Newell Finance Office

From the Mayor

NOTICE TO THE GENERAL PUBLIC REGARDING THE VACANCY ON CITY COMMISSION.
THE CITY BOARD OF COMMISSIONERS IS ACCEPTING APPLICATIONS FOR THE POSITION OF A CITY COMMISSIONER.
YOU MUST BE A REGISTERED VOTER AND HAVE LIVED WITHIN NEWELL CITY LIMITS FOR AT LEAST 3 MONTHS.
YOUR APPLICATION SHOULD INCLUDE YOUR NAME, ADDRESS AND YOUR REASONS FOR WANTING TO BE APPOINTED AS A COMMISSIONER.
APPLICATIONS WILL BE ACCEPTED THROUGH MONDAY APRIL 30TH 2018 BY 3PM
YOU WILL BE APPOINTED UNTIL THE NEXT MUNICIPAL ELECTION IN APRIL, 2019 AT WHICH TIME YOU MAY RUN FOR A 1-YEAR TERM FOR THE OFFICE OF COMMISSIONER BY HAVING FILED A LEGAL PETITION FOR THE ELECTION WITH THE FINANCE OFFICER OF THE CITY OF NEWELL.
Jennifer Parrow Finance Officer

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We had a very interesting meeting on the 12th.  More citizens showed up for the meeting than have attended in total during my term as Mayor.  There were a lot of good comments and concerns expressed.  

The comments and concerns seemed to fall into two groups. No, not pro or con, but there were differing views on "government involvement" and property rights.  There were those that were ready to file complaints against their neighbors and those that believe it's none of anyone else's business what they do with their property.  

My last "From the Mayor" addressed where ordinances come from and why they are enacted.  You can read it below, but basically, they come from the residents that want their property values protected.  They do not normally come from the commission.  We don't sit around and dream up reasons to limit anyone's rights.  Think about it.  Those ordinances affect those that pass the ordinances as well as everyone else contrary to the lies you have been told.  

Our normal procedure is to contact the property owner and if that owner takes steps to correct the issues, no other actions are taken, because no other action is needed.  No one is informed of these steps to protect the privacy rights of all involved.  The only time someone other than the person in violation would know about the violation or any action would be if there is a citation issued and the person appeals the citation.  We do not discuss who may or may not have received a notification of any violation.  If the person in violation wants to complain about it to their friends, neighbors and cronies, that's on the violator.

Consider this, too.  The normal procedure on adoption of ordinances is as follows:  

1. The ordinance is proposed, drawn up and submitted and added to the meeting agenda.
2. At the first reading, suggested changes are made or there is a vote not to go forward.
3. The proposed changes, if any, are incorporated into the ordinance and the second reading is done at the next meeting.

This isn't quite what was done at the last meeting.  I was also concerned about the bullying of one of our Commissioners.  Mr. Howie has been a contributing member of this community for a long, long time.  He was always willing to help people.  He was a member of the volunteer fire department for many years, and until his health required him to quit, he was the Fire Chief.  

I find the bullying, badgering and treatment he has received about his property to be reprehensible.  When was the last time those that have complained about his yard offered to help him clean it up to give back to him for all he has given to the community?  Easy to pick on someone with health challenges, isn't it.    In fact, when was the last time those that are the biggest complainers and their supporters have done anything positive for the Town of Newell?  I would venture to say, "Never".  Coming to meetings once in three years to complain about a prospective ordinance is not a positive contribution. 

FROM THE MAYOR

Click Here for the 2017 Drinking Water Report

From the Mayor:

Here are a couple ideas to ponder.  How do you handle these situations?

First, there are no ordinances.  You own some well maintained property and the person next door does absolutely nothing for maintenance but allows the property to become overgrown.  You notice an increase of critter, snakes and mice infestation on your property.  What do you do?  Remember  there are no ordinances.

I guess one of the solutions would be to talk to your neighbor.  Great!  Your neighbor tells you to go jump.  What then?

 Oh wait, the property is unoccupied and you don’t know the owners or how to contact them.  What then? 

Second, there are nuisance ordinances but there is no sure way of enforcing these ordinances. The same situation exists – neat property, messy property.  What do you do?  How do you get the situation resolved?

Same options as above.  

One of the solutions would be to talk to your neighbor.  Great!  Your neighbor tells you to go jump.  What then?

 Oh wait, the property is unoccupied and you don’t know the owners or how to contact them.  What then? 

Third, the ordinances are in place along with an ordinance enforcement person on staff.  What should be the steps?

Maybe talk to your neighbor and ask them to clean up.  Your neighbor tells you to go jump.  What next?  Contact the town and or the ordinance enforcement employee?  Probably.  This person’s responsibilities are to make an unbiased decision on whether a violation exists and to decide on the action to take.

Here’s what the ordinance office will do.  The officer will contact the violator and make them aware of the violation and request compliance.  If the owner is not in residence, the officer will research ownership and contact the owner, again, requesting compliance.

If there is no response or compliance the officer then contacts the violator and establishes a date for compliance or for compliance activities to commence.  This is all done in accordance with the notification requirements set forth in the ordinances.

Failure of the violator on all of these steps would then prompt the issuance of an administrative citation which would then require payment of a fine, which is appealable, and remediation of the violation.   The fine would be appealable to the Town Commission.  The decision of the commission may also be subject to judicial appeal as provided by law. 

Ordinance 2018-0101.02.02 AUTHORITY TO INSPECT  reads:

“Any code enforcement officer may enter upon any property and make any examination and surveys necessary to perform 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.