Loading...
HomeMy WebLinkAboutOrdinance 40-1983 / ; . . . � ORDINANCE NO. 40-83 AN ORDINANCE ESTABLISHING REQUIREMENTS FOR THE MAINTENANCE OF PROPERTY AND SANITATION OF PREMISES AND BUILDINGS WITHIN THE CITY OF BROOKINGS. I . ARTICLE V. MAINTENANCE AND SANITATION OF PREMISES AND BUILDINGS. Sec. 10-71. Purpose The purpose of this ordinance 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 variance with and inferior to the level of maintenance of surrounding properties . Sec. 10-72 . Definitions. a. , Building. Any structure designed or intended for the support, enclosure, shelter or protection of persons or property. b. Premises . A lot or parcel of land, improved or unimproved, parking areas thereon, walkways, and sidewalks. c. Sidewalk. A strip of property lying in front of and between the curb line and property line of the adjoining or abutting lot, piece, or parcel of land within the City. d. Building Official . As used in this article shall be construed to mean the city health officer, the housing officer, the fire chief, the bu.ilding official , their. respective authorized represer�tatives, or any other city official authorized by the lecislative body of this jurisdiction with the enforcement of this Code . Sec. 10-73 . 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 which is at variance with and in.ferior to the level of maintenance or surrounding �roperties . Sec. 1-74 . Enumeration. A building or premise 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 or conditions : (a) Buildings which are abandoned, boarded up, partially destroyed or partially constructed and uncompleted sub- sequent to the expiration of building permit. (b) 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, warping and cracking; (c) Broken windows ,doors, attic vents and underfloor vents; (d) Overgrown vegetation which is unsightly and/or likely to harbor rats or vermin; (e) Dead, decayed or diseased trees, weeds and other vegetation; (f) Trash, garbage or refuse cans, bins, boxes, bags, or other such containers permanently stored in front yards visible from public streets . -1- ! ; � (g) Lumber, junk, trash, tires, debris or salvage materials maintained upon any premises which is visible from a public street, alley, or adjoining property; (h) 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 ; (i) Premises having a topography, geology or configuration which as a result of grading operations or improvements to the land causes erosion, subsidance ,unstable soil conditions or surface or sub-surface drainage problems as to pose a threat to or be injurous to adjacent premises; (j) Abandoned, wrecked, dismantled or inoperative trailers, campers, boats and other motor vehicles which are accumulated or stored in yard areas ; (k) Building exteriors, walls, fences, driveways, or walkways which are cracked, broken, defective, or deteriorated, in disrepair, or defaced. (1) Any like and similar condition or conditions . Sec. 10-75. Sanitation of premises and buildings required. It shall be unlawful to permit by act or omission the following specific acts, conditions and things which are hereby also declared to be public nuisances : a. Failing, refusing, or neglecting to keep the sidewalk in front of a house, place of business, or premises in a clean and safe condition. b. Maintaining upon a premise 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 . 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 land- scaping 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 year it shall be the duty of the owner, lessee, occupant or person in possession of said premises to level or remove the waste materials from said premises at least once each year during the months of either June, July or August for the purpose of maintaining weed and rodent control . Sec. 10-76 . Enforcement of article . The Building Official is hereby authorized and directed to administer and enforce all of the provisions of this Article. Sec. 10-77 Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Article, or whenever the Building Official or her or his 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 her or his 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, she or he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, she or he shall first make a reasonable effort to locate the owner or other persons -2- . _, having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or her or his 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 sub- division shall be guilty of a misdemeanor. Sec. 10-78. 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 such 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 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. b. If the building official has determined that the building or structure must be vacated, the order shall require that the , building or structure shall be vacated within a certain time from the date of the order as determined by the building i official to be reasonable. c. If the building official has determined that the building or structure must be demolished, the order shall reguire that the building be vacated within such time as the building official shall determine reasonable (not to exceed 60 days from the date of the order) ; that all required permits be secured therefor within 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 . Sec. 10-79 . When Notice Waived. Whenever the owner, occupant or agent of any premises in or upon which any �uisance may be found is unknown or cannot be found, 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. Sec. 10-80 . Right of appeal from Building Official ' s determination. The owner or any person affected shall have the right of appeal to the City Commission for investigation and review of the Building Official 's determination. Such appeal shall be in writing, shall state the objections of the person filing the same, shall be filed with the Municipal Finance Officer within ten (10) days after the date of posting, publishing, serving or mailing of Notice to Abate, and shall be presented to the City Commission by the Municipal Finance Officer at its next regular meeting. The City Commission shall determine by resolution whether the Building Official shall proceed in accordance with the Abatement Notice, or as modified by the Commission, or not at all , and its decision thereon shall be final and conclusive. Sec. 10-81. Abatement by City. In the event a person shall fail to abate any nuisance created, permitted or maintained by him following written notice to him to do so, the Building Official shall cause such nuisance to be abated. -3- I , � , . . The Building Official shall prepare a statement of the expense incurred in 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 taht they may be easily identif ied. Sec. 10-82 . 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. Sec. 10-83 . Notice of Equalization of Assessment. Within ten (10) days after the filing of the statement referred to in Section 10-81 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, Brookings, South Dakota, if such address is unknown. Sec. 10-84 . Equalization of Assessment - Hearing. The owner or any person affected shall have the right to appeal to the City Commission 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 ten (10) days after the notice . Said objections shall be presented to the City Commission by the Finance Officer at their next regular meeting. The City Commission shall determine by resolution the assessment and shall proceed to place a lien against said property until the assessment is paid. Sec. 10-85 . 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. Sec. 10-86 . Recovery 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. II. ALL ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED. FIRST READING: December 6, 1983 SECOND READING: December 27 , 1983 AMENDED, PASSED & APPROVED: �Ta_nuary 24,, 1984 �i y o f ro . � ' --�._...___. �-- : , - , j� .. -.....-�- Ma or, o er R. Prun ATTEST: I � '� �' -4- City Fin ce Of ice