§ 92.16 VARIANCE OF BUILDING MAINTENANCE TO CONSTITUTE NUISANCE.

   (A)   It is unlawful for any person owning, leasing, occupying, or having charge or possession of any buildings or premises in the city to keep or maintain such buildings or premises in a manner which is at variance with and inferior to the level or maintenance of surrounding properties.

   (B)   The following condition or conditions constitute such a variance and are declared a public nuisance:

      (1)   Buildings which are abandoned, boarded up, partially destroyed, or partially constructed and uncompleted subsequent to the expiration of building permit;

      (2)   Buildings with deteriorating or peeling paint that allows the exterior building coverings to deteriorate or to permit the effects of sun and water penetration so as to encourage decay, dry rot, warping, and cracking;

      (3)   Buildings with broken windows, doors, attic vents, and under-floor vents;

      (4)   Overgrown vegetation which is unsightly and/or likely to harbor rats or vermin;

      (5)   Dead, decayed, or diseased trees, weeds, and other vegetation;

      (6)   Trash, garbage, or refuse cans, bins, boxes, bags, or other such containers permanently stored in front yards visible from public streets;

      (7)   Lumber, junk, trash, tires, debris, or salvage materials maintained upon any other household fixtures or equipment stored so as to be visible at ground level from any public alley, street, or adjoining premises;

      (8)   Abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, or other household fixtures or equipment stored so as to be visible at ground level from any public alley, street, or adjoining premises;

      (9)   Premises having a topography, geology, or configuration which as a result of grading operations or improvements to the land causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems as to pose a threat to or be injurious to adjacent premises, streets, or alleys;

      (10)   Abandoned, wrecked, dismantled, or inoperative trailers, campers, boats, and other motor vehicles which are accumulated or stored in yard areas;

      (11)   Building exteriors, walls, fences, driveways, or walkways which are cracked, broken, defective, deteriorated, in disrepair, or defaced; and

      (12)   Any like or similar condition or conditions.

(Prior Code, § 8.24.060) (Ord. 03-1, passed - -) Penalty, see § 92.99

§ 92.17 ABATEMENT.

   It is unlawful for any person to do any act or conduct any business or keep any house, room, or building in the city for or any purpose which, by act of the Legislative Assembly of the state or ordinance of the city, is declared to be a nuisance, and all such nuisances may be abated by appropriate proceedings according to law.

(Prior Code, § 8.24.020) Penalty, see § 92.99

WEEDS

§ 92.30 NOXIOUS WEEDS DESIGNATED.

   (A)   The following weeds and plants are declared to be noxious weeds and are declared to be nuisances: ragweed, thistles, wild sunflower, goldenrod, cockleburr, sandburr, wild oats, wild mustard, wild lettuce, wild salsify, pig weed, wild firebush, and all other useless weeds suffered or allowed to grow during the growing season.

   (B)   The following weeds are declared to be noxious statewide:

      (1)   Absinth wormwood;

      (2)   Canada thistle;

      (3)   Hoary cress;

      (4)   Leafy spurge;

      (5)   Perennial sow thistle;

      (6)   Purple loosestrife; and

      (7)   Salt Cedar.

(Prior Code, § 8.20.010) Penalty, see § 92.99

§ 92.31 REGULATIONS AND MAINTENANCE.

   It shall be the duty of the occupant, person in charge, or the owner of any lot or parcel of land in the city to keep such weeds and plants mentioned in § 92.30 cut at such times as necessary to prohibit the growth and bearing seed of such weeds or plants. The Chief of Police or other person in charge of streets and alleys in the city shall, in like manner, destroy all such weeds being and growing in the streets and alleys of the city.

(Prior Code, § 8.20.020)

§ 92.32 EXPENSES.

   If the owner, occupant, or person in charge of any lot or lots shall fail or neglect to destroy any such weeds or noxious vegetation, as aforesaid, growing upon any such lot or lots, the Chief of Police or some other person under his or her direction shall, within ten days after notice to the owner, occupant, or person in charge, cause the work to be done and report the expense to City Council for collection of the same from owner, occupant, or person in charge or by special assessment against the property benefitted.

(Prior Code, § 8.20.030)

§ 92.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   (1)   Any person who maintains, commits, or fails to abate a public nuisance (as required under the provisions of §§ 92.01 through 92.04 and 92.15 through 92.17) shall be subject to a maximum penalty of 30 days in jail or a $200 fine or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

      (2)   In addition, the city may also use the remedies of civil action and abatement as set forth in SDCL §§ 21-10-5 through 21-10-9.

(Prior Code, § 8.24.070) (Ord. 03-1, passed - -)

Statutory reference:

   Related provisions, see SDCL §§ 21-10-5 through 21-10-9