The final publication must occur at least eight days before the hearing date. (NDCC 40-29-19)
4. Hearing and Appeals
During the June meeting, the governing body hears any objections from property owners regarding the snow and ice removal assessments. The board has the authority to make corrections to the list before officially confirming it (NDCC 40-29-19).
5. Certification to the County
Once confirmed, the city auditor attaches a certificate of correctness to the list. This must be certified—along with other special assessments—to the county auditor. (NDCC 40-29-20).
(February 2026)