§ 40.003 GENERAL ENFORCEMENT AUTHORITY.

   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)

§ 40.004 AUTHORITY TO INSPECT.

   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)

§ 40.005 ADMINISTRATIVE CITATIONS.

   (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)

§ 40.006 ADMINISTRATIVE CITATION PROCEDURES.

   (a)   A code enforcement officer may issue an administrative citation to a responsible party as described in this chapter. The citation shall be on forms approved by the city.

   (b)   If the responsible party is not an individual, the code enforcement officer shall attempt to issue the owner an administrative citation. If the owner cannot be located, the administrative citation may be issued in the name of the entity and given to a manager or on-site supervisor. A copy of the administrative citation shall also be mailed to the owner.

   (c)   The responsible party shall sign the administrative citation. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation.

   (d)   If the code enforcement officer cannot locate a responsible party, the administrative citation may be mailed to the responsible party as prescribed in division (b) above.

   (e)   If no one can be located at the property, the administrative citation may be posted in a conspicuous place on or near the property and a copy subsequently mailed to the responsible party as provided in division (b) above.

   (f)   The failure of any responsible party to receive notice shall not affect the validity of any proceedings taken under this chapter.

(1992 Code, § 2-115) (Ord. 26-02, passed 4-8-2002; Ord. 28-04, passed 3-1-2004)

§ 40.007 APPEAL.

   Any administrative citation issued pursuant to this article may be appealed pursuant to §§ 30.040 through 30.046.

(1992 Code, § 2-116) (Ord. 26-02, passed 4-8-2002)

§ 40.008 ADMINISTRATIVE CITATION PENALTIES ASSESSED.

   (a)   Any civil penalties assessed shall be payable to the city within ten days from the date of the administrative citation.

   (b)   Payment of the civil penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.

   (c)   If the responsible party fails to correct the violation, subsequent administrative citations may be issued for the same violations. The amount of the civil penalty shall increase at a rate specified in ordinance.

(1992 Code, § 2-117) (Ord. 26-02, passed 4-8-2002)

§ 40.009 FAILURE TO APPEAL OR PAY ADMINISTRATIVE CITATION PENALTIES.

   The failure of any person to file a timely appeal or pay the civil penalties within the time specified on the citation shall constitute an irrebuttable presumption that a violation has occurred. It may result in the city attorney filing legal proceedings in magistrate or circuit court. Alternatively, the city may pursue any other legal remedy available to collect the civil penalty or correct the violation of city ordinance.

(1992 Code, § 2-118) (Ord. 26-02, passed 4-8-2002)

§ 40.010 REMEDIES NOT EXCLUSIVE.

   The procedures established in this chapter are in addition to other legal remedies established by law which may be pursued to address violations of this Code. The use of this chapter shall be at the sole discretion of the city.

(1992 Code, § 2-121) (Ord. 26-02, passed 4-8-2002)

§ 40.999 PENALTY.

   (a)   The following schedule lists the code provisions for which civil penalties may be cited under this chapter.

Code Provisions Applicable
Chapter/Section No.	Title
50.001—53.025	Utilities
55	Electrical Code
57	Garbage and Recycling
76.082	Vehicles on Parkways or Sidewalks
77.009	Parking of commercial vehicles or materials prohibited
90	Animals and Fowl
91	Fire Protection and Prevention
92	Health and Sanitation
93.001—93.011	Noise Control
93.025—93.035	Abandoned, Wrecked, Dismantled or Inoperative Motor Vehicles
94	Forestry
96	Streets and Sidewalks
96.238	Right-of-Way Permits
110	Licenses
112	Food and Food Handlers
117	Peddlers and Vendors
118	Escort Services
120	Pest Control
121	Medical Cannabis Regulations
122	Tattooing
124	Vehicles for Hire
150	Building
	Residential Code for One and Two-Family Dwellings
	Building Code
	Mechanical and Fuel Gas Code
	Building Security
	Property Maintenance Code
	Manufactured Housing
	Residential Building Contractors
	Vacant Buildings
	Rental Housing
151	Historic Preservation
152	Manufactured Homes
155	Signs and Outdoor Advertising
156	Floodplain Management
157	Subdivisions
160	Zoning

 

(1992 Code, § 2-119)

   (b)   Not withstanding the provisions of section § 10.999 of this Code, the civil penalties within any rolling 12-month period shall be as follows:

 

First violation	$100
Second violation	$200
Third or subsequent violation	$300

 

(1992 Code, § 2-120)

(Ord. 26-02, passed 4-8-2002; Ord. 111-03, passed 11-17-2003; Ord. 112-03, passed 11-17-2003; Ord. 28-04, passed 3-1-2004; Ord. 56-15, passed 6-9-2015; Ord. 106-21, passed 9-7-2021)