(A) Administration and enforcement. An administrative official or Board designated by the Town Board shall administer and enforce this chapter. They will be provided with the assistance of such other persons as the Town Board may deem necessary, such as the police force, Building Inspector, and the like for the successful enforcement of this chapter. Should the governing body find that any of the provisions of this chapter are being violated, they shall notify, in writing, the party or parties responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct the violation. They shall order discontinuance of illegal use of land; removal of illegal buildings, or structures, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violations of its provisions. Before any inspections or work is begun, all contractors, carpenters, plumbers, gas/propane installers, or electricians shall pay an annual application fee to the town, as stated in the fee schedule, and provide proof of state certification and liability insurance.
(B) Board of Adjustment.
(1) In lieu of appointing a Board of Adjustment, the Town Board may act as and perform all the duties and exercise the powers of such Board of Adjustment as provided in SDCL § 11-4-24.
(2) The governing body, except as otherwise provided in SDCL § 11-4-24, shall provide for the appointment of a Board of Adjustment. Should the governing body elect not to comply with 1967 SDCL § 11-4-24, and then the governing body will appoint a Board of Adjustment which shall consist of five members, each residents of the town, who are not members of any governing body. Each member is appointed for a term of three years and removable for cause by the governing body upon written charges and after public hearing. Vacancies shall be filled for the unexpired term only.
(3) The Board shall elect a Chairman and Secretary from its membership, and shall prescribe rules for the conduct of its affairs. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine at a fixed time and place. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent of failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. It shall have power to call on any other departments for assistance in the performance of its duties, and it shall be the duty of such other departments to render all such assistance as may be reasonably required. In the case of all appeals, the Board shall call upon the governing body for all information pertinent to, and their recommendations.
(4) Powers of the Board of Adjustment. The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses, and in the furtherance of their duties shall have the following powers:
(a) The Board shall have the power to hear and decide appeals wherein it is alleged there is an error in any order, requirement, decision, or determination of this chapter made by the governing body;
(b) To hear and decide variances to the terms of this chapter when such variances are allowed by this chapter; and
(c) To authorize upon appeal in specific cases such variance from terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed as substantial justice done.
(5) Appeals procedures to the Board.
(a) The governing body shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this chapter.
(b) Appeals to the governing body may be submitted by any person aggrieved by any decision of the governing body. Such appeal shall be submitted within 60 days, as provided by the rules of such body, by filing it with the governing body. The appeal shall specify the grounds thereof. The governing body shall forthwith transmit to the City Council all the papers constituting the record upon which the action appealed was taken from.
(c) An appeal to the governing body stops all erection, construction, enlarging, moving, or demolishing in the action appealed, unless the governing body files a certificate that, by reason of facts stated in the certificate, a discontinuance would in his opinion cause imminent peril to life or property. In such case proceedings shall not be stopped otherwise than by a restraining order, which may be granted by the governing body or by a court of record, on application, on notice to the governing body, and on due cause shown.
(d) The governing body shall fix a time for the hearing of the appeal within 60 days of submission of such appeal, give public notice thereof, as well as due notice to the parties in interest and decide within 30 days of the hearing. Upon the hearing any party may appear in person or by agent or by an attorney.
(e) In exercising the powers mentioned, the governing body may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the governing body from whom the appeal is taken.
(f) The concurring vote of four members of the governing body shall be necessary to reverse any order, requirement, decision, or determination of the governing body or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.
(C) Governing body. The governing body shall:
(1) Establish such rules of procedure as are necessary to the performance of its functions hereunder;
(2) Review and give final decision on all applications for uses permitted on review in accordance with § 155.55 and this section; and
(3) Study and report on all proposed amendments to this chapter; further to review annually this chapter and on the basis of such review, suggest amendments thereto.
(Ord. 10.6, passed 3-17-2009)