Section
40.001 Statement of purpose and intent
40.002 Definitions
40.003 General enforcement authority
40.004 Authority to inspect
40.005 Administrative citations
40.006 Administrative citation procedures
40.007 Appeal
40.008 Administrative citation penalties assessed
40.009 Failure to appeal or pay administrative citation penalties
40.010 Remedies not exclusive
40.999 Penalty
Cross-reference:
General code penalty, see § 10.999
(a) The city has determined that the enforcement of the city’s Code is an important public service and is vital to the protection of the public’s health, safety and welfare.
(b) The city has determined that there is a need for alternative methods of comprehensive code enforcement using both administrative and judicial remedies.
(c) The city has also determined that because life-safety issues may be regulated through an administrative enforcement process, penalties for violation should be enhanced.
(1992 Code, § 2-110) (Ord. 26-02, passed 4-8-2002)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE CODE ENFORCEMENT REMEDIES. Administrative citations and civil penalties as contained in this article.
CIVIL PENALTY. The administrative civil penalty assessed and all costs incurred by the city from the first discovery of the violations until compliance is achieved. It includes, but is not limited to, staff time and expense in inspecting the property, sending notices, preparing reports and files.
CODE ENFORCEMENT OFFICER. Any city employee or agent of the city with the authority to enforce any provision of this Code and issue notice of violations or administrative citations.
RESPONSIBLE PARTY. Any person or persons in charge of the premises or location, or the person or persons responsible for the event or incident, and includes any of the following:
(1) The person or persons who own the property where the violation exists;
(2) The person or persons in charge of the premises where the violation exists;
(3) The person or persons using the premises when the violation exists;
(4) If any of the above is a minor, a parent or guardian of the minor shall be the responsible party; and
(5) If any of the above is a business entity, the manager or on-site supervisor where the violation exists.
ROLLING 12-MONTH PERIOD. Any 12 consecutive months following a violation.
(1992 Code, § 2-111) (Ord. 26-02, passed 4-8-2002)
For the purposes of this subchapter, any code enforcement officer may issue notices of violation and administrative citations, inspect public and private property, and enforce any available administrative and judicial remedies.
(1992 Code, § 2-112) (Ord. 26-02, passed 4-8-2002)
Code enforcement officers may enter upon any property and make any examination and surveys necessary to perform their enforcement duties. Inspections may include the taking of photographs, samples or other physical evidence. If an owner, occupant, or agent refuses permission to enter to inspect, the code enforcement officer may seek an administrative inspection warrant pursuant to the procedures provided for in South Dakota Codified Laws.
(1992 Code, § 2-113) (Ord. 26-02, passed 4-8-2002)
(a) Any person violating any provision of this Code for which a civil penalty may be assessed may be issued an administrative citation by a code enforcement officer as provided for in this article.
(b) A continuing violation of this Code constitutes a separate and distinct violation each day that the violation exists.
(c) A civil penalty shall be assessed by means of an administrative citation issued by the code enforcement officer and shall be payable directly to the city.
(d) Penalties assessed by an administrative citation shall be collected in accordance with the schedule of civil penalties.
(1992 Code, § 2-114) (Ord. 26-02, passed 4-8-2002)
Loading...