L-2 WEEDS AND TREES

L-2-1 PURPOSE

The purpose of this chapter is to promote the health, safety, and general welfare of the citizens of the City of Fort Pierre by the requirement that all weeds and overgrown trees be adequately maintained or removed or declared a nuisance.

Source:

Authority: SDCL 9-29-13, 9-32-1, 9-32-12

L-2-2 DEFINITIONS

A. “Ground cover” shall mean planted or cultivated plants that do not exceed eighteen (18) inches in height.

B. “Shrubbery” shall mean plants having a woody stem, growing in hedge rows or clumps, not exceeding six (6) feet in width, used for privacy, decoration, and wind shelter.

C. “Trees” shall mean plants having a single woody trunk, normally reaching heights in excess of ten (10) feet.

D. “Overgrowth” shall mean the growth of any plants to an extent that generally exceeds eighteen (18) inches in height for ground cover, or blocks view from motor vehicles to a degree that seriously impairs necessary vision from passing motor vehicles, or grows in such a manner as to provide a haven for undesirable animals.

E. “Weed” shall mean any plant with undesirable characteristics such as thorns or burrs, offensive odor, pollen which causes extreme discomfort, irritating or poisonous sap or components, parasitism, or vining entangling growths, or which compete with lawns and other beneficial vegetation to the detriment of such vegetation, the beneficial aspects of which are minor in relations to the negative characteristics.

Source:

Authority: SDCL 9-32-12

L-2-3 REMOVAL

The owner of every lot or tract of land in the City of Fort Pierre shall remove all weeds and eliminate overgrowth on said lot or tract of land.

Source:

Authority: SDCL 9-32-12

L-2-4 NEGLECT TO REMOVE WEEDS

If any owner of any lot or tract of land within the City of Fort Pierre shall neglect or fail to destroy such weeds or maintain all weeds less than ten (10) inches in height for the growing season, the weeds will be cut and destroyed by City employees with the authority and under the direction of the Director of Public Works or his designee. The cost thereof shall be charged to the lot or parcel of ground upon which such weeds were destroyed and against the property abutting upon the street from which weeds are cut by the City. The cost of the destruction of such weeds shall be the cost on file in the City Finance Office, which cost shall be determined annually by the City Council. Such lien shall accumulate interest at the rate of eighteen percent (18%) per annum until paid. The Director of Public Works or his designee shall make a return of such costs and shall file the same with the City Finance Officer or his designee who, in turn, shall state the costs to be charged to each lot and tract of land, and the said tax shall be certified by the City Finance Officer or his designee to the County Auditor or his designee, together with other taxes under a separate column headed for the destruction of noxious, dangerous, and unhealthy vegetation, and such taxes shall be collected as other taxes in and for the City of Fort Pierre. The City Finance Officer or his designee shall also file a tax lien with the County Register of Deeds.

Source:

Authority: SDCL 9-32-12

L-2-5 TRIMMING OF TREES REQUIRED – CITY TRIMMING AT OWNER’S EXPENSE

The occupant of any private premises, or the owner of the same if not occupied, abutting on any public street, road, or alley within the City shall keep all trees standing upon such premises or between the same and the center of the adjoining street, road, or alley so trimmed that no bough or branch thereof shall be lower than ten (10) feet above the surface of the street, road, or alley and eight (8) feet over any sidewalk thereon and shall keep all such trees trimmed so that no trunk, limb, or branch thereof shall in any way or at any time come in contact with any street lighting, power, or other electrically charged wire when such wires are lawfully strung on posts located on any public street, road, or alley or between the lot lines and curb of any street. Upon the failure of any occupant or owner to trim such trees as in this section provided, the City of Fort Pierre shall declare such trees to be a public nuisance and shall have the authority to remove or cause to be removed, under its supervision, any trunk, limb, or branch of any tree that is or, in the judgment of the City, may at any time come in contact with an electrically charged wire or which shall extend or hang lower than ten (10) feet above the surface of any street, road, alley, and eight (8) feet over any sidewalk, whether such trees be growing on privately owned property or on public property. The cost thereof shall be charged to the lot or parcel of ground upon which such trees were or are located. The cost of the removal of any trunk, limb, or branch shall be the cost on file in the City Finance Office, which cost shall be determined annually by the City Council. Such lien shall accumulate interest at the rate of eighteen percent (18%) per annum until paid. The Director of Public Works or his designee shall make a return of such costs and shall file the same with the City Finance Officer or his designee, who shall certify the costs to be charged to each lot and tract of land to the County Auditor, together with other taxes under a separate column headed for the destruction of trunk, limb, or branch, and such taxes shall be collected as other taxes in and for the City of Fort Pierre. The City Finance Officer or his designee shall also file a tax lien with the County Register of Deeds.

Source: Ord. 809, 957

Authority: SDCL 9-32-12

L-2-6 DECLARATION OF POLICY ON REMOVAL OF DEAD OR DISEASED TREES

The City Council does hereby determine that dead or diseased trees within the corporate and territorial limits of the City of Fort Pierre located upon public and private property would substantially depreciate the value of property within said limits and impair the health, safety, general welfare and convenience of the public. It is declared to be the intention of the City Council to require the removal of dead or diseased trees.

Source: Ord 955

Authority: SDCL 9-1-1, 9-19-3, 9-29-13, 9-32-1, 9-32-12

L-2-7 PUBLIC NUISANCES DECLARED

The following are hereby declared to be public nuisances:

A. Any living or standing tree or part thereof that is infected with disease or any tree that is dead.

B. Any dead tree or part thereof including logs, branches, stumps, or other material.

Source:  Ord 955

Authority: SDCL 9-29-13, 9-32-1, 9-32-12

L-2-8 NUISANCES PROHIBITED

No person shall permit any public nuisance as defined in this chapter to remain on the premises owned or controlled by him within the City.

Source:  Ord 955

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

L-2-9 INSPECTION

The City shall inspect or cause to be inspected all premises and places within the City at least once each year to determine whether any public nuisance as defined in this article exists thereon, and shall also inspect or cause to be inspected any tree reported to be dead or diseased.

Source:  Ord 955

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

L-2-10 ABATEMENT OF NUISANCES

If the City shall determine, upon inspection or examination, that any public nuisance as herein defined exists in or upon any public street, alley, or City park, including the parking between curb and lot line, not abutting upon property of another governmental subdivision, the City shall immediately cause it to be removed and burned or otherwise abate the same.

Source:  Ord 955

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

L-2-11 NOTICE TO ABATE

If the City shall determine, upon inspection or examination, with reasonable certainty that any public nuisance as herein defined exists in or upon private premises within the City, the City shall serve or cause to be served, either personally or by United States certified mail, upon the owner of such property, if he can be found, or upon the occupant thereof, a written notice to abate such nuisance within seven (7) days of said notice for hazardous trees and thirty (30) days of said notice for all other trees.

Source:  Ord 955

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

L-2-12 DETERMINATION OF DISEASE

If the City is unable to determine with reasonable certainty whether or not a tree in or upon private premises is infected with disease, the City is authorized to remove or cut specimens from said tree, and shall forward such specimens for diagnosis and report to the Plant Pathology Department of the South Dakota State University and shall proceed as herein provided upon receipt of a positive report from the University.

Source:  Ord 955

Authority: SDCL 9-32-1

L-2-13 ABATEMENT BY CITY

If the owner or occupant of the property upon which any nuisance exists in violation of this chapter shall fail to abate such nuisance within the time specified in the notice, the City shall cause the same to be removed and burned or otherwise abated. No damages shall be awarded to the owner or occupant for destruction of any tree or any part thereof pursuant to this section.

Source:  Ord 955

Authority: SDCL 9-29-13, 9-32-1, 21-10-6

L-2-14 EFFECT OF ABATEMENT

All abatements made under the provisions of this chapter shall be made in such manner as to destroy or prevent as fully as possible the spread of disease or the insect pests or vectors known to carry such disease fungus.

Source:  Ord 955

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

L-2-15 ASSESSMENT OF COST OF ABATEMENT

The costs of abating any public nuisance as defined in this chapter shall be borne as follows:

A. The entire cost of any abatement of a public nuisance as herein defined on trees in or upon any public street, alley, or City park, including the parking between curb and lot line, not abutting upon property of other governmental subdivisions, shall be borne by the City.

B. The cost of any abatement of a public nuisance as herein defined on property belonging to another governmental subdivision and upon the parking between curb and lot line abutting upon property of another governmental subdivision shall be borne and paid by the owner thereof.

C. The cost of any abatement of a public nuisance as herein defined on any private property shall be borne by the owner or owners of said property and shall be assessed against said property as hereinafter provided. If any part of a tree constituting a nuisance hereunder shall be located on a property line, the owners of said property on either side of said line shall share equally in the cost of abatement.

Source:  Ord 955

Authority: SDCL 9-29-13, 9-32-1, 21-10-6

L-2-16 REPORTING OF COSTS

The Director of Public Works or his designee shall keep strict account of the costs of work done under this chapter for which assessments are to be made, stating and certifying the description of the land, lots, parts of lots, or parcels of land, and the amounts chargeable to each. The Director of Public Works or his designee shall include in his report to the City Council the aggregate amounts chargeable to each lot or parcel as recorded by him. The City Finance Officer or his designee shall thereupon certify said account, showing the amount, the description of the property, and the owner thereof, to the County Auditor, who shall thereupon add such assessment to the general assessment against said property to be collected as municipal taxes for general purposes.

Source:  Ord 955

Authority: SDCL 9-29-13, 9-32-1, 21-10-6

L-2-17 FINANCING

The costs of the City of Fort Pierre in performing the functions required hereunder may be financed from a special fund as authorized by state law, from general revenue or other special funds, or other special funds, or from any combination of these sources.

Source:  Ord 955

Authority: SDCL 9-19-3, 9-29-13, 9-32-1

L-2-18 TRANSPORTING OF ELM WOOD CONTROLLED

It shall be unlawful for any person to transport within the City any bark-bearing elm wood without first obtaining approval from the Director of Public Works or his designee.

Source:  Ord 955

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

L-2-19 SANITIZED EQUIPMENT

All equipment used in pruning or otherwise working upon dead or diseased trees shall be sanitized after such use.

Source:  Ord 955
Authority: SDCL 9-32-1