(A) No person shall create, commit, maintain or permit to be created, committed or maintained any nuisance, as defined herein division (C) below, within the city.
(B) The following specific acts, conditions and things are, each and all of them, hereby declared to constitute nuisances:
(1) Depositing, maintaining or permitting to be maintained, or to accumulate upon any public or private property, any household wastewater, sewage, garbage, refuse, rubbish, offal, excrement, decaying fruit, vegetables, fish, meat, bones; any abandoned property; any fowl, putrid or obnoxious liquid substance; putrescible and non-putrescible animal or vegetable wastes or solid wastes or any other waste material which constitutes or tends to create a danger to public health, safety or welfare;
(2) The accumulation of manure, garbage or anything whatsoever which may be breeding areas for flies, mosquitoes or rodents;
(3) Permitting grass or weeds within the city limits to grow over six inches.
(a) It shall be the responsibility of each property owner and/or each occupant to keep and maintain his or her property (including the boulevard along the street out to the curb and the alley, if any adjoining the property) free of tall weeds, grass or other harmful vegetation greater than six inches in height. If any owner or occupant of real estate allows such vegetation to reach six inches, notice shall be given to the owner of such property to remove the growth to bring the property into compliance. After a notice has been sent, the property owner shall have five business days to bring the property into compliance. If the property owner fails to do so within this time limit, the city shall proceed to mow the property and remove weeds where necessary.
(b) Thereafter, the property owner shall receive a bill from the city for mowing. The rate will be in an amount established by resolution of the city. If the bill is not paid, the city may recover the expenses so incurred from the person in a civil suit instituted for such purpose, or it may levy an assessment against such property and collect the same.
(c) The City Commissioners shall cause to be published all assessments, together with a notice that said assessments shall be considered by the City Commissioners at the regular October meeting of each year at which time and place any person may appear and be heard. Such notice shall be published once in the official newspaper and at least ten days prior to the October meeting. Within ten days after the assessment has been approved by the City Commissioners, a certified copy of the same shall be filed with the Finance Officer, and shall be due and payable to the city. If the assessment is not paid within 60 days of filing, a penalty cost of 10% shall be added in addition to an annual interest rate at the highest rate allowed by law on the unpaid balance.
(4) For the owner of a dead animal to permit it to remain undisposed of longer than 24 hours after its death;
(5) Any excavation, trench or open basement in which stagnant water is permitted to collect or which may jeopardize the life, limb or safety of the general public;
(6) Throwing or letting fall on or permitting to remain on any street, alley or public ground any manure, garbage, rubbish, filth, fuel or wood while engaged in handling or removing any such substance;
(7) Keeping or maintaining any building or enclosure where livestock is authorized to be kept unless the same is at all times kept in a clean and sanitary condition. No person shall place, keep or maintain any live hogs within the city;
(8) (a) Disposing of refuse and/or other combustible material by open burning, or causing, allowing or permitting the conducting of a salvage operation by open burning in the city except as otherwise permitted by the City Commissioners.
(b) The following types of open burning shall be permissible for a specific purpose when conducted in conformity with divisions (B)(8)(b)1. through (B)(8)(b)4. set forth below:
1. Fires purposely set for instruction and training of firefighting personnel when authorized by the Fire Chief of the City Volunteer Fire Department;
2. Fires set for the elimination of a fire hazard which cannot be abated by any other means when authorized by the Fire Chief of the City Volunteer Fire Department;
3. Fires purposely set by city maintenance personnel for the purposes as authorized by the Fire Chief of the City Volunteer Fire Department; and
4. Campfires and other fires used solely for recreational purposes, for ceremonial occasions or for outdoor preparation of foods.
(9) Maintaining, or causing or permitting the same, any building or premises which is determined to be dangerous or dilapidated. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous or dilapidated building, if such conditions or defects thereby annoy, injure or endanger the comfort, repose, health or safety of others, or if such conditions or defects exist to the extent that the life, health, property, value of property or safety of the public or its occupants are jeopardized:
(a) Whenever any building or structure is:
1. Vacant and unoccupied for the purpose for which it was erected;
2. The building is unfit for occupancy as it fails to meet minimum housing standards; and
3. The building has remained substantially in such condition for a period in excess of six months.
(b) Whenever any building or structure through lack of maintenance or attention and by virtue of its physical appearance and presence thereby depresses the market value of surrounding properties.
(C) As used in this section, the following definitions shall apply:
ABANDONED PROPERTY. Any deteriorated, wrecked or derelict property in unusable condition, having no value other than nominal scrap or junk value, if any, and which has been left unprotected outside of a permanent structure from the elements, and shall include, without being so restricted, deteriorated, wrecked, inoperative or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture and other similar articles in such condition.
ABANDONED VEHICLE. Any vehicle, as defined below, which is left unattended or stored on any public property in the same or substantially the same place within the city for more than 24 hours.
INOPERABLE VEHICLE. Any vehicle, as defined below, which is not in operating condition due to damage, removal or inoperability of one or more tires and wheels, the engine or other essential parts required for the operation of the vehicle, or which does not have lawfully affixed thereto a valid state license plate or which constitutes an immediate health, safety, fire or traffic hazard.
VEHICLE. Any vehicle which is designed to travel along the ground or in the water and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, pull trailers, go-carts, golf-carts, boats, campers or trailers.
(Prior Code, § 3.0101) (Ord. 2010-245-2, passed 2-22-2010; Ord. 2022-7-11, passed 7-27-2022) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL §§ 9-29-13, 9-32-10, 9-33-1 and 34A-7-9