(A) Remedies against nuisances. The remedies against any nuisance shall be:
(1) A civil action;
(2) Abatement; and
(3) In cases of public nuisance only, the additional remedy of indictment or information as prescribed by the ordinance or by the state’s codified laws, and the rules relating thereto.
(B) Abatement. A public nuisance may be abated without civil action by the City Council or by any officer authorized thereto by law. Any private person may likewise abate a public nuisance which is especially injurious to him or her, or any private nuisance injurious to him or her in a manner by removing, or, if necessary, destroying that which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury. If a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon his or her land, reasonable notice shall be given to him or her before entering to abate it. The city 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. When the nuisance abated is an unsafe or dilapidated building, junk, trash, debris, or similar nuisance arising from the condition of the property, the city 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.
(Ord. 581, passed 4-9-2007)
Statutory reference:
Related provisions, see SDCL §§ 21-10-5, 21-10-6