(A) General. No person, whether an owner, occupant, tenant, or other person in charge of any real property within the corporate limits of the city shall create, commit, maintain, or permit to be created, committed, or maintained, any public nuisance, to include, without limitation, the following specific acts, conditions, and things, each and all of which are hereby declared to constitute a nuisance:
(1) Maintaining or permitting to be maintained on any private or public property any abandoned property or unsightly trash or junk, abandoned vehicle, inoperable vehicle, or parts thereof. It shall be unlawful to keep or place any of such vehicles or vehicle parts:
(a) Upon public streets or property, except on an emergency basis;
(b) Upon the private property of any person owning, in charge of, or in control of any real property within the city, whether as an owner, tenant, occupant, lessee or otherwise, for longer than 14 days unless it is within a fully enclosed building or structure. A carport, tarpaulin, tent, or other similar temporary structure shall not be deemed to satisfy the requirements of this section; and
(c) In no event shall an inoperable vehicle that constitutes an imminent health, safety, or fire hazard be kept or located on any real property.
(2) The requirements of division (A)(1) above shall not apply to the following:
(a) One inoperable vehicle kept on private property without being shielded from public view if licensed and kept on a private driveway. If this inoperable vehicle is in a state of externally visible disrepair or disassembly, it shall not be kept on the private driveway longer than 14 days;
(b) Filling stations, automobile repair shops, or any other motor vehicle related businesses in compliance with applicable city ordinances may place inoperable vehicles being repaired or offered for sale on the premises;
(c) Junkyards operated and maintained in compliance with applicable city ordinances;
(d) One vehicle specifically designed and used for operation on drag strips or raceways that remains on private property; and
(e) Any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city or authorized by the city.
(B) Removal of abandoned or inoperable vehicles. Whenever the city or any law enforcement officer for the city finds an abandoned or inoperable vehicle on public property within the city, a written notice shall be placed on the vehicle that it will be removed to a garage or place of safety, unless the owner removes the vehicle from public property within 24 hours of the giving of the notice. After the expiration of the 24-hour period, the vehicle may be removed by a removal agency to a garage or place of safety. Nothing in this section precludes the city or any law enforcement officer for the city from immediately removing a vehicle that constitutes an imminent health, safety, or fire hazard.
(C) Disposition of unclaimed vehicles. The removal agency shall have the rights and obligations conferred upon it by SDCL Chapter 32-36 in regard to titling or disposition of such unclaimed, abandoned, or inoperable vehicle, except that, if not otherwise provided by state law, it shall have a possessory lien upon any vehicle removed under provisions for this section for the costs or reasonable charges in taking custody of and storing such vehicles.
(D) Duty of private property owners. No person owning, in charge of, or in control of any real property within the city, whether as owner, tenant, occupant, lessee, or otherwise shall allow any abandoned or inoperable vehicle of any kind to remain on such property longer than 14 days.
(E) Notice procedure. A written notice shall be placed on the abandoned or inoperable vehicle by the city or by any law enforcement officer for the city requesting the removal of such motor vehicle in the time specified in this section. Written notice shall also be placed on the front door of any dwelling located on the private property requesting the removal of such motor vehicle in the time specified in this section. In the event the owner and the occupant or tenant of the real property are not the same person, written notice shall be given to the owner by certified mail requesting the removal of such motor vehicle in the time specified in this section. In the event the private property is not occupied, written notice shall be given to the owner by certified mail requesting the removal of such motor vehicle in the time specified in this section.
(F) Responsibility for removal. Upon notice having been given, the owner of the abandoned or inoperable vehicle and the owner or occupant of the private property on which the vehicle is located, either or all of them, shall be responsible for its removal.
(G) Content of notice. The notice in division (E) above shall request removal of the abandoned or inoperable vehicle within 14 days after the date of the posting or mailing of such notice, and the notice shall advise that failure to comply with the notice to remove shall be a violation of this section, that the city may take steps to abate the same, and that in addition to abatement directly or by civil action, the city may pursue criminal fines and penalties against the owner, occupant, tenant, or other person in charge of the real property as provided in this subchapter.
(Ord. 581, passed 4-9-2007) Penalty, see § 95.99
Statutory reference:
Related provisions, see SDCL § 9-32-1