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HomeMy WebLinkAboutOrdinance 36-2008 ORDINANCE NO. 36-08 AN ORDINANCE AMENDING AND REVISING VARIOUS BUILDING, PROPERTY MAINTENANCE AND NUISANCE ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA,THAT THE FOLLOWING SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS ARE HEREBY AMENDED AS FOLLOWS: I. CHAPTER 22, BUILDING AND BUILDING REGULATIONS ARTICLE V. PROPERTY MAINTENANCE Division 1. Generally SECTION 22.291. Definitions. Building official means, any city official designated by the city manager who shall be charged with the administration or enforcement of this article. SECTION 22-292. Purpose of article. The purpose of this article is to protect,promote and enhance the welfare, safety,health and property of the general public. (Code 1996, § 10-71) SECTION 22-293. Right of entry. (a) Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever the building official 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 may enter such building or premises at all reasonable times to inspect or to perform any duty imposed upon the building official by this article;provided,however, that if such building or premises is occupied, the building official shall first present proper credentials and demand entry; and if such building or premises is unoccupied,the building official 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 shall have recourse to every remedy provided by law to secure entry. (b) No owner or occupant or any other person having charge or care of any building or premises shall fail or neglect, after proper demand made as provided in this section, to properly permit entry therein by the building official for purpose of inspection and examination pursuant to this article. Division 3. Standards and Requirements SECTION 22-341. Maintenance of premises and buildings generally. 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 so as to be injurious to the health,or to be indecent or offensive to the senses, or to interfere with the comfortable enjoyment of life or property. (Code 1996, § 10-73) SECTION 22-342. Enumeration of conditions constituting nuisance. A building or premises is maintained or kept in a manner so as to be injurious to the health, or to be indecent or offensive to the senses, or to interfere with the comfortable enjoyment of life or property and is declared to constitute a public nuisance where there exists upon any building or premises any of the following conditions: (1) Buildings which are abandoned,boarded up,partially destroyed or partially constructed and uncompleted subsequent to the expiration of a building permit. (2) Buildings with deteriorating or peeling paint that allows the exterior building coverings to deteriorate or to pe.tt,it the effects of sun and water penetration so as to encourage decay, dry rot,warping and cracking. (3) Broken windows, doors, attic vents and underfloor vents. (4) Overgrown vegetation which is unsightly and/or likely to harbor rats or vermin. (5) Dead, decayed or diseased trees,weeds and other vegetation. (6) Trash,garbage or refuse cans,bins,boxes,bags or other such containers permanently stored in front yards visible from public streets. (7) Lumber,junk, trash, tires, debris or salvage materials maintained upon any premises which is visible from a public street, alley, or adjoining property. (8) 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. (9) Premises having a topography,geology or configuration which as a result of grading operations or improvements to the land causes erosion, subsidence, unstable soil conditions or surface or subsurface drainage problems as to pose a threat to or be injurious to adjacent premises. (10) Abandoned,wrecked, dismantled or inoperative trailers, campers,boats and other motor vehicles which are accumulated or stored in yard areas. (11) Building exteriors,walls, fences, driveways, or walkways which are cracked, broken, defective, or deteriorated,in disrepair or defaced. (12) Any like and similar conditions. II. CHAPTER 42, HEALTH AND SANITATION ARTICLE IV. NUISANCES AND OFFENSIVE CONDITIONS DIVISION 2. ABATEMENT SECTION 42-171. Notice to abate. (a) Issuance. Whenever the board of health, deputy health officer, director of solid waste management, or any person designated by the city manager who shall be charged with the administration or enforcement of this article, shall find a nuisance exists within the city, it shall give written notice to the person creating, permitting or maintaining such nuisance to abate the nuisance within a reasonable time as provided in such notice. (b) Noncompliance. It shall be unlawful for any person who is served a written notice to abate a nuisance under the provisions of this article to fail to do so within the time allowed in such notice. (Ord. No. 7-00, §§ 18-39, 18-40, 3-27-2000) SECTION. 42-172. When 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 found, the board of health, deputy health officer, director of solid waste management, or any person designated by the city manager who shall be charged with the administration or enforcement of this article, may 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 permitted such nuisance to exist. (Ord. No. 7-00, § 18-41, 3-27-2000) SECTION 42-173. By board and city officials. If a person shall fail to abate any nuisance created, permitted or maintained by them following written notice to them so to do, the board of health, deputy health officer, director of solid waste management, or any person designated by the city manager who shall be charged with the administration or enforcement of this article, shall cause such nuisance to be abated. (Ord. No. 7- 00, § 18-42, 3-27-2000) SECTION 42-175. Recovery of expenses. The city may recover the expenses incurred in abating any nuisance under the provisions of this article,including costs and attorney's fees, from the person creating,permitting or maintaining the nuisance through municipal or State law abatement procedures or by use of other collection procedures,including a civil action instituted for such purpose. SECTION 42-176. Notice of condemnation of premises unfit for human habitation. (a) Whenever the health officer, deputy health officer, director of solid waste management or any person designated by the city manager who shall be charged with the administration or enforcement of this article, finds that any house, building or premises within the city constitutes a hazard to the health, safety or welfare of the occupants, or to the public, because it lacks maintenance, or is dilapidated, unsanitary, vermin-infested, rodent-infested, or because it lacks the sanitary facilities and equipment required by city ordinances or state law,they, or either of them, may condemn such building or premises as unfit for human habitation. It shall be unlawful to again occupy such building until it or has been made to conform with applicable law or is otherwise fit for human habitation. (b) Any house, building or premises condemned as unfit for human habitation shall be posted with a placard of condemnation by the health officer, the deputy health officer, the director of solid waste management, or any person designated by the city manager who shall be charged with the administration and enforcement of this article, (c) Whenever the health officer, deputy health officer, director of solid waste management, or any person designated by the city manager who shall be charged with the administration or enforcement of this article, has condemned a house, building or premises as unfit for human habitation, notice shall be given to the owner of such condemnation and the building or premises shall be placarded as unfit for human habitation. Such notice shall: (1) Be in writing; (2) Include a description of the real estate sufficient for identification; (3) Include a statement of the reasons why it is being issued; (4) Include a description of the repairs and improvements required to bring the condemned house, building or premises into compliance with the provisions of health, housing maintenance or other applicable ordinances of the city or state of South Dakota. (d) Service of notice of condemnation shall be made by delivery to the owner personally, or by depositing the notice in the United States mail, addressed to the owner at its last known address, or by posting and keeping posted for 24 hours, a copy of such notice in placard form in a conspicuous place on the condemned premises. (Ord. No. 7-00, § 18-48, 3-27-2000) SECTION 42-177. Vacation of condemned houses,buildings or premises. Any house, building or premises which has been condemned and placarded as unfit for human habitation by the health officer, deputy health officer, director of solid waste management, or any person designated by the city manager who shall be charged with the administration or enforcement of this article, shall be vacated within a reasonable time as required. No person shall occupy any house,building or premises which has been condemned and placarded by the enforcing officer or its representative after the date set forth in the placard of condemnation. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned and placarded as "unfit for human habitation." Such placard shall only be removed by the enforcing officer or its representative. (Ord. No. 7-00, § 18-49, 3-27-2000) SECTION 42-178. Right of appeal. The owner or any other person affected by a determination that a house, building or premises has been condemned as unfit for human habitation shall have a right of appeal to the board of health for investigation and review of the determination of condemnation. Such appeal shall be in writing, shall state the objections of the person filing the appeal, shall be filed with the city clerk within the ten days after the date of either posting, publishing, serving or mailing of the notice of condemnation, and shall be presented to the board of health at its next regular meeting. The board of health shall determine by resolution whether the city official proceeded correctly, or whether any modification is necessary, and its decision shall be final and conclusive. (Ord. No. 7-00, § 18-50, 3- 27-2000) Secs. 42-179--42-210. Reserved. SECTION 42-179. Historic Landmarks. Prior to the abatement of any nuisance upon property,it shall be determined whether the property has been designated as a state,local or national historic property. If it is determined that the property which is the subject of nuisance abatement is a state,local or national historic property, then the abatement may proceed provided the provisions of Article III of Chapter 46 of the Code of Ordinances are addressed prior to the commencement of nuisance abatement procedures. III. CHAPTER 62 PARKS,RECREATION,VEGETATION AND FORESTRY ARTICLE III. VEGETATION DIVISION 2. WEED CONTROL* SECTION 62-87. Notice to remove weeds or grass. A code enforcement officer or any person designated by the city manager who shall be charged with the administration or enforcement of this article is authorized to notify,by any reasonable means, the owner of any such lot,place or area within the city, or the agent of such owner or the occupant of such premises,to cut, destroy or remove any such nuisance weeds or grass found growing,lying or located on such property or upon the sidewalk abutting same. SECTION 62-88. Action upon noncompliance. Upon failure, neglect or refusal of any owner, agent or occupant ftetifted to comply with the provisions of this division code enforcement officer or any person designated by the city manager who shall be charged with the administration or enforcement of this article is authorized and empowered to provide for the cutting, destroying or removal of such weeds or grass and to defray the cost of the destruction thereof by billing the owner, agent or occupant or by use of other collection procedures,including civil action, as provided in this division. (Code 1996, § 26-33) SECTION 62-89. Costs for grass and weed removal subject to collection. The city manager or a city official designated by the city manager shall cause an account to be maintained against each lot for the destruction of tall and undesirable grass or noxious weeds upon such lot under the provisions of this division. Failure to remit payment of the balance of the account within 30 days of billing shall constitute a violation of this division, and the property owner or occupant shall be subject collection procedures in accordance with this division. (Code 1996, § 26-34) SECTION 62-90. Recovery of expenses. The cost of the cutting or destruction of such noxious weeds under the provisions of this division against such property may be recovered through municipal or State law abatement procedures or by use of other collection procedures,including a civil action instituted for such purpose. IV. CHAPTER 74 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE V. SIDEWALKS DIVISION 2. SNOW AND ICE REMOVAL SECTION 74-213. City's cost assessed. The city manager or a city official designated by the city manager shall cause an account to be maintained for the property owner or occupant of each lot which requires city snow removal. Failure to remit payment of the balance of the account within 30 days of billing shall constitute a violation of this division, and the property owner or occupant shall be subject to lien and collection procedures in accordance with this article. (Code 1996, § 33-74) SECTION 74-214. Hearing for approval of assessment. If the city manager determines that an unpaid account for city snow removal shall be collected by special assessment, the city official designated by the city manager shall prepare an estimate of the assessment against such lot for the removal of snow which has not been paid by the owner or occupant and shall submit the estimate to the city council for its approval in accordance with the procedure for special assessments. SECTION 74-217. Recovery by city. The cost of snow removal shall be at the discretion of the city. Such amount may be recovered through municipal or State law abatement procedures or by use of other collection procedures, including a civil action instituted for such purpose. V. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: September 9, 2008 SECOND READING: September 23,2008 PUBLISHED: September 26, 2008 CITY OF BROOKINGS, SOUTH DAKOTA Scott sterman,Mayor SS J1-M-•N\{ 1 iA • �n i G :: ornes, City Clerk