Chapter 8.03 Premises and Buildings
8.0301 Maintenance and Sanitation of Premises and Buildings by City
The City of Scotland is required 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 or surrounding properties.
8.0302 Property Definitions
Building: Any structure designed or intended for support, enclosure, shelter or protection of persons or property.
Premises: A lot or parcel of land, improved or unimproved, parking areas thereon, walkways, and sidewalks.
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.
Building Official: As used in this ordinance, shall be construed to mean any city official authorized by the City Council of his jurisdiction with the enforcement of this code.
Abandoned Motor Vehicle: A motor vehicle that is in an inoperable or unusable condition and is not currently licensed and is left on public property longer than forty-eight (48) hours or on private property for more than ten (10) days.
8.0303 Personal Property Maintenance
It shall be unlawful for any person owning, leasing, occupying or having charge or possession of any building or premises in the city to keep or maintain such building or premises in a manner which is at variance with and inferior to the level of maintenance of surrounding properties.
8.0304 Enumeration of Conditions Constituting Nuisance
A building or premises 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 conditions:
1) buildings which are abandoned, boarded up, partially destroyed or partially constructed and uncompleted subsequent to the expiration of building permit;
2) broken windows, doors, attic vents, and underfloor vents;
3) overgrown vegetation which is unsightly and/or likely to harbor rats or vermin;
4) dead, decayed or diseased trees, weeds or other vegetation;
5) lumber, junk, trash, debris or salvage materials maintained upon any premises which is visible from a public street, alley or adjoining property;
6) 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;
7) abandoned, wrecked, dismantled or inoperative trailers, campers, boats, and other motor vehicles which are accumulated or stored in non-commercial yard areas visible from a public street or adjoining premises;
8) building exteriors, walls, fences, driveways or walkways which are defective or deteriorated or in disrepair or defaced; and
9) any like and similar condition or conditions.
8.0305 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:
1) failing, refusing or neglecting to keep the sidewalk in front of a house, place of business or premises in a clean and safe condition;
2) maintaining upon a premises 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; and
3) 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 landscaping upon premises in which case it shall be the duty of the owner, lessee, occupant, or persons in possession of premises where the waste materials exist, to maintain weed control during 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 clean-up weeks as set by the City Council for the purpose of maintaining weed and rodent control.
8.0306 Right of Entry
Whenever necessary to make an inspection to enforce any of the provisions of this ordinance or whenever the building official or his/her authorized representative has reasonable case to believe that there exists in any building or upon any premises, any condition which is prohibited under this ordinance, the building official or his/her 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 ordinance; provided that if such building or premises be occupied, he/she shall first present proper credentials and demand entry.
If such building or premises be unoccupied, he/she 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’s official or his/her authorized representative shall have recourse to every remedy provided by law to secure entry.
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 herein provided, to properly permit entry therein by the building official or his/her authorized representative for purpose of inspection and examination pursuant to this ordinance. Any person violating this subdivision shall be guilty of a misdemeanor.
8.0307 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:
1) 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 sixty (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.
2) 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 to be reasonable.
3) If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine reasonable (not to exceed sixty (60) days from the date of the order); that all required permits be secured therefore within sixty (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.
8.0308 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 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.
8.0309 Right of Appeal from Building Official’s Determination
The owner or any person affected shall have the right of appeal to the City Council 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 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 Council by the Finance Officer at its next regular meeting. The City Council shall determine by resolution whether the building official shall proceed in accordance with the abatement notice, or as modified by the Council, or not at all, and its decision thereon shall be final and conclusive.
8.0310 Abatement by City
In the event a person shall fail to abate any nuisance created, permitted or maintained by him/her following written notice to him/her to do so, the building official shall cause such nuisance to be abated.
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 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 that they may be easily identified.
8.0311 Alternate Abatement Procedure
In addition to any method of abatement of nuisances within the city provided by the provisions of this ordinance, any nuisance found within the city may be abated in the manner provided by state law.
8.0312 Notice Equalization of Assessment
Within ten (10) days after the filing of the statement referred to in Section 8.0310 of this ordinance, the 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/her last known address or to general delivery (Scotland, South Dakota) if such address is unknown.
8.0313 Equalization of Assessment, Hearing
The owner or any person affected shall have the right to appeal to the City Council 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 Finance officer within ten (10) days after notice. Such objections shall be presented to the City Council by the Finance Officer at their next regular meeting. The City Council shall determine by resolution the assessment and shall proceed to place a lien against said property until the assessment is paid.
8.0314 Recovery of Expense - 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.
8.0315 Recover of Expense - Civil Suit
The city may recover the expenses incurred by the building official in abating any nuisance under the provisions of this ordinance from the person creating, permitting or maintaining the same in a civil suit instituted for such purpose.
8.0316 Dangerous Buildings Defined
All buildings or structures which have any or all of the following defects shall be deemed “dangerous buildings”:
1) Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
2) Those which, exclusive of the foundation, show thirty-three percent (33%) or more damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering.
3) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
4) Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the City of Scotland.
5) Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.
6) Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
7) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.
8) Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
9) Those which because of condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the City of Scotland.
10) Those buildings existing in violation of any provision of the Building Code of this city, or any provision of the fire prevention code or other ordinances of this city.
SIDEWALKS,STREETS AND ALLEYS, AND BUILDINGS