Permitting noxious weeds to exist or grow on any private property or vacant lot constitutes a nuisance.
Noxious weeds shall include, but not be limited to, the following: leafy spurge, Canada thistle, perennial sow thistle, hoary cress, Russian knapweed, purple loosestrife, saltcedar, st. johnswort, spotted knapweed, black henbane and common tansy. Also considered noxious weeds shall be those specifically stated as such by the South Dakota Department of Agriculture and Custer County.
The owner, tenant, or any person responsible for yard maintenance of said private property or vacant lot shall be responsible for removal of said noxious weeds. This responsibility shall include any public right-of-way adjacent to such property or vacant lot. No criminal penalty or billing shall be imposed under this section unless the city causes notice to be given to the owner, tenant or person responsible for such property that has noxious weeds to be removed within seventy-two (72) hours of receiving notice. City personnel shall either hand-deliver to the property owner or tenant of, or person responsible for, such property notification that they are in violation of this section, giving them seventy-two (72) hours to comply herewith, or mail such notice by certified mail, return receipt requested.
Any person violating any of the provisions of this section shall be subject to both criminal and civil sanctions. The city may proceed criminally for a violation of this section, with a maximum punishment as provided by ordinance for each day the violation exists, and/or the city may cause the property to be sprayed and bill the cost and expenses of such spraying to the property owner. In the event that such bill is not paid within thirty (30) days, said cost shall be assessed against the property. (Ord. 712 (part), 2012; Ord. 684, 2011; Ord. 585 (part), 2003)