§ 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)

§ 90.99 PENALTY.

   (A)   Any person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who intentionally does not perform any legal duty relating the removal of a public nuisance, may be punished by not more than 30 days in jail or a fine not to exceed $500 or both.

   (B)   It shall be a violation for any person who has been served with personal notice by a law enforcement agency concerning the condition of such person’s property to fail to abate the public nuisance within 60 days of receipt of the personal notice.

Penalty, see § 10.99

Statutory reference:

   Maximum penalty, see SDCL §§ 9-19-3and 22-6-2(2)