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2005-03 Nuisance

TOWN OF NEWELL

NUISANCE ORDINANCE 03-05

Repeals Ordinance 01-2004

(Ordinance 01-2004 repeals 01-2003)

(Ordinance 01-2003 repeals 02-87)

 

SECTION I.  AUTHORITY TO DECLARE AND ABATE

The municipality of Newell shall have the power to declare what shall constitute a nuisance and prevent, abate, and remove the same as is permitted by SDCL 9-29-13 and 21-10-6.

SECTION II. DEFINITION

GENERAL DEFINITION:

 A. Nuisance – A nuisance consists of unlawfully doing an act, or omitting to perform a duty, which act or omission or either: Annoys, injures, or endangers the comfort, repose, health, or safety of others; Offends decency; Unlawfully interferes with, obstructs, or renders dangerous for passage, any lake or navigable water, bay stream, canal, or basin, or public park, square, street, highway; in any way renders other persons insecure in life, or in the use of property. SDCL 21-10-1

B. Public Nuisance – One which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.  Every other nuisance is private. SDCL 21-10-3

C. Nuisance Per Se.  It is hereby declared that one or more of the following conditions, either alone or in combination with others, constitutes a nuisance per se, however, this enumeration shall not be deemed to be exclusive:

A. Undressed Hides – Undressed hides kept longer than twenty-four (24) hours, except at a place where they are to be commercially processed or manufactured, or in a storeroom or basement approved by the South Dakota Department of Health.  They may not be put into the City Garbage.

B. Breeding Place for Flies – The accumulation of manure, garbage, refuse, or anything whatever that provides a harboring place or breeding area for flies.

C. Dead Animals – A dead animal, or any part thereof, permitted to remain undisposed of longer than twenty-four (24) hours after its death.

D. Plants – The existence of any tree, shrub or foliage, unless by consent of the city, which is apt to destroy, impair, interfere with, or restrict: streets, sidewalks, sewers, utilities or other public improvements, and visibility on or free use of, or access to such improvements. The existence of any vines or climbing plants growing into or over any public hydrant, utility pole or transformer, or the existence of any shrub, vine, or plant growing on, around or in front of any hydrant, standpipe, or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view thereof or impair the access thereto.

E. Refuse and Garbage – The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any on or more of the following places, conditions or things;

 1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter; but nothing shall prevent the temporary retention of waste in appropriate, fly-proof, covered receptacle;

 2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from insects and rodents, or which emit foul or pungent odors;

 3. Any filthy, littered or trash-covered dwellings, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or premises;

 4. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash or abandoned material, unless it is kept in approved covered bins or galvanized iron receptacles;

 5. Any trash, litter, rags, accumulation of empty barrels, boxes, crates, paper, packing cases, mattresses, bedding, lumber not neatly piled, scrape iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire hazard.

 F. Burning – The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, park, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish material

G. Wells and Cistern – The existence on any premises of any abandoned or unused well, cistern or storage tank without securely closing or barring the entrance thereto or filling any well or cistern or capping the same with sufficient security to prevent access thereto by children. Any well or other supply of water used for drinking or household purposes which is polluted or which is so constructed or situated that it may become polluted.

H. Dilapidated Building or Structure – Any building or structure that is kept or maintained in an unsafe, incomplete, abandoned, damaged or dilapidated condition.  Included in this definition are structures or buildings which have been destroyed or rendered unsafe by natural disaster or fire and buildings or structures for which the building permits have expired and/or construction has not been completed.

I. Junk – 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 from the elements outside of a permanent structure. This shall include, without being so restricted, deteriorated, wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, appliances, and any other similar articles in such condition.

J. Vegetation – All weeds or plants declared to be state or local noxious weeds, or all other weeds and grasses growing upon any lot or parcel of land in the city to a greater height than fourteen (14) inches, or which have gone or are about to go to seed.  Fallen tree limbs, dead trees, and dead tree limbs which constitute a health, safety or fire hazard are declared a nuisance. This does not prohibit the cultivation of crops or vegetation grown in gardens, wildflower display garden or undeveloped, unpopulated area.

K. Livestock truck or trailers – Parking or permitting a livestock truck or trailer to remain for an extended period on any street, area, or public ground in a residential district when such truck or trailer gives off an offensive order or is contaminated with manure or other filth.

L. Vehicles – No person owning, in charge of or in control of any real property within the city whether as owner, tenant, occupant, lessee or otherwise, shall allow an abandoned vehicle,  or vehicle which is partially dismantled, non-operating, wrecked, junked, without current license plates or in a state of substantial disrepair to remain on such property longer than thirty (30) days; except that this section shall not apply with regard to a vehicle in an enclosed building, or to a vehicle on the premises of such a business enterprise that is operated in a lawful place and manner or on city right of way thirty (30) days any abandoned vehicle will be removed at the owner’s expense by the city and become the property of the city.  (Amended by:  Ordinance 2013-02).

 

SECTION III. NOTICE OF VIOLATION

Whenever the City Commission shall find that a nuisance exists within the City, they shall give written notice to the person creating, permitting, or maintaining such a nuisance. SDCL 21-10-6

The notice of violation shall state the following:

Name and address of the property owner;

 1. The address and legal description of the property upon which the nuisance exists;

 2. Nature of the violation and section of the city ordinance which is violated;

 3. A statement as to how many days the person has to abate the nuisance;

 4. A statement that, if the violation is not corrected, the city may issue a criminal complaint, pursue civil action, and/or  abate the nuisance and charge the costs of abatement plus any costs and attorney’s fees against the property by special assessment;

 5. An appeal of the notice of violation must be made, in writing to the City Council within 15 days of receipt of notice.  Said written appeal must be received at City Hall in writing no later than 4:00 p.m. on the fifteenth (15th) day from the notice of violation.

The notice of violation may be served by personal service, certified mail, or if the address or location of the offending party cannot be ascertained, such notice may be served by conspicuously posting a copy of the notice of violation upon the premises where the nuisance exists.

After the time for voluntary abatement has expired, an authorized representative shall re-inspect the offending property to determine if the nuisance was abated.

 SECTION IV. APPEAL

 If the alleged offending party files an appeal to the City Commissioners in a timely manner, the City Commissioners shall at the next regular Commissioners meeting conduct a hearing to review the alleged nuisance.  The City Commissioners shall make a decision and the appealing party will be notified of the decision within ten (10) days of the meeting.

 SECTION V. NONCOMPLIANCE OF NOTICE TO ABATE

If the alleged offending party does not appeal the notice of violation to the City Commissioners and/or fails to abate the nuisance within the time limited given in the notice of violation, a police officer may issue a criminal citation for violation of this ordinance to the landowner and/or the person who created, permitted or maintained the nuisance.  The city may also abate the nuisance and charge the costs of abatement plus any costs or attorney fees against the property by special assessment.  An authorized city representative may secure the services of a contractor to abate the nuisance.

Upon completing abatement of the nuisance, the city shall bill the landowner for all related receipts, administrative, legal and investigative fees and expenses.  If the landowner fails, neglects or refuses to pay this bill within thirty (30) day, the city finance officer shall file a special assessment against the property for the abatement costs that have not been reimbursed to the city.

SECTION VI. IMMEDIATE ABATEMENT AUTHORIZED

Nuisances, which are determined by the City Commissioners to be an immediate threat to public health and safety, may be abated immediately without following the procedures set forth in this ordinance.  Furthermore, law enforcement officials may immediately issue a citation for violating this ordinance if a nuisance exists which poses and immediate threat to public health and safety without serving the notice of violation referenced herein.

 SECTION VII. PENALTIES

In addition to the action set forth in this ordinance, the town may, at its discretion, pursue remedies against nuisances pursuant to SDCL: 21-10-5 including abatement, civil action or complaint for violation of this ordinance in magistrate court.  Additionally, any person convicted of maintaining any nuisance in violation of any provision of this ordinance shall be subject to a maximum punishment of each violation thereof by a fine not to exceed established by SDCL:22-6-2(2), by imprisonment not exceeding thirty days, or by both the fine and imprisonment.  Each day any violation of this ordinance continues shall constitute a separate offense.