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CHAPTER 12 Article 1 – General
Regulations Section
12.1.01
Purpose The purpose
of this Article is to protect, promote, and enhance the welfare, safety, health,
and property of the general public by prohibiting the keeping or maintaining of
properties at a variance with or inferior to the level of maintenance of
surround properties.
Section
12.1.02
Maintenance of Premises and Buildings It shall be
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
building or premises in a manner that is a variance with and interior to the
level of maintenance of surrounding properties. Any person
violating this provision shall be guilty of a Class II Misdemeanor and fined
pursuant to Section 14.01 each day such violation is committed or, if permitted
to continue, shall constitute a separate offense and shall be punishable as
such.
Section
12.1.03
Premise Identification Premise
identification for all buildings are to be placed in such a position as to be
plainly visible and legible from the street or road fronting the property. A.
All addresses shall be numbers, no script; B.
The numbers shall be posted on the structure in such a way that they will
be visible at night, as well as daylight, using the following guidelines:
1.
Numbers shall be a contrasting color to the background that they are
attached to; 2.
Numbers shall be a minimum of five (5) inches in height if the structure
is fifty (50) feet or less from the roadway;
3.
Numbers shall be a minimum of seven (7) inches in height if the structure
is from fifty (50) feet to two hundred (200) feet from the roadway;
4.
Numbers shall be a minimum of ten (10) inches in height if the structure
is from two hundred (200) feet to three hundred (300) feet from the roadway;
5.
Numbers shall be a minimum of twelve (12) inches in height if the
structure is three hundred (300) to four hundred (400) feet from the roadway;
and
6.
If the structure is not visible from the roadway because of terrain,
trees, or other obstructions, or if the structure is more than four hundred
(400) feet from the roadway, the address numbers shall be posted on a post at
the entrance of the driveway to the structure.
The numbers on the post shall be a minimum of four (4) inches in height
and shall be visible from both sides of the approach to the entrance.
The post with the numbers shall be a minimum of four (4) feet in height
above the ground in a visible location within twenty (20) feet of the roadway.
Section
12.1.04
Enumeration A building or
premises is maintained or kept in a manner which is at variance with and
inferior to the level of maintenance of surrounding properties and is hereby
declared to constitute a public nuisance where there exists upon any building or
premises any of the following condition(s): A.
Buildings that are abandoned, boarded up, partially destroyed, or
partially constructed and uncompleted subsequent to the expiration of the
building permit. Building permits
are not to run for more than one (1) year; B.
Overgrown vegetation which is unsightly and/or likely to harbor rates or
vermin; C.
Unsightly trash, garbage or refuse cans, bins, boxes, bags, or other such
containers permanently stored in front yards visible from public streets; D.
Lumber, junk, trash, tires, debris, or salvage materials maintained upon
any premises which is visible from a public street, alley, or adjoining
property; E.
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 a public alley, street, or adjoining premises; F.
Unsightly abandoned, wrecked, dismantled, or inoperative trailers, mobile
homes, campers, boats, and other motor vehicles which are accumulated or stored
in yard areas;
G.
Broken windows, doors, attic vents, and under floor vents;
H.
Dead, decayed, or diseased trees, weeds, and other vegetation;
I.
Premises having a topography, geology,
or configuration, which as a result of grading operations or improvements to
land, cause erosion, subsidence, unstable soil conditions, or surface/subsurface
drainage problems as to pose a threat to or be injurious to adjacent premises;
J.
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, and cracking; K.
Building exteriors, walls, fences, driveways, or walkways which are
cracked, broken, defective, deteriorated, in disrepair, or defaced; and L.
Any like and similar condition or conditions.
Section
12.1.05
Sanitation of Premises and Buildings It shall be
unlawful to permit by act or omission the following specific acts, conditions,
and things that are hereby also declared to be public nuisances: A.
Maintaining upon a premises any unsightly, partly complete, or partly
destroyed buildings, structures or improvements in the City which may endanger
or injure neighboring properties or the public health, safety, or general
welfare; B.
Failing, refusing, or neglecting to keep the sidewalk in front of a
house, place of business, or premise in a clean and safe condition; and
C.
Maintaining upon such premises or upon the sidewalk abutting or adjoining
such lot, parcel, tract, or piece of land, loose earth, mounds of soil, fill
material, asphalt, concrete rubble, or waste material of any kind (all such
materials shall hereinafter be referred to as “waste materials”), except for
waste materials used for construction or landscaping upon premises in which case
it shall be the duty of the owner, lessee, occupant, or persons in possession of
premises wherein the waste materials exist, to maintain weed control during
construction and to level or remove waste materials after construction is
completed, or in any event, within eight (8) months from time of placement of
waste materials upon premises. For sites
where filling, grading, or excavation activities have or will span more than one
(1) year, it shall be the duty of the owner, lessee, occupant, or person in
possession of said to level or remove the waste materials from said premises at
least twice each year during the months of either June, July, or August for the
purpose of maintaining weed and rodent control.
Section
12.1.06
Enforcement of Article The Building
Official is hereby authorized and directed to administer and enforce all of the
provisions of this Article.
Section
12.1.07
Right of Entry Whenever
necessary to make an inspection to enforce any of the provisions of this
Article, or whenever the Building Official or their authorized representative
has reasonable cause to believe that there exists in any building or upon any
premises, any condition which is prohibited under this article, the Building
Official or their authorized representative may enter such building or premises
at all reasonable times to inspect the same or to perform any duty imposed upon
the Building Official by this article; provided that if such building or
premises be occupied, they shall first present proper credentials and demand
entry; and if such building or premises be unoccupied, they shall first make a
reasonable effort to locate the owner or other persons having charge or control
of the building or premises and demand entry.
If such entry is refused, the Building Official or their authorized
representative shall have recourse to every remedy provided by law to secure
entry. No owner or
occupant or any other person having charge, care of any building or premises
shall fail or neglect, after proper demand made as herein provided, to properly
permit entry therein by the Building Official or her or his authorized
representative for purpose of inspection and examination pursuant to this article.
Any person violating this subdivision shall be guilty of a Class II
Misdemeanor and fined pursuant to Section 14.01.
Section
12.1.08
Notice to Abate-Issuance Whenever the
Building Official is notified that any condition or conditions prohibited in
this article exist on any premises located within the City, the Building
Official shall give, or cause to be given, notice to abate the unlawful
condition or conditions existing on the premises.
Such notice shall be in writing to the person creating, permitting, or
maintaining such nuisance to abate the same within a reasonable time as provided
in the notice as follows: A.
If the building official has determined that the building or structure
must be repaired, the order shall require that all required permits be secured
therefore and the work physically commenced within such time (not to exceed
sixty (60) days from the date of the order) and completed within such time as
the building official shall determine is reasonable under all of the
circumstances; and B.
If the building official has determined that the building or structure
must be demolished, that all required permits be secured therefore within sixty
(60) days from the date of the order, and that the demolition be completed
within such time as the building official shall determine is reasonable.
Section
12.1.09
Notice Waived Whenever the
owner, occupant, or agent of any premises in or upon which any nuisance may be
found is unknown or cannot be located, the building official shall proceed to
abate the nuisance without notice. In
either case, the expense of such abatement shall be collected from the person
who may have created, caused, or suffered such nuisance to exist.
Section
12.1.10
Right to Appeal The owner or
any person affected shall have the right to appeal to the City Planning
Commission for investigation and review of the building officials determination.
Such appeal shall be in writing, shall state the objections of the person
filing the same, shall have filed with the Municipal Finance Officer within
thirty (30) days after the date of posting, publishing, service, or mailing of
Notice to Abate, and shall be presented to the Council by the Municipal Finance
Officer at its next regular meeting. The
City Planning Commission shall determine by resolution whether the building
official shall proceed in accordance with the abatement notice, or as modified
by the Council or not at all, and its decision thereon shall be final and
conclusive.
Section
12.1.11
Abatement by City In the event
a person shall fail to abate any nuisance created, permitted, or maintained
following written notice to do so, the building official shall cause such
nuisance to be abated. The Building
Official shall not have to let bids, but shall hire available manpower or
company for the razing, demolishing, removing, reconstruction, or other
affirmative act necessary to abate the unlawful condition(s) and shall file such
statement with the City Finance Officer. Such
statement shall refer to the particular premises including any improvements,
structures, or buildings, thereon, upon which the actions taken to abate the
unlawful conditions occurred. With
regard to the premises or each piece of property therein referred to, the
statement shall show the number of the lot and block and the name of the
addition or subdivision in which the lot lies or upon which the structures,
improvements, or buildings were located at the time that the actions to abate
the unlawful conditions were taken or shall describe such premises in any other
way that they may be easily identified.
Section
12.1.12
Alternate Abatement Procedure In addition
to any method of abatement of nuisances within the City provided by the
provisions of this article, any nuisance found within the City may be abated in
the manner provided by state law.
Section
12.1.13
Notice of Equalization of Assessment Within ten
(10) days after the filing of the statement referred to in Section 12.1.11 of
this article, the City Finance Officer shall cause to be served upon the owner,
agent of the owner, lessee, occupant, or person in possession of the parcel of
land described in the statement and in the notice personally or by mail
addressed to his last known address or to general delivery, Winner, South
Dakota, if such address is unknown.
Section
12.1.14
Equalization of Assessment - Hearing The owner of
any person affected shall have the right to appeal to the Council concerning the
proposed assessment. Such appeal
shall be in writing, shall state the objections of the person filing the same,
and shall be filed with the City Finance Officer within thirty (30) days after
the notice. Said objections shall
be presented to the Council by the Finance Officer at their next regular
meeting. The Council shall
determine by resolution the assessment and shall proceed to place a lien against
the property until the assessment is paid.
Section
12.1.15
Recovery of Expenses - Special Assessment The City may
recover the expenses incurred by the Building Official in abating a public
nuisance by taxing the cost thereof by special assessment against the real
property on which the nuisance occurred.
Section
12.1.16
Recover of Expenses - Civil Suit The City may
recover the expenses incurred by the Building Official in abating any nuisance
under the provisions of this article from the person creating, permitting, or
maintaining the same in a civil suit instituted for such purpose.
Section
12.1.17
Boulevards Any person
owning or occupying any lot or parcel of land in this City shall keep in order
the grass plots between the sidewalk and the curb line, and cut the weeds and
remove rubbish or other obstruction thereon, except such as placed thereon by
permit of the governing body of the City.
Section
12.1.18
Street Repair Levies There is
hereby levied upon all lots of the City fronting upon the streets of said City
for the purpose of maintaining or repairing street surfacing or pavement not of
a permanent type, a special front foot assessment amount to twenty-five (25)
cents per front foot.
Section
12.1.19
Sewer Levies There is
hereby levied upon all lots or parcels of land of the City fronting or abutting
upon the street or streets, alley or alleys, along any main, trunk or service
sewer in said City for the purpose of maintaining its main, trunk, or service
sewers and its septic tanks and sewage treatment plant the sum of four (4) cents
per front foot against any lot or parcel of such abutting property.
Section
12.1.20
Reporting Levies The City
Finance Officer is hereby directed to certify to the County Auditor of Tripp
County, South Dakota, the amount levied and assessed against each lot or parcel
of land for maintaining or repairing streets and maintaining sewers and septic
or sewage treatment plant giving the description of property so assessed and the
amount of such assessment or levies.
CHAPTER 12 MAINTENANCE OF PROPERTY Article 2 – Weeds and Tall
Grasses Section
12.2.01
Dedicated Land The occupant,
person in charge, or owner of any lot in the City which abuts or adjoins a
street or alley that contains dedicated land that is not being utilized by the
City, shall be responsible to cut the weeds and tall grass on said unused
dedicated land as if said person owned the land.
In other words, the plats in the City establish that many streets and
alleys have been dedicated to include areas wider than actually used by the
City and that, if there is any grass or weeds growing on the unused portion of
said street or alley, the adjoining or adjacent landowners shall be responsible
for cutting the grass and weeds.
Section
12.2.02
Nuisance Declared All weeds or
plants declared to be primary noxious weeds or secondary noxious weeds by the
State Weed Board and all other weeds suffered or allowed to grow during the
growing season and all grass allowed to grow to a length exceeding six (6)
inches shall be deemed noxious, dangerous, and unhealthful vegetation and
are hereby declared to be nuisances.
Section
12.2.03
Duty
to Cut Weeds and Tall Grass It shall be
the duty of the occupant, person in charge of, or owner of any lot in the City
to keep such lot free from noxious vegetation and to cut such noxious vegetation
at such time as may be necessary to prevent the growth of the weeds and to
prevent the grass from growing more than six (6) inches in length.
Section
12.2.04
Notice to Cut Weeds and Grass The City
Superintendent may at the beginning of or during the growing season by written
notice to each occupant, person in charge, and owner of any lot, require all
weeds and other noxious vegetation as above described upon any lot to be cut and
removed within seven (7) days after the giving of such notice.
Such notice shall be given by registered or certified mail to the
occupant, person in charge, or owner of any lot at said person's last known
postal address. The occupant,
person in charge, or owner shall within seven (7) days after receipt of such
notice and at all times subsequent during the growing season as may be necessary
cut and keep cut all noxious vegetation and grass exceeding six (6)
inches in height.
Section
12.2.05
Weeds and Grass may be Cut by City If the
occupant, person in charge, or owner of any lot fails to cut weeds, noxious
vegetation, and grass exceeding six (6) inches
in length upon any such lot as required, the City Superintendent may cause such
weeds, grass, and noxious vegetation to be cut, and for such purpose may enter
upon any such lot or parcel of land. The fees
assessed for the cutting of such weeks, grass, and/or noxious vegetation shall
be set by the Council. The
occupant, person in charge, or owner shall be billed accordingly.
In the event that the bill is not paid by the end of the growing season,
the charges shall be collected by means of special assessment.
Section
12.2.06
Special Assessment for Noxious Vegetation Cutting The City
Superintendent shall cause an account to be kept against each lot of the cost
for cutting the noxious vegetation during the growing season of each year, and
the same shall be certified to the City Finance Officer on or before the 15th
day of November of each year. The Auditor
shall prepare an estimate of the assessment against each lot for the cutting of
noxious vegetation for the preceding growing season, including therein the
expense of levying such special assessment against each lot.
Such estimate shall be submitted to the Council for its approval on or
before the 15th day of January of each year. The Auditor
shall cause to be served upon the occupant, person in charge, or owner of said
lot by registered or certified mail of the time and place when the Council will
meet for the purpose of approving such estimate. Upon the day
so named the Council shall meet and, if they find said estimate correct, they
shall approve the same by resolution; or, if not correct, they shall correct or
modify the same and approve the same as modified or corrected, and file such
assessment roll with the Auditor. From the date
of the approval and filing of such assessment roll with the Auditor, the same
shall be and become a special lien against the various pieces of property
described in said assessment roll and shall be collected in like manner as the
law provides for special assessments for public improvements as are now
collected.
Section
12.2.07
Intent of Council It is the
intention of the Council to provide a
means for the City to cause lots and parcels of land that contain noxious
vegetation as described herein to be cut at no cost to the City.
CHAPTER 12 MAINTENANCE OF PROPERTY Article 3 – Temporary
Buildings Section
12.3.01
Commercial Temporary Buildings Seasonal,
commercial temporary buildings usually consist of a rib structure covered by a
transparent material. After the
commercial season of selling items from the temporary building is over with, the
weather and elements tend to destroy the transparent material if it is not
removed from the frame of the building and said transparent material blows
around within the neighborhood and creates and unsightly situation.
Section
12.3.02
Maintain or Remove The
transparent material on said temporary buildings shall be maintained or removed
from said temporary building after the seasonal business is completed so that
the elements do not tear said material and creates an unsightly situation.
Section
12.3.03
Removal of Transparent Materials The owners,
lessees or operators of said temporary buildings shall have thirty (30) days
after they have abandoned said temporary buildings in regards to selling items
from the temporary building, to remove any transparent materials covering said
temporary building.
Section
12.3.04
Board of Adjustment The Board of
Adjustments, pursuant to the Zoning Ordinance (Appendix C) for the City, shall
have the power to find that any temporary or seasonal building which has not had
the transparent material in good maintenance removed thirty (30) days after the
temporary building has been abandoned for the season is a nuisance pursuant to
the above statute.
Section
12.3.05 Penalty Any person
operating a temporary building who violates any of the provisions of this
Article, shall be deemed guilty of a Class II
Misdemeanor and fined pursuant to Section 14.01.
MAINTENANCE OF PROPERTY Article 4 – Flood Prevention Section
12.4.01
Findings of Fact A.
The flood hazard areas of the City are subject to periodic inundation
which results in loss of life, property, health and safety hazards, disruption
of commerce and governmental services, extra-ordinary public expenditures for
flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety and general welfare.
B.
These flood losses are caused by the cumulative effect of obstructions in
flood plains causing increases in flood heights and velocities, and by the
occupancy in flood heights and velocities, and by the occupancy in flood hazard
areas by uses vulnerable to floods or hazardous to other lands which are
inadequately elevated, flood-proofed, or otherwise protected from flood damages.
Section
12.4.02
Statement of Purpose It is the
purpose of this Article to promote the public health, safety, and general
welfare and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to: A.
Restrict or prohibit uses that are dangerous to health, safety, and
property due to water or erosion or in flood heights or velocities.
B.
Require that uses vulnerable to floods, including facilities that serve
such uses, be protected against flood damage at the time of initial
construction.
C.
Control the alteration of natural flood plains, stream channels, the
natural protective barriers, which are involved in the accommodation of flood
waters.
D.
Control filling, grading, dredging and other development which may
increase erosion or flood damage.
E.
Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards to other
lands.
Section
12.4.03
Objectives The
objectives of this article are: A.
To protect human life and health;
B.
To minimize expenditure of public money too costly flood control
projects;
C.
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
D.
To minimize prolonged business interruptions;
E.
To minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets and bridges located in
flood plains;
F.
To help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future flood
blight areas; and,
G.
To insure that potential home buyers are notified that property is in a
flood area.
Section
12.4.04
Applicable Lands This Article
shall apply to all areas of special flood hazards within jurisdiction of the
City.
Section
12.4.05
Development Permit A Development
Permit shall be required in conformance with the provisions of this Article.
Section
12.4.06
Compliance No structure
or land shall hereafter be located, extended, converted, or structurally altered
without full compliance with the terms of this Article and other applicable
regulations.
Section
12.4.07
Interpretation In the
interpretation and application of this Article, all provisions shall be: A.
Considered as minimum requirements; B.
Liberally construed in favor of the governing body; and
C.
Deemed neither to limit nor repeal any other powers granted under state
statutes.
Section
12.4.08
Warning and Disclaimer of Liability The degree of
flood protection required by this Article is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions.
Flood heights may be increased by man-made or natural causes.
This Article does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or flood
damages. This Article shall not
create liability on the part of the City or by an officer or employee thereof
for any flood damages that result from reliance on this Article or any
administrative decision lawfully made there under.
Section 12.4.09 |
