L-3 NUISANCES OR HAZARDOUS CONDITIONS

L-3-1 PURPOSE

The purpose of this chapter shall be to define what constitutes a nuisance or a hazardous condition to aid in the promotion of health, safety, morals, and general welfare of the community of the City of Fort Pierre.

Authority: SDCL 9-29-1, 9-29-13

L-3-1-1 PROPERTY MAINTENANCE CODE

There is hereby adopted that certain code known as the International Property Maintenance Code 2015 Edition as adopted by the state of South Dakota,  in whole except such portions as have been deleted, modified or amended and as so deleted, modified or amended are now on file in the Finance Office. Additional deletions, modifications, and amendments may from time to time be made by the City Council and shall be effective upon their adoption and filing with the City Finance Officer or their designee. The City Finance Officer or their designee shall keep and maintain a master copy of said codes, including all future deletions, modifications, and amendments, which may be adopted by the City Council herein provided and the same shall be available and subject to public inspection at all times.

Source: Ord. 845, 1012

Authority: SDCL 11-10-11

L-3-2 DEFINITIONS

A. “City” shall mean the City of Fort Pierre, South Dakota

B. “Motor vehicle” shall mean any vehicle that is self propelled and designed to travel along the ground and shall include, but not be limited to automobiles, buses, motorbikes, motorscooters, motorcycles, trucks, tractors, go-carts, golf-carts, campers, and trailers.

C. “Junked motor vehicle” shall mean any motor vehicle that does not have lawfully affixed thereto an unexpired license plate or a current registration.

D. “Abandoned motor vehicle” shall mean any motor vehicle that is left unattended on any public street, alley, public place, or parking lot within the City for a period longer than twenty-four (24) hours without notifying the chief law enforcement officer and making arrangements for the parking of such motor vehicle.

E. “Wrecked motor vehicle” shall mean any motor vehicle that has been rendered unsightly or hazardous by collision, fire, or mechanical compression.

F. “Dismantled motor vehicle” shall mean any motor vehicle from which principal parts or components have been removed, rendering the unit unable to move in a safe manner under its own power.

G. “Inoperative motor vehicle” shall mean any motor vehicle in which the primary power plant or motive force is non-functional.

H. “Person” shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.

I. “Private property” shall mean any real property within the City which is privately owned and which is not public property as defined in this section.

J. “Public property” shall mean any street, alley, or highway, which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.

Authority: SDCL 9-29-13, 32-30-12 through 32-30-18, inclusive, 32-32-2

L-3-3 NUISANCE

The presence of an abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle or parts thereof, on private or public property is hereby declared a public nuisance. This section shall not apply to any motor vehicle enclosed within a building on private property or to any motor vehicle held in connection with a business enterprise and properly operated in the appropriate business zone, pursuant to the zoning law of the City, or to any motor vehicle in operable condition specifically adapted or designed for operation on drag strips, or raceways and covered with an appropriate cover to screen it from view, or to any motor vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City or authorized by the City.

Source:

Authority: SDCL 9-29-13, 9-32-1

L-3-4 UPON CITY PROPERTY

No person shall park, store, leave, or permit the parking, storing, or leaving of any abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle of any kind, whether attended or not, upon any public property within the City limits.

Authority: SDCL 9-29-13, 9-32-1, 32-30-12.1

L-3-5 REMOVAL

Whenever the Director of Public Works or his designee finds an abandoned motor vehicle or an unattended motor vehicle which is in a wrecked, dismantled, inoperative, junked, or partially dismantled condition on public property within the City, he is hereby authorized to provide for the immediate removal of such motor vehicle to a garage or place of safety. A motor vehicle that causes an obstruction and hazard to traffic may be removed at any time under the direction of the local law enforcement agency.

Authority: SDCL 9-29-13, 32-30-12.1, 32-30-13

L-3-6 NOTIFICATION OF OWNER

It shall be the duty of the Director of Public Works or his designee to notify, by registered mail, or hand deliver a written notice to the registered owner, if known, and if encumbered, to the lien holder, of the removal and storage of any vehicle under the provisions of this ordinance and where such motor vehicle has been stored. If the owner is unknown, a notice of removal and storage shall be given by one publication in newspaper of general circulation in the county.

Authority: SDCL 9-29-13, 32-30-15, 32-36-8

L-3-7 PUBLIC SALE

If after thirty (30) days from the date of mailing or publishing the notice of removal and storage provided for by this chapter, the motor vehicle shall remain unclaimed, such motor vehicle may be sold by the local law enforcement agency at a public auction upon notice to be published in a newspaper of general circulation in the county not less than once a week for two (2) consecutive weeks.

Source:

Authority: SDCL 9-29-13, 32-36-9, 32-36-11

L-3-8 NOTICE OF SALE

The notice of sale provided for by this chapter shall contain a description of the removed and stored vehicle, including the year, make, model, serial number, color, license number, if any, a statement that the motor vehicle was found abandoned, the date thereof, and the place, and the date and time at which such motor vehicle shall be sold, which date shall not be sooner than one (1) week following the date of the last publication.

Authority: SDCL 9-29-13, 32-30-15, 32-36-8, 32-36-9, 32-36-11

L-3-9 LIEN

The local law enforcement agency or City of Fort Pierre shall have a possessory lien upon any motor vehicle removed under the provisions of this ordinance for the costs in taking custody of and storing such motor vehicle.

Authority: SDCL 9-29-13, 32-30-18

L-3-10 SALE PROCEEDS

If, after thirty (30) days from the date of mailing or publishing the notice of removal and storage provided for by this chapter, the motor vehicle shall remain unclaimed, the City shall apply to the South Dakota Department of Revenue for a salvage title for any salvage or junk vehicle. If a vehicle is not a salvage or junk vehicle, the City shall apply for a certificate of title from the Department of Revenue. After the granting of such certificate, the title to such motor vehicle shall be vested in the City and such motor vehicle may be disposed of in any manner as may be provided by the City Council. The proceeds of any such disposal shall first be applied to the costs incurred in the enforcement of this chapter.

Authority: SDCL 9-29-13, 32-30-12.1, 32-30-15, 32-36-8, 32-36-9, 32-36-11

L-3-11 BALANCE OF SALE PROCEEDS – UNCLAIMED PROPERTY

If the balance of the proceeds of any such disposal is of greater than Fifty Dollars ($50), such balance shall be declared unclaimed property and turned over to the South Dakota State Treasurer as set forth in SDCL ch. 43-41B, Unclaimed Property.

Source:

Authority: SDCL 9-19-3, 43-41B-18

Cross Reference: SDCL 43-41B-18

L-3-12 PRIVATE PROPERTY

It is unlawful for any person owning, in charge of, or in control of any real property within the City, whether as owner, tenant, occupant, lessee, or otherwise, to allow any abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle of any kind to remain on such property longer than ninety-six (96) hours.

Source:

Authority: SDCL 9-29-2, 9-29-13

L-3-13 NOTIFICATION OF PROPERTY OWNER TO REMOVE

Whenever it comes to the attention of the local law enforcement agency that any person has an abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle on his property, a notice in writing shall be served upon such person requesting the removal of such motor vehicle in the time specified in this chapter.

Source:

Authority: SDCL 9-29-1, 9-29-2, 9-29-13

L-3-14 ABATEMENT

Upon proper notice, the owner of the abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal.

Authority: SDCL 9-19-3, 9-29-13

L-3-15 NOTICE

The local law enforcement agency shall give notice of removal to the owner or occupant of the private property where the vehicle is located. It shall constitute sufficient notice when a copy of same is sent by registered mail or hand delivered by a member of the local law enforcement agency to the owner or occupant of the private property at his last known address. The notice shall contain the request for removal within seven (7) days after the mailing or delivering of such notice, and the notice shall advise that failure to comply with the notice to remove shall be violation of this ordinance.

Authority: SDCL 9-19-3, 9-29-13

L-3-16 COVER REQUIRED

It is unlawful for any owner or occupant of private property to have an uncovered motor vehicle in operable condition specifically adopted or designed for operation on drag strips or raceways or an uncovered vehicle retained on private property for antique collection purposes, all as defined by L-3-3 hereof.

Authority: SDCL 9-19-3, 9-29-13

L-3-17 VIOLATION

Any person in violation of any section within this chapter shall, in addition to those penalties contained in this chapter, be subject to penalty as provided in chapter T. Each day’s violation, failure, refusal, or neglect to comply with any provision of this chapter or regulation promulgated thereunder shall constitute a separate and distinct offense.

Authority: SDCL 9-19-3

Section 2. That Ordinance No. 809, Chapter L-3-100 Vacant Buildings read as follows:

L-3-100 Vacant or dangerous buildings

L-3-101 Purpose

The purpose of this section is to protect and promote the public health, safety and welfare by identifying vacant or dangerous buildings and structures, determining the responsibilities of owners of vacant or dangerous buildings and structures, and providing for enforcement and correction, including removal or destruction of such buildings and structures.

Source:  Ord 936

L-3-102 Definitions

Dangerous Building or Structure – a building or structure that is potentially hazardous to persons or property, including, but not limited to one that: (a) is in danger of partial or complete collapse; (b) has any exterior parts that are loose or at risk of falling; (c) has any parts, such as floors, porches, railing, stairs, ramps, balconies or roofs, or parts thereof that are accessible and that are either collapsed, in danger of collapsing or unable to support the weight of normally imposed loads; or (d) is not in compliance with building, plumbing or electrical codes or one which creates an attractive nuisance or other unsuitable hazardous condition.

Owner – those shown to be the owner or owners on the record of the Stanley County director of equalization, those identified as the owner or owners on a vacant building registration form, holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vender in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or corporation in control of the freehold of the premises or lesser state therein. Any such person or corporation having ownership interest, whether divided or undivided or jointly or severally, shall have a joint and several obligations for compliance with the provisions of this article.

Secured by other than normal means – a building secured by means other than those used in the design of the building.

Unoccupied – a building which is not being used for a legal occupancy.

Unsecured – a building or portion of a building that is open to entry by unauthorized persons without the use of tools.

Vacant building – a building or portion of a building that is:

(1) Unoccupied and unsecure;

(2) Unoccupied and secured by other than normal means;

(3) Unoccupied and a dangerous building or structure;

(4) Unoccupied and condemned;

(5) Unoccupied and is in violation of city code or zoning; or

(6) Condemned and illegally occupied.

The term “vacant building” does not include any building under construction pursuant to a valid permit which has been issued by the city and during the period that permit is valid.

Source:  Ord 936

Authority SDCL 9-29-1, 9-33-9

L-3-103 Vacant or dangerous buildings prohibited

Vacant or dangerous buildings or structures as defined in this chapter are declared to be a nuisance and prohibited.

Source:  Ord 936

Authority SDCL 9-29-1, 9-19-3, 9-29-13, 21-10-1, 21-10-6

L-3-104 Notification and removal of violation

The Public Works Department shall give written notification to the owner of a building or structure that it has been determined to be vacant or dangerous.  Upon receipt of such written notification, the owner shall have 10 days to respond to the Public Works Department regarding the notification that the building or structure is in violation of this chapter and show good cause why the building or structure is not dangerous or vacant and that the City should not commence legal action to remove the nuisance.  If the owner fails to respond or if the owner does respond and the Public Works Department determines the owner’s response to the condition is inadequate, the owner must remove or discontinue the violation within the next 30 calendar days or provide within that 30 calendar day period construction plans prepared by licensed professionals including a construction schedule that shall not exceed 180 calendar days from the date of the notification for abating the violation.  If the owner fails to correct or remove the violation or fails to provide acceptable construction plans and a construction schedule prepared by licensed professionals within the 30 calendar day period for responding to the notice of violation, or fails to appear or show good faith effort in abating the violation, the City may commence a civil action to abate and remove the nuisance, and shall be entitled to recover its entire costs incurred in doing so, and in addition the owner will be subject to a fine in the amount of $200, and an additional fine of $200 for each calendar week thereafter that the violation continues to exist without full abatement. The fines shall be imposed beginning 40 calendar days after the date of the notification issued from the Public Works Department.

Source:  Ord 936, 1007

Authority SDCL 9-29-1, 9-19-3

L-3-105 Exemptions

A building that has suffered fire, flood, or natural disaster damage will be exempt from requirements of this chapter, for not more than 90 days after the date of the event, if the property owner submits a request for exemption in writing to the City. This request must include the following information supplied by the owner:

(1) A description of the premises;

(2) The names and addresses of the owner or owners;

(3) A statement of intent to repair and reoccupy the building in an expedient manner and setting out a timeline and plan for doing so; and

(4) The name of the insurer, if any, and a statement by such insurer whether the cost of repair is to be in whole or in part by insurance benefits.

Source:  Ord 936

Authority: SDCL 9-29-1, 9-19-3

L-3-106 Inspections

The City may inspect any building or structure for the purpose of enforcing and determining compliance with the provisions of this chapter.

Source:  Ord 936

Authority: SDCL 9-29-1, 9-19-3, 9-33-10, 9-33-4.1

L-3-107 Alternative procedures

Nothing in this section shall be deemed to repeal, abolish or impair any other existing remedies of the City.

Source:  Ord 936

Authority: SDCL 9-29-1, 9-19-3

L-3-108 Violation

Any person in violation of any section within this chapter shall in addition to those penalties contained in this chapter be subject to penalty as provided in chapter T. Each 30 day violation, failure, refusal, or neglect to comply with any provision of this chapter shall constitute a separate and distinct offense.

Source:  Ord 936

Authority: SDCL 9-19-3

L-3- 109 Severability

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstance shall not be affected thereby.
L-3- to L-3-199 Reserved.L-3-110 Appeals Procedure

Appeals to this section may be brought in accordance with Section 112 of the Existing Building Code as adopted in Chapter P-1-2 of this code.

Source:  Ord 936

Authority: SDCL 11-10-5, 9-33-4.1, 9-33-4.2

L-3-111 Severability

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstance shall not be affected thereby.

Source:  Ord 936

L-3-112 to L-3-199 Reserved.