Nuisance(s) will be identified as a nuisance by a majority of members at any Board of Trustees meeting unless the nuisance requires immediate emergency action, then a consensus of three or more Board of Trustees members is sufficient.
(A) A notice of nuisance will be sent to offending property owner(s).
(1) The notice shall be sent by certified mail to the last known address of the property owner or notice will be given by personal service.
(2) Whenever the owner or agent is not known or cannot be found or his or her last known post office address is unknown, a copy of such notice will be posted on the premises where the nuisance exists. After the notice has been posted on the premises for 14 consecutive days, proper notice of the nuisance will have been given to the property owner.
(B) The offending property owner has 30 days to voluntarily abate, fix, or remove the nuisance at the owner’s expense upon notice. Nuisances that create an immediate emergency or imminent threat to the town must be voluntarily abated within 24 hours of notice.
(1) If the property owner fails to abate, fix, or remove the nuisance within 30 days after receiving notice, the town can pursue any legal process or remedy allowed by the laws of the state, including a civil action against the property owner, resident, or tenant. Also, the town may enter the property after 30 days notice to clean up, abate, or remove the nuisance and assess the property for the cost to clean up, abate, or remove the nuisance by special assessment against the property or lot as authorized by SDCL § 21-10-6.
(2) If the offending nuisance is so dangerous as to create an immediate emergency, the offending nuisance property owner or tenant will be given 24 hours to abate the nuisance before the town can abate the nuisance. Three or more Board of Trustees members can identify such an emergency nuisance. An emergency nuisance is a nuisance that is so dangerous that it substantially endangers the community and must be immediately abated or removed to prevent imminent harm to the community.
(2008 Code, § 7.2.3)