ADMINISTRATION AND ENFORCEMENT

§ 90.35 NOTICE TO OWNER OF NUISANCE.

   (A)   If any nuisance, source of filth, cause of sickness or condition which endangers the public health is found on any property, the county health officer shall, by written notice served personally or by mail upon the property owner, describe the nuisance or condition found to exist and any corrective action to be taken by the owner of the property.

   (B)   The written notice shall inform the owner of the property that he or she shall either take the stated corrective action or file a written request for hearing within 30 days from the date of service of the notice.  The notice shall further state if the owner fails to comply with the requirements of the notice, the health officer shall proceed to have the nuisance or condition complained of abated at the expense of the property owner.

(SDCL § 34-16-19)

§ 90.36 FAILURE TO COMPLY WITH NOTICE; REMOVAL OF NUISANCE; COSTS.

   If an owner of property fails to comply with the requirements of a notice served pursuant to SDCL § 34-16-19, the health officer shall proceed to have the nuisance, source of filth, cause of sickness or condition which endangers the public health removed from the property or abated and report the cost of the removal or abatement to the municipality.  The cost of such removal or abatement shall be assessed and charged against the property on which the nuisance or condition was located in the manner that other taxes are collected.

(SDCL § 34-16-20)

§ 90.37 HEARING; TIME; ISSUANCE OF ORDER; APPEAL.

   Any hearing requested pursuant to SDCL § 34-16-19 shall be held during an open session of the governing body and shall be held no later than 45 days after filing the request for hearing. Following hearing, the governing body shall issue an appropriate order, including a statement of any corrective action which the board deems necessary. A decision of the governing body may be appealed to the circuit court in accordance with the provisions of SDCL Chapter 7-8.

(SDCL § 34-16-21)

§ 90.38 ABATEMENT OF NUISANCE, NOTICE REQUIRED, TAXING COST OF ABATEMENT, CIVIL ACTION.

   A public nuisance may be abated without civil action by any public body or officer as authorized by law.  Any municipality may defray the cost of abating a public nuisance by taxing the cost thereof by special assessment against the real property on which the nuisance occurred.  If the nuisance abated is an unsafe or dilapidated building, junk , trash, debris, or similar nuisance arising from the condition of the property, the municipality may commence a civil action against the owner of the real property for its; costs of abatement in lieu of taxing the cost by special assessment.

(SDCL § 21-10-6)