(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
AGGRAVATED PUBLIC NUISANCE. A residential property where the manager(s), owner(s) or occupant(s), including invitees, conduct, permit, allow, authorize, commit, or are convicted of the following offenses or violations on the premises within a 365-day period:
(a) Two or more felonies (as defined by SDCL 22-1-4);
(b) Two or more state or federal criminal offenses related to the illegal sale, possession or manufacture of any controlled drug or substance, marijuana or counterfeit substance (as defined by SDCL 22-42-1);
(c) Three of more separate incidents in which the following offenses occur (as defined by state criminal or city code):
1. Disorderly conduct;
2. Assault;
3. Vandalism or malicious mischief;
4. Domestic violence;
5. Minor in possession; or
6. Unlawful use of weapons;
(d) Three or more violations of § 90.01;
(e) Three or more violations of § 90.15;
(f) Three of more violations of § 90.16;
(g) Three or more violations of § 90.35;
(h) Three or more violations of § 90.50, (SDCL 9-29-13); or
(B) Violation. Any property manager or owner who negligently, knowingly, or recklessly allows or permits a property or any part thereof to become an aggravated public nuisance shall be subject to appear at a nuisance abatement conference with the City Manager or designee and other concerned parties.
(1) Written notice of aggravated public nuisance. Before the filing of a complaint alleging a violation of this section, the city shall, by certified mail, provide the manager or owner of the property at which the aggravated public nuisance is located, written notice of the following:
(a) That an aggravated public nuisance, as defined by this section, exists at the location specified in the notice. The notice shall also include a list of specific violations committed and the date they were committed;
(b) That the manager or owner of that property has 10 days from the mailing of the notice to schedule and appear at the location provided for in the notice for a nuisance abatement conference with the City Manager or designee to discuss the facts constituting the aggravated public nuisance and to enter into a written agreement to take action to abate the nuisance; and
(c) That failure to appear at the nuisance abatement conference within the time frame indicated by the notice may result in the City Attorney or Prosecuting Attorney filing a complaint alleging a violation as an aggravated public nuisance under this section.
(2) Nuisance abatement written agreement.
(a) A follow up meeting shall be conducted within 10 days of the initial conference for submittal and review of the completed proposed abatement written agreement.
(b) Any agreement under this section shall include a list of specific actions and a specific schedule of deadlines for the actions to abate the aggravated public nuisance. It may also include provisions for a periodic reassessment of the agreement’s effectiveness, and procedures for a modification of the agreement.
(c) A nuisance abatement agreement or any written modification to that agreement may impose 1 or more of the following conditions or requirements on the property owner for a period of up to 24 months from the date of the original agreement:
1. Eviction of identified individuals from the property in question.
2. Written notification from the property owner or manager to an identified individual or individuals that they are prohibited from entering onto the property that is the location of the aggravated public nuisance.
3. Utilization of written leases containing a provision or provisions requiring eviction for unlawful activity.
4. The completion of improvements upon the property which have the impact of mitigating crime, including but not limited to the erection of fences, installation of security devices upon entrances, removal of weeds, cutting of grass, providing documentation for vehicles, or increased lighting.
5. Any other reasonable condition or requirement designed to abate the aggravated public nuisance.
(d) Once a proposed written nuisance abatement plan or written modification to a nuisance abatement plan has been submitted to the property owner or manager, the property owner or manager shall have 48 hours to review it and enter into the agreement by signing it and returning it to the city or Prosecuting Attorney.
(C) Filing a complaint. The city or Prosecuting Attorney may file a compliant alleging a violation of this section under the following circumstances:
(1) The property owner or manager does not schedule and attend a conference with the city within the time described previously.
(2) The property owner or manager fails or refuses to sign a proposed written nuisance abatement agreement or proposed written modification to that agreement within the prescribed time period set forth in this section.
(3) The property owner or manager subsequently fails or refuses to comply with any conditions or requirements set forth in a written nuisance abatement agreement, including any prescribed deadlines for taking particular actions.
(D) Action to abate; penalties. In addition to prosecution of the offense defined in this section or pursuing any other remedies available under this code, the city or Prosecuting Attorney, upon receipt of reliable information that any real property within the city limits is being maintained as an aggravated public nuisance, may prosecute an action for equitable relief, in the name of the city, to abate the nuisance and to enjoin any person who shall own, rent, or occupy the real property or dwelling in question from using or permitting its use in violation of the provisions of this section.
(E) Judgment. No judgment finding a violation of this section shall be entered against an owner if an owner or his or her agent has, in good faith, endeavored to prevent the nuisance. An owner or agent who has complied with all conditions of the requirements of a nuisance abatement agreement and any modifications to that agreement, as defined by this section, shall be deemed to have endeavored in good faith to mitigate the nuisance.
(F) Remedies. Upon a finding of guilt under this section, the court may, in addition to other remedies permitted by the code, impose a term of court supervision or conditional discharge for a term of up to 3 years, conditioned on any or all of the following:
(1) The completion of improvements upon the property which have the impact of mitigating crime and criminal activity, including but not limited to the erection of fences, installation of security devices, or increased lighting.
(2) Requirement of a written lease for occupants which includes provisions requiring eviction for criminal activity.
(3) Submitting tenancy lists on a periodic basis to the Police Department.
(4) Posting a cash bond of no less than the minimum fine and up to the amount of the maximum fine for the period of court supervision or conditional discharge imposed by the court, such bond to be retained by the court and conditioned on successful completion of the period of the court supervision on conditional discharge.
(5) Any other condition reasonably related to the objective of abating the aggravated public nuisance.
(Ord. 1191, passed 9-2-2008)
Cross-reference:
Declaration of dwelling units unfit for rental occupancy by noncompliance with nuisance abatement agreement, see § 94.08