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South Dakota

TITLE IV

BOARD OF HEALTH, HEALTH REGULATIONS, AND NUISANCES

Chapter 4.02     Weeds and Noxious Vegetation

4.0201     Nuisance Declared

All weeds or plants declared to be primary noxious weeds or secondary noxious weeds by the State or County Weed Board and all other weeds suffered to grow during the growing season and all grass allowed to grow to a length exceeding eight (8) inches in height shall be deemed noxious, dangerous, and unhealthful vegetation and are hereby declared to be nuisances.

4.0202     Duty of Owner or Occupant          

No owner of any lot, place or area within the City or the agent of such owner or the occupant of such lot, place or area, shall permit on such lot, place or area or upon any sidewalk abutting the same any weeds, tall and undesirable grass or deleterious or unhealthful growths exceeding eight (8) inches in height or other noxious matter that may be growing, lying or located thereon.

4.0203           

          (a)  The City code enforcement official or his/her authorized representative shall, during the month of May, by general public

                 notice require all nuisance vegetation to be cut, removed or sprayed as required by this chapter.

          (b)  Such public notice shall be given generally by publication in the official newspaper once a week for two consecutive

                 weeks.

          (c)  The notice shall provide that during the growing season every occupant,person in charge or owner of any lot who fails to

                 cut, remove or spray nuisance vegetation is in violation of this chapter, and shall further provide that in case of failure to

                 cut or destroy such vegetation the city will cause the same to be cut and assess the costs thereof including the costs of

                 levying such assessment against the property benefited.

4.0204

          (a)  Any occupant, person in charge or owner of any lot in violation of this chapter shall receive written notice from the City

                code enforcement official or his authorized representative of such violation.

          (b)  The occupant, person in charge or owner shall within forty-eight (48) hours after the service of such notice cut, remove or

                 spray as required all nuisance vegetation.

          (c)  The notice shall provide that the occupant, person in charge or owner of any lot shall cut, remove or spray the nuisance

                vegetation within forty-eight (48) hours after the service of such notice, and shall further provide that in case of failure to

                cut or destroy such nuisance vegetation the city will cause the same to be cut and assess the cost thereof including the

                costs of levying such special assessment against the property benefited.


          (d)  Service of such notice may be accomplished by personally delivering the notice upon either the occupant, person in

                charge or owner of any lot.  Personal service upon any one occupant, person in charge or owner of any lot shall constitute

                service upon all.  Service of such notice may also be accomplished by securely posting the notice in a conspicuous place

                on the affected premises.

4.0205     Weeds and Grass May be Cut by the City

If the occupant, person in charge, or owner of any lot fails to cut weeds, noxious vegetation and grass exceeding eight (8) inches in length upon any such lot as required, the City code enforcement official may cause such weeds, grass, and noxious vegetation to be cut or destroyed, and for such purpose may enter upon any such lot or parcel of land.

The fees assessed for the cutting of such weeds, grass, and/or noxious vegetation shall be set by the City 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 the means of special assessment.

4.0206     Cost Assessed for Noxious Vegetation Cutting

The City Code Enforcement Officer or the City Health Officer shall cause an account to be kept against each lot for the destruction or mowing of noxious weeds or grass upon said lot as herein provided and shall certify the same to the City Finance Officer upon the completion of the work in destroying such weeds or mowing and abating such nuisance.

The City Finance Officer shall prepare an estimate of the assessment against each lot for the destruction or 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 it’s approval on or before the 1st day of November of each year.

The City Finance Officer 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 name 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 City Finance Officer.

From the date of the approval of filing of such assessment roll with the City Finance Officer, 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.

4.0207     Recover by City

In lieu of spreading the cost of the destruction of such weeds and grass and other deleterious matter against said property in the discretion of the city council, said amount may be recovered in a civil action against the owner or occupant of such property.

4.0208     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.