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HB 1513

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2026 Regular Session Introduced by Bill Boyd and 5 co-sponsors

Clarifies how municipalities must notify owners to repair sidewalks, sets a minimum 2.5-year compliance period, and allows repair costs to be charged to the sidewalk fund if owners

Minority Committee Report: Ought to Pass
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Bill Summary · HB 1513

HB 1513 — North Dakota (2025)

Amends and reenacts NDCC § 40‑29‑03 (notice to construct, rebuild, or repair sidewalks)

Purpose / Intent

The bill updates statutory requirements for municipal notices to property owners and occupants when a municipality determines sidewalks must be constructed, rebuilt, or repaired. It clarifies content and methods of notice, sets a minimum response period for owners to complete work, describes service methods for occupied and unoccupied parcels, and affirms the municipality’s authority to complete the work and charge the cost to the sidewalk special fund.

Key provisions and changes

  • Applicability: Applies when a governing body deems it necessary to construct, rebuild, or repair municipal sidewalks.
  • Notice content: The notice must inform the owner of record or occupant what work is required (as specified by ordinance), describe the lot/parcel affected, and state the time within which the owner must complete the work.
  • Minimum completion period: The completion period provided in the notice may not be fewer than two years and six months (2½ years) from the date of the notice.
  • Approval standard: Work must be completed to the satisfaction of the street commissioner or city engineer.
  • Service methods:
    • Primary: Certified mail to owner of record or delivery of a copy to the occupant or owner.
    • Alternate for occupants: Leaving a copy at the dwelling with an individual over age 14 who resides there.
    • Unoccupied lots: If mail service is impractical, the street commissioner or city engineer may post a copy of the notice conspicuously on or immediately in front of the lot/parcel.
  • Municipality’s remedy if owner does not comply: If the sidewalk is not repaired within the notice period, the street commissioner or city engineer shall (as soon as practicable) repair it, certify the repair cost and proof of service to the city auditor, and the cost is payable from the sidewalk special fund.

Who is affected

  • Property owners of lots/parcels that would be benefited by municipal sidewalks.
  • Occupants of affected properties.
  • Municipal officials: governing body, street commissioner or city engineer, and city auditor.
  • Municipal sidewalk special fund (used to pay costs if the municipality performs repairs).

Procedural / timeline information

  • Introduced: December 4, 2024.
  • Sponsors: Representative M. Shepherd and Senator J. Dismang.
  • Legislative status (as provided): Second reading — failed to pass (yeas 1, nays 88).
  • Additional recorded action: Read first time and referred to committee (per bill text); several procedural entries in the file indicate committee referral and eventual failure to pass (died in committee / failed to advance depending on chamber actions listed).

Potential impacts / notes

  • Clarifies municipal authority and procedures, likely reducing disputes over notice sufficiency and service.
  • The 2½‑year minimum compliance window gives owners a defined and substantial period to perform work.
  • Municipalities may incur administrative workload for service and, where owners fail to act, will incur repair costs payable from their sidewalk special fund; the bill does not create a new revenue source.
  • The text focuses on procedural and timing clarifications rather than substantive new obligations beyond codifying notice content and minimum time to comply.

Compiled from official sources — confirm details with the bill’s official record.

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