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(A) Any person who disagrees with the determination of a violation by the Code Enforcement Coordinator or Code Enforcement Officer and/or agent shall have the right to have the Public Safety Commissioner review the decision.
(B) The process shall be as follows.
(1) An aggrieved person shall first file a written request for review with the Code Enforcement Coordinator setting forth the basis for which he or she believes the decision that a violation exists to be in error. The writing shall also include the person's name and mailing address.
(2) Upon receipt of the written request for review, the Code Enforcement Coordinator shall notify the Public Safety Commissioner.
(3) The Public Safety Commissioner shall have 30 days to review the case and give his or her decision in writing to the landowner.
(Ord. 1.90A, passed 5-15-2014; Ord. 2023-08, passed 7-20-2023)
If the landowner fails to abate the nuisance or request a review from the Public Safety Commissioner within the given time, the city may issue a complaint and summons to the landowner ordering the landowner to appear in court to answer said violation. Each violation may be considered a Class II misdemeanor for each day of violation until the nuisance is abated.
(Ord. 1.90A, passed 5-15-2014)
(A) General.
(1) In lieu of or in addition to the issuance of a complaint and summons to appear in court, for violation of this chapter, the city shall also have the authority to abate said nuisance as set forth in SDCL § 21-10-6.
(2) The Code Enforcement Coordinator or Code Enforcement Officer and/or agent that conducted the investigation shall have the authority to employ a contractor to assist with said abatement.
(B) Immediate abatement required in certain cases.
(1) Nuisance cases involving subjects such as, but not limited to, bonfires, campfires, dead animals, undressed hides, depositing filth, spoiled foods, or similar items which are determined by the Code Enforcement Coordinator or Code Enforcement Officer to be an immediate threat to public health and safety shall be abated immediately, unless it is otherwise dictated by the Code Enforcement Coordinator or Code Enforcement Officer of the city.
(3) In the event the violator refuses to comply with the orders of the city, the city may have the nuisance abated immediately at the owner’s expense.
(4) Nothing in this chapter shall be deemed to interfere with the city’s authority to immediately abate a nuisance that has been determined by the city to be an immediate threat to public health and safety.
(Ord. 1.90A, passed 5-15-2014)
(A) Any related expenses, receipts, and administrative, legal, and/or investigative fees shall be billed to the landowner.
(B) In the event the landowner fails to pay said bill within 30 days, the city’s Finance Officer may file a special assessment on the property with the County Auditor’s office.
(C) In the event 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. 1.90A, passed 5-15-2014)
WEEDS, TREES, BUSHES
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