Ordinance No. 2018.03
AN ORDINANCE REGULATING NUISANCES AND OFFENSIVE CONDITIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALPENA, SOUTH DAKOTA:
1. PROHIBITED. No person shall create, commit, maintain, or permit to be created, committed, or maintained, any nuisance within the City of Alpena.
2. ILLUSTRATIVE ENUMERATION. Whatever is dangerous to human health, whatever renders the ground, the water, the air, or food a hazard or an injury to human health, and the following specific acts, conditions, and things are, each and all of them, hereby declared to constitute nuisances; provided however, that this enumeration shall not be deemed to be exclusive.
- PLUMBING. Any imperfect, leaking, unclean, or filthy sink, water closet, urinal, or other plumbing fixture in any building used or occupied by human beings.
- AND REFUSE. Depositing, maintaining or permitting to be maintained or to accumulate upon any public or private property any animal or vegetable matter which attends the processing, preparation, transportation, cooking, eating, sale, or storage of meat, fish, vegetables, fruit and all other food and food products found within the City which are likely to cause or transmit disease, or which may be a hazard to health.
- WATER. Any well or other supply of water used for drinking or household purposes which is polluted or which is so constructed or situated that it may become polluted.
UNDRESSED HIDES. Undressed hides kept longer than twenty-four (24) hours, except at the place where they are to be manufactured, or in a storeroom or basement whose construction is approved by the State Health Department.
BREEDING PLACES FOR FLIES. The accumulation of manure, garbage, or anything whatever which are harboring places and breeding areas for flies and rodents.
- WATER. Any water or liquid in which mosquito larvae exist.
- IVY. Permitting poison ivy to grow upon any public or private property.
- ANIMALS. For the owner of a dead animal to permit it to remain undisposed of longer than twenty-four (24) hours after its death.
- POOL OF WATER. Throwing or leaving any dead animal or decayed animal or vegetable matter or any slops or filth whatever, ether solid or fluid, into any pool of water.
- AND CESSPOOLS. Erecting or maintaining any privy or cesspool except such sanitary privies and cesspools, the plans of which are approved by the City Council.
- HANDLING IMPROPERLY. Throwing or letting fall on or permitting to remain on any street, alley, or public ground any manure, garbage, rubbish, filth, fuel, or wood while engaged in or removing any such substances.
- Burning, causing or permitting to be burned without an approved incinerator upon any private or public property, any dirt, filth, manure, garbage, sweepings, leaves, ashes, paper, waste or rubbish of any kind.
- OF GARBAGE. Burning upon any private or public property of any garbage, offal, excrement, fresh or decaying fruits, vegetables, fish, meat or bone, or any foul, putrid or obnoxious liquid or substance.
- SANITARY LANDFILL. Operating or permitting the operation of a private sanitary landfill without controlling rodents, insects and litter; without compacting and covering solid waste each day; and without preventing and prohibiting burned.
- Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any combustible refuse matter such as papers, sweepings, rags, grass, tree branches, wood shavings, wood, magazines, cardboard, etc.
- MATERIAL. All noncombustible inorganic matter such as ashes, glass, sand, earth, stones, concrete, mortar, metals, tin cans, etc.
- Garbage, rubbish, waste material or livestock waste improperly disposed of by discarding, abandoning, allowing to accumulate, scattering or depositing outside an approved container.All weeds or plants declared to be primary noxious weeds or secondary noxious weeds by the State Weed Board, and all other weeds and grass growing upon any lot or parcel of land in the City to a greater height than on (1) foot or which have gone or are about to go to seed. Fallen tree limbs, dead trees and dead tree limbs, which in the opinion of the Mayor or any member of the City Council constitute a health, safety or fire hazard are declared to be a nuisance condition. This section does not prohibit the cultivation of crops.
PROPERTY. Any deteriorated, wrecked, or derelict property in unusable condition, having no value other than nominal scrap or junk value, if any, and which has been left unprotected outside of a permanent structure from the elements, and shall include, without being so restricted, deteriorated, wrecked, inoperative, or partially dismantled motor vehicles, houses, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture and any other similar articles in such condition.
3. NOTICE TO ABATE - - ISSUANCE. Whenever the Mayor or any City Council member shall find that a nuisance exists within the City, the City Finance Officer shall give written notice to the person creating, permitting, or maintaining such nuisance to abate the same. Such notice may be served by mail. Such notice may likewise be served by posting, for twenty-four (24) hours, a copy of such notice upon the premises where the nuisance exists, whenever the owner or agent thereof is not known or cannot be found, and his post office address is unknown.
4. NONCOMPLIANCE DEEMED MISDEMEANOR. If any person who is served a written notice to abate a nuisance under the provisions of this ordinance shall fail to do so within the time allowed in such notice, he shall be deemed guilty of a misdemeanor, punishable by a fine of not to exceed Two Hundred Dollars ($200) or by imprisonment for a period of not exceeding thirty (30) days, or both such fine and imprisonment.
5. ABATEMENT BY CITY; COSTS LEVIED AGAINST PREMISES. When there exists on private property a condition which has been determined a nuisance by the Mayor or any member of the City Council, a notice will be served in the manner specified in Section 3 above. The notice will describe the matter to be removed and require removal thereof within fourteen (14) days. If at the end of said fourteen (14) days the nuisance has not been removed or corrected, the City shall cause the correction or removal and disposition. All costs incurred by the City for the removal and disposition of the nuisance or for correcting the nuisance shall be assessed, levied and collected as a special assessment payable in one sum or by up to five (5) equal annual installments, as the City Council may provide, against the premises from which it was removed, in the manner provided by law for the levy and collection of other special assessments.
6. RESPONSIBILITY OF OWNER, OCCUPANT TO MAINTAIN PREMISES. Every owner and occupant of a single or multiple dwelling shall be responsible for maintaining the areas of the premises in a clean and sanitary condition as specified in this ordinance.
ADOPTED THIS 11th day of April, 2018
CITY OF ALPENA
ATTEST: Randy Peterson
First Reading: April 11, 2018
Second Reading: May 14, 2018