Title 8
HEALTH AND SAFETY
Chapters:
8.04 Board of Health
8.06 Administrative Code Enforcement
8.08 Nuisances
8.12 Garbage
8.16 Garbage Collection
8.20 City Sanitation and Dumping Grounds
8.22 Removal and Disposal of Specific Kinds of Waste
8.24 Abandoned, Wrecked, Dismantled or Inoperative Motor Vehicles
8.28 Property Maintenance
8.32 Operation of Solid Waste Businesses
Chapter 8.04
BOARD OF HEALTH
Sections:
8.04.010 Created– Members.
8.04.020 Terms of office.
8.04.030 Vacancies.
8.04.040 Appointment of health officer.
8.04.050 Authority to require removal of offensive matter from premises.
8.04.060 Service of notices, citations and orders.
8.04.010 Created– Members.
There is created for the city a board of health, to be composed of five members, residents of the city as follows: One alderman from each ward in the city and one active practicing physician located in the city, to be appointed by the mayor. The powers and duties, hereinafter enumerated, shall be subject to the supervision of the State Board of Health of the state. The city finance officer shall be secretary of the board of health.
(Prior code § 6.0101)
8.04.020 Terms of office.
The members of the board of health shall be appointed by the mayor on the first Monday in May of each year, and shall hold office until the first Monday in May next following their appointment, and until their successors shall be appointed and qualified.
(Prior code § 6.0102)
8.04.030 Vacancies.
Should a vacancy occur in the board of health during the year by the death, removal, or inability of any member thereof to perform the duties of his office, the mayor shall appoint a member to fill such vacancy until the first Monday in May next following such appointment.
(Prior code § 6.0103)
8.04.040 Appointment of health officer.
The mayor shall select and appoint at such times as he shall deem advisable, some suitable person to act as health officer for the city, whose duty it shall be to carry out the instructions of the board of health and to cause to be enforced all health ordinances of the city. The physician member of the board may be appointed such health officer.
(Prior code § 6.0104)
8.04.050 Authority to require removal of offensive matter from premises.
The board of health, or the health officer, shall have power and authority to require any person or persons owning property within the city to remove all offensive, dangerous and deleterious matter from the premises, and to that end shall conduct an investigation with the consent of the owner upon any premises or in any building in the city to examine the same, and in case there is found to be any offensive, dangerous, deleterious matter on the premises, or in the building, may direct in writing the removal thereof; and if such person or persons shall neglect or refuse to do so for a period of twenty-four hours after such notice, he, upon conviction thereof shall be punished by a fine or imprisonment as set forth in Chapter 1.16 of this code, together with the expense of removing such nuisance and costs of prosecution, and it is made the duty of the chief of police, under direction of the health officer, to remove and abate such nuisance immediately upon the expiration of twenty-four hours after the notice aforesaid.
(Ord. 23-85: prior code § 6.0105)
8.04.060 Service of notices, citations and orders.
Services of notices, citations and orders in order to carry out the intent of this chapter whenever the ordinance provides that notices, citations and orders are to be made or served by the health officer, such notices, citations and order may be made and served in a like manner and with like effect by the chief of police or his assistants.
(Prior code § 6.0106)
Chapter 8.06 Sections:
8.06.005 Statement of purpose and intent.
8.06.010 Definitions.
8.06.050 General enforcement authority.
8.06.070 General duties.
8.06.100 Authority to inspect.
8.06.150 Administrative citations.
8.06.200 Administrative citation procedures.
8.06.250 Appeal and administrative hearing.
8.06.300 Hearing procedures.
8.06.350 Right of parties at hearings.
8.06.400 Decision.
8.06.450 Report, costs.
8.06.500 Appeal to circuit court.
8.06.550 Administrative citation penalties assessed.
8.06.600 Failure to appeal or pay administrative citation penalties.
8.06.650 Civil penalty– List.
8.06.700 Same– Fines.
8.06.750 Remedies not exclusive.
8.06.005 Statement of purpose and intent.
The city has determined that the enforcement of the city's code is an important public service and is vital to the protection of the public's health, safety and welfare. The city has determined that there is a need for alternative methods of comprehensive code enforcement using both administrative and judicial remedies. The city has also determined that because safety issues may be regulated through an administrative enforcement process, penalties for violation should be enhanced. The code enforcement officer shall be administered by and report to the city attorney. The code enforcement officer shall be appointed by the Redfield mayor and be an employee of the city of Redfield. The appointment of code enforcement officer shall be approved by the Redfield city council.
(Ord. 4-06 (part))
8.06.010 Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meaning given to them in this section, except where the context clearly indicates a different meaning:
"Administrative code enforcement remedies" means administrative citations and civil penalties as contained in this chapter.
"Civil penalty" means the administrative civil penalty assessed and all costs incurred by the city from the first discovery of the violations until compliance is achieved. It includes but is not limited to, staff time and expense in inspecting the property, sending notices, preparing reports and files.
"Code enforcement officer" means any city employee or agent of the city with the authority to enforce any provision of this code and issued notice of violations or administrative citations.
"Responsible party" means any person or persons in charge of the premises or location the person or persons responsible for the event or incident, and includes any of the following:
1. The person or persons who own the property where the violation exists;
2. The person or persons in charge of the premises where the violations exists;
3. The person or persons using the premises when the violation exists;
4. If any of the above is a minor, a parent or guardian of such minor shall be the responsible party;
5. If any of the above is a business entity, the manager or on-site supervisor where the violation exists.
"Rolling twelve-month period" means any twelve consecutive months following a violation.
(Ord. 4-06 (part))
8.06.050 General enforcement authority.
For the purposes of this chapter, any code enforcement officer may issue notices of violation and administrative citations, inspect public and private property, and enforce any available administrative and judicial remedies.
(Ord. 4-06 (part))
8.06.070 General duties.
The general duties of the code enforcement officer shall be but are not limited to the following:
A. To respond to complaints from the public or other city departments and initiate code enforcement action;
B. Investigate alleged violations, perform inspections, conduct interviews, document and photograph evidence and contact responsible party; issue notice of ordinance violations and administrative citations; enforce any administrative and judicial remedies and perform follow-up investigations and ensure remedial action has been taken. The code enforcement officer may be required to seek an administrative inspection warrant pursuant to the procedures provided for in the South Dakota Codified Laws;
C. Assist departments with the abatement of violations; provide surveillance, coordinate investigation and code enforcement activities between departments and municipalities;
D. Recommend changes to policies, procedures, and ordinances as needed where deficiencies are discovered during the administrative and judicial process;
E. Appear as a witness at administrative hearings and judicial proceedings;
F. Maintain a permanent record of all code enforcement activities; including copies of correspondence, notifications, investigative reports, and administrative citations. Prepare and submit statistical reports as required;
G. Perform other such duties and functions as are necessary or incidental to the proper performance of this position.
(Ord. 4-06 (part))
8.06.100 Authority to inspect.
Code enforcement officer may enter upon any property and make any examination and surveys necessary to perform their enforcement duties. Inspections may include the taking of photographs, samples, or other physical evidence. If an owner, occupant, or agent refuses permission to enter, to inspect, the code enforcement officer may seek an administrative inspection warrant pursuant to the procedures provided for in South Dakota Codified Laws.
(Ord. 4-06 (part))
8.06.150 Administrative citations.
A. Any person violating any provision of the code for which a civil penalty may be assessed, may be issued an administrative citation by a code enforcement officer as provided for in this chapter.
B. A continuing violation of the code constitutes a separate and distinct violation each day that the violation exists.
C. A civil penalty shall be assessed by means of an administrative citation issued by the code enforcement officer and shall be payable directly to the city.
D. Penalties assessed by an administrative citation shall be collected in accordance with the schedule of civil penalties.
E. All civil penalties and fines shall be paid at the Redfield city attorney's office at 701 Main Street, Redfield, SD.
(Ord. 4-06 (part))
8.06.200 Administrative citation procedures.
A. A code enforcement officer may issue an administrative citation to a responsible party as described in this chapter. The citation shall be on forms approved by the city.
B. If the responsible party is not an individual, the code enforcement officer shall attempt to issue the owner an administrative citation. If the owner cannot be located, the administrative citation may be issued in the name of the entity and given to a manager or on-site supervisor. A copy of the administrative citation shall also be mailed to the owner.
C. The responsible party shall sign the administrative citation. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation.
D. If the code enforcement officer cannot locate a responsible party, the administrative citation may be mailed to the responsible party as prescribed in subsection B of this section.
E. If no one can be located at the property, the administrative citation may be posted in a conspicuous place on or near the property and a copy subsequently mailed to the responsible party as provided in subsection B of this section.
F. The failure of any responsible party to receive notice shall not affect the validity of any proceedings taken under this chapter.
G. Notice by mail shall be by certified mail, return receipt requested.
(Ord. 4-06 (part))
8.06.250 Appeal and administrative hearing.
Any administrative citation issued pursuant to this chapter may be appealed to the city council in the following manner:
A. If the responsible party disputes the issuance of any administrative citation issued by this chapter, the responsible party must request in writing that the matter be appealed to the city council.
B. The written request may be delivered to City Hall or mailed to City Hall.
1. The request must be either delivered or postmarked within five business days of the responsible party receiving the citation.
2. The date of issuance of the citation shall not count toward computing the five days.
C. Upon receipt of the request for appeal, the finance officer shall schedule the appeal to be heard at the next regularly scheduled city council meeting after allowing for proper notice.
D. The responsible party requesting the appeal shall be given notice in writing by the city finance officer of the time and place of the appeal hearing. Notice may be made by mail or personal service and shall be at least four business days prior to the city council meeting.
E. At the hearing the responsible party may provide testimony or evidence regarding the determination of the code enforcement officers' determination.
F. The code enforcement officer shall be present to answer any questions the city council may have.
G. After hearing from the responsible party and the code enforcement officer, the city council shall vote to either uphold or overrule the code enforcement officer's determination by a majority of the members present.
(Ord. 4-06 (part))
8.06.300 Hearing procedures.
The following rules shall govern the procedures for an appeal or administrative hearing:
A. Hearing and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.
B. Oral evidence shall be taken only on oath or affirmation.
C. The chairman of the council or mayor shall administer oath or affirmations to witnesses.
D. Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper admission of such evidence after objection in civil actions in a court of competent jurisdiction in this state.
E. Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.
(Ord. 4-06 (part))
8.06.350 Right of parties at hearings.
The appellant, the city of Redfield, and any other party to the appeal shall have these rights among others:
A. To call and examine witnesses on any matter relevant to the issue of the hearing;
B. To introduce documentary and physical evidence;
C. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; and
D. To rebut evidence.
(Ord. 4-06 (part))
8.06.400 Decision.
After each appeal hearing, the city council shall perform the following:
A. Make written findings of fact;
B. Based upon such written findings, sustain, remand for further hearing or action, or rescind the complained action or decision. The city council may waive any payment or penalty.
(Ord. 4-06 (part))
8.06.450 Report, costs.
A written report of the decision, including the findings of fact, shall be furnished to the appellant and the city within fifteen working days from the date of the appeal hearing. The city and the appellant shall bear the cost of the appeal proceeding. The decision of the city council shall be final.
(Ord. 4-06 (part))
8.06.500 Appeal to circuit court.
The decision of the city council may be appealed to circuit court as approved by law.
(Ord. 4-06 (part))
8.06.550 Administrative citation penalties assessed.
A. Any civil penalties assessed shall be payable to the city within ten days from the date of the administrative citation.
B. Payment of the civil penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
C. If the responsible party fails to correct the violation, subsequent administrative citations may be issued for the same violations. The amount of the civil penalty shall increase at a rate specified in the ordinance codified in this chapter.
(Ord. 4-06 (part))
8.06.600 Failure to appeal or pay administrative citation penalties.
The failure of any person to file a timely appeal or pay the civil penalties within the time specified on the citation shall constitute an irrrebuttable presumption that a violation has occurred. It may result in the city attorney filing legal proceedings in magistrate or circuit court, alternatively the city may pursue any other legal remedy available to collect the civil penalty or correct the violation of city ordinance or both.
(Ord. 4-06 (part))
8.06.650 Civil penalty– List.
The following schedule lists the code provision for which civil penalties may be cited under this chapter.
Code Provisions Applicable
ADMINISTRATIVE CODE ENFORCEMENT
| Code Title No. | Title |
| Title 6 | Animals |
| Title 8 | Health and Safety |
| Title 9 | Public Peace, Morals, and Welfare |
| Title 10 | Vehicles and Traffic |
| Title 12 | Streets, Sidewalks, and Public Places |
| Title 13 | Public Services |
| Title 15 | Buildings and Construction |
| Title 17 | Zoning |
(Ord. 4-06 (part))
8.06.700 Same– Fines.
The civil penalties for violation of titles listed in Section 8.06.650 of this chapter within any rolling twelve-month period shall be as follows:
| A. First Violation | $100.00 |
| B. Second Violation | 200.00 |
| C. Third or subsequent violation | 300.00 |
(Ord. 4-06 (part))
8.06.750 Remedies not exclusive.
The procedures established in this chapter are in addition to together legal remedies established by law or city ordinance which may be pursued to address violations of this code. The use of this chapter shall be at the sole discretion of the city.
(Ord. 4-06 (part))
Chapter 8.08 Sections:
8.08.010 Designated.
8.08.020 Prohibited.
8.08.030 Abatement.
8.08.040 Public nuisance– Defined– Abatement.
8.08.050 Public nuisance– Remedies.
8.08.010 Designated.
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, declared to constitute nuisances:
A. Imperfect Plumbing. Any imperfect, leaking, unclean or filthy sink, water closet, urinal or other plumbing fixture in any building, used or occupied by human beings;
B. Garbage and Refuse. Depositing, maintaining or permitting to be maintained or to accumulate upon any public or private property, any household waste water, sewage, garbage, tin cans, offal or excrement, any decaying fruit, vegetables, fish, meat or bones, or any foul, putrid or obnoxious liquid substance;
C. Impure 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;
D. Undressed Hides. Undressed hides kept longer than twenty-four hours, except at the place where they are to be manufactured, or in a storeroom, or basement whose construction is approved by the health department;
E. Manure. The accumulation of manure, unless it be in a properly constructed fly-proof pit, bin or box;
F. Breeding Place for Flies. The accumulation of manure, garbage or anything whatever in which flies breed;
G. Stagnant Water. Any excavation in which stagnant water is permitted to collect;
H. Weeds. Permitting weeds to grow to maturity on any private property, including vacant lots;
I. Poison Ivy. Permitting poison ivy to be or to grow upon any private property nearer than fifteen feet from the sidewalk of any public street;
J. Dead Animals. For the owner of a dead animal or fowl to permit it to remain undisposed of longer than twenty-four hours after its death;
K. Polluting Bodies of Water. Throwing or leaving any dead animal or decayed animal or vegetable matter or any slops or filth whatever, either solid or fluid, into any pool of water;
L. Privies and Cesspools. Erecting or maintaining any privy or cesspool except such sanitary privies and cesspools, the plans of which are approved by the State Health Department;
M. Garbage, Handling Improperly. Throwing or letting fall or permitting to remain on any street, alley, or public ground, highway to dumping ground, and any highway within one mile of the city limits, any manure, garbage, rubbish, filth, fuel or wood while engaged in handling or removing any such substances;
N. Rodents. Accumulation of junk, old iron, automobiles, or parts thereof, or anything whatever in which rodents may live or breed or accumulate;
O. Bonfires in Public Places. Burning, causing or permitting to be burned in any street, alley or public ground any dirt, filth, manure, garbage, sweepings, leaves, ashes, paper, rubbish or material of any kind;
P. Rubbish on Street. The piling or depositing of any dirt, shavings, sawdust, leaves, ashes, manure, straw or waste material of any kind upon any street, alley or public ground, or in Turtle Creek, or Lake Redfield;
Q. Offensive Premises. Permitting any grocery store, shop, factory, warehouse, stable, barn or other place to become nauseous or offensive;
R. Dangerous Agencies. Anything that is dangerous to human health or which renders the ground, the water, the air or food a hazard or injury to the public health;
S. Ice Boxes, Refrigerators, or Airtight Container. The keeping, leaving or permitting to remain outside of any dwelling, building or other structure or within any unoccupied or abandoned building, dwelling or other structures or premises, in a place accessible to children, of any discarded ice boxes, refrigerators or other container which has an air-tight door or lid, snap lock or other locking device which may not be released from the inside, without first removing the door or lid, snap lock or other locking device from the ice box, refrigerator or container, is declared to be a nuisance and the same shall be abated as provided by South Dakota Compiled Laws Sections 21-10-5, 21-10-6 and 21-10-9;
T. Smokestacks and Smoke Nuisance. The construction, use, or maintenance of any smokestack or chimney which emits sparks, cinders or dense smoke which is dangerous to the health, comfort, or property of persons, or the value of property.
(Prior code § 6.1001(B))
8.08.020 Prohibited.
No person shall create, commit, maintain, or permit to be created, committed or maintained any nuisance as defined in Section 8.08.010.
(Prior code § 6.1001(A))
8.08.030 Abatement.
The health officer shall give written notice to any person creating, permitting or maintaining any nuisance to abate such nuisance forthwith, and if such person shall neglect or refuse to do so within a reasonable time after such notice, he shall be deemed guilty of a violation of this ordinance. The health officer shall cause to be removed or abated any such nuisance upon the expiration of a reasonable time after the serving of such notice, and the city may recover the expenses so incurred from the person maintaining such nuisance in a civil suit instituted for such purpose.
(Prior code § 6.1002)
8.08.040 Public nuisance– Defined– Abatement.
A public nuisance consists in unlawfully doing an act, or omitting to perform a duty within the corporate limits of the city or in any public grounds or parks belonging to the city or within one mile of the corporate limits of the city, which act or omission either:
A. Annoys, injures, or endangers the comfort, repose, health or safety of others; or
B. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or
C. In any way renders other persons insecure in life, or in the use of property, or which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.
(Prior code § 8.0801 (part))
8.08.050 Public nuisance– Remedies.
The remedies against a public nuisance shall be those prescribed by South Dakota Compiled Laws Sections 21-10-5, 21-10-6 and 21-10-9 or other statute.
(Prior code § 8.0801 (part))
Chapter 8.12 Sections:
8.12.010 Definitions.
8.12.020 Disposition of garbage and rubbish.
8.12.030 Disposition– Wrapping required.
8.12.040 Disposition– Rubbish to be compacted.
8.12.050 Containers– Placement.
8.12.060 Containers– Multiple- family dwellings.
8.12.070 Frequency of collection.
8.12.080 Private collectors– Requirements.
8.12.090 Burning.
8.12.100 Administration and user fee.
8.12.110 Special dump ground user's permit– Fee.
8.12.120 Violation– Penalty.
8.12.010 Definitions.
The following words, as used in this chapter, shall have the following meanings:
A. "Garbage" means kitchen and table refuse and every accumulation of waste, animal and vegetable matter that attends the preparation, cooking and eating of food or the storage, handling, sale or decay of food, or any other substance that is in the process of decay, which gives off an odor offensive to the senses.
B. "Garbage container" means a watertight metallic can, of not less than ten or more than thirty gallons capacity, having a handle on each side, covered with a tight fitting metal lid, which container must be kept in a sanitary condition at all times, with the outside thereof free and clean of grease or decomposed matter, secured in such manner that it cannot be tipped over or spilled by dogs or marauders.
C. "Rubbish" means broken crockery, destroyed bottles, tin cans, pasteboard boxes, wooden boxes, paper, straw, leaves, ashes and all other waste substances of every kind, including barnyard manure.
D. "Rubbish container" means a box, crate or can of such character that it can be readily handled and emptied by the city rubbish collectors and sufficiently tight so as to prevent the rubbish therein contained from being blown or strewn about, not to exceed thirty gallons capacity.
(Prior code §§ 6.0301– 6.0304)
8.12.020 Disposition of garbage and rubbish.
The occupant of every private home or dwelling place, and the operator of every place of business in the city, is required to deposit and keep the garbage that accumulates each day upon his premises in a garbage container as above defined, and to each day deposit and keep the rubbish that accumulates upon his premises in a rubbish container herein defined, provided that grass, leaves or other material to be used as compost for fertilizer may be kept in a pit or closed container, until such time as it may be used, and barnyard manure must be kept in any tightly closed box or container not exceeding a period of one week.
(Prior code § 6.0305)
8.12.030 Disposition– Wrapping required.
All garbage shall be wrapped in paper or other material so as to prevent as nearly as possible, moisture from the garbage from coming in contact with the sides and bottom of the garbage container.
(Prior code § 6.0307)
8.12.040 Disposition– Rubbish to be compacted.
Before being deposited in a rubbish container all rubbish shall be broken or cut up and compacted so as to occupy as little cubic space as possible, and so that it may easily be handled and loaded.
(Prior code § 6.0308)
8.12.050 Containers– Placement.
Whenever the premises in which garbage and rubbish accumulates, are adjacent to a street or alley, the garbage and rubbish containers for such premises shall be kept in a location convenient and accessible to such street or alley; if the premises are not adjacent to a street or alley, the garbage and rubbish containers shall be kept on the premises in such a location that they will be readily accessible to the nearest street or alley without being unsightly.
(Prior code § 6.0309)
8.12.060 Containers– Multiple- family dwellings.
The proprietor or operator of each duplex, apartment house or similar multiple-family dwelling shall furnish and maintain for the use of the tenants therein a sufficient number of garbage containers and rubbish containers to hold all garbage and rubbish that accumulates upon such premises in the course of a week, or he shall require the tenants upon the premises to furnish such containers. The place where the garbage and rubbish containers are located shall be kept in a clean and sanitary condition at all times.
(Prior code § 6.0310)
8.12.070 Frequency of collection.
Garbage and rubbish shall be collected in all areas of the city at least once each week, and as much more often as the board of health may deem necessary.
(Prior code § 6.0306)
8.12.080 Private collectors– Requirements.
Private garbage collectors shall use watertight truck bodies of watertight containers which will not permit any leakage or spilling, and shall keep the garbage covered to prevent escape of odors or contents. Private collectors of garbage or rubbish shall not permit any material to be dropped or spilled any place in the city, or the route traveled to the dump ground, or at any place except the designated place to dispose of the same at the dump ground.
(Prior code § 6.0311)
8.12.090 Burning.
No burning shall be permitted within the city except in furnaces or incinerators within buildings.
(Ord. 6-74: prior code § 6.0312)
8.12.100 Administration and user fee.
The following rates are established for each housing unit and commercial business within the city for administrative costs and use of the city rubble site:
A. Each unit of residential housing within the city shall pay to the city, monthly, with their water and sewer charge, the sum of two dollars and seventy-five cents per month.
B. Each commercial business within the city shall pay to the city, monthly, with their water and sewer charge, the sum of three dollars and fifty cents per month. Each commercial business outside the city shall pay, to the city or its licensed private garbage or rubbish collector, the sum of five dollars per month.
C. Each unit of residential housing outside the city shall pay, to the city or its licensed private garbage or rubbish collector, the sum of three dollars and twenty-five cents per month.
D. For users of the city dump other than those defined in subsections A through C of this section, the council shall from time to time determine on an ad hoc basis the fee to be charged by resolution.
E. Before delivery of garbage or rubbish by any party other than its licensed private garbage or rubbish collector to the city dump, they shall obtain from the city a permit and pay the prescribed fee.
F. Each delivery of garbage or rubbish by any party other than its licensed private garbage or rubbish collector shall pay to the dump ground attendant the sum of two dollars for each pickup, two-wheel trailer or car and the sum of five dollars for each truck. This fee is in addition to any other fee herein or hereafter prescribed by the city, and no refunds will be made for the payment of the fees in the event a party shall elect to obtain a license under any of the provisions of this section.
G. The licensed private garbage or refuse collector, as a condition of its license, shall collect from all commercial businesses and each unit of residential housing outside the city, when the city dump is used by it, the fee prescribed in subsections B, C and D of this section, and remit the same to the city finance officer on a monthly basis together with an itemized list of all payments, names and amounts of fee, received by it.
H. The licensed private garbage or refuse collector shall as a condition of his license file with the city a statement of his fees and shall not change same without granting the city sixty days' notice in writing.
(Ord. 9-96: Ord. 2-89: Ord. 1-81; Ord. 7-79: prior code § 6.0314)
8.12.110 Special dump ground user's permit– Fee.
The following rates are established for special dump ground users permits, commencing September 1, 1979:
A. Any person, firm or corporation desiring to obtain a special dump ground users permit shall make application to the city for a special dump ground users permit, and if the permit is granted, shall pay the prescribed fee to the city.
B. The holder of a special dump ground users permit shall have the right to utilize the city dump subject to any conditions prescribed by the city council. The permit shall be displayed to the dump ground attendant and no gate fee required, as described in subsection F of Section 8.12.100, unless otherwise set forth hereinafter.
C. The prescribed annual fee shall be as follows:
1. Rural user: Thirty-five dollars plus the prescribed gate fee;
2. Contractor: One hundred dollars and no gate fee;
3. Individual garbage collector (licensed by the city): Two hundred fifty dollars and no gate fee;
4. Commercial dray hauler (licensed by the city): One hundred dollars and no gate fee.
(Ord. 10-97; Ord. 11-79: prior code § 6.0315)
8.12.120 Violation– Penalty.
Every accumulation of garbage or rubbish which is deposited, kept, burned or transported any place in the city in violation of the provisions of the ordinance codified in this chapter is declared to be a public nuisance, and any person who maintains or permits the maintenance of such nuisance shall upon conviction be subject to a fine of not exceeding one hundred dollars. The city council may revoke the license of any collector who is convicted of a violation under this section.
(Prior code § 6.0313)
Chapter 8.16 Sections:
8.16.010 License to engage in business– Required.
8.16.020 License to engage in business– Application.
8.16.030 Garbage collectors and scavengers duties.
8.16.040 Failure of property owner to pay scavenger– Compensation by city.
8.16.050 Privy, vault or cesspool cleaning– Permit required.
8.16.060 Privy, vault or cesspool cleaning– Manner.
8.16.070 Privy, vault or cesspool cleaning– Health officers duty when deemed necessary.
8.16.080 Separation of garbage and refuse.
8.16.010 License to engage in business– Required.
No person, firm or corporation, within the limits of the city, shall empty, clean or remove the contents of any privy, vault or cesspool, or in any manner engage in the business of scavenger or garbage collector without having first obtained a license so to do from the city council; provided, that the owners of the privy, vault or cesspool, within the city, desiring to remove the contents thereof, may be allowed to do so upon the written permission of the health officer, and then only in such manner as he, in the permit, shall direct.
(Prior code § 6.0901)
8.16.020 License to engage in business– Application.
Any person, firm or corporation desiring to engage in the business of scavenger or garbage collector shall make application for license to the city council and if the application is approved, shall pay to the city finance officer the sum of ten dollars as an annual license fee, and execute a bond to the city in the penal sum of five hundred dollars, with not less than two sureties, to be approved by the city council, conditioned that he or they will comply with the provisions of the ordinance codified in this chapter, and every ordinance that may be passed by the city council relating to scavenger or garbage collector, and will also comply with and obey the direction of the health officer of the city in pursuance of law; the city finance officer shall thereupon issue a license to the applicant, which license shall be signed by the city finance officer.
(Ord. 332 (part), 1967; prior code § 6.0902)
8.16.030 Garbage collectors and scavengers duties.
A. A person, firm or corporation, applying for a license as garbage collector is charged with the duty of cooperating in the enforcement of all ordinances pertaining to garbage and sanitation, and agrees to abide by rules and orders of the health officer; that he will contract to remove all commercial garbage and domestic garbage; that domestic garbage will be removed at least once in each week, and commercial garbage as often as public health and safety require, but at least twice in each week; that he will contract with anyone who is agreeable to pay the charges therefor, and that the schedule of charges will be filed with the city finance officer.
B. The duties of such scavenger shall be to remove the contents of privy vaults within the city limits, and such nuisances as the mayor, health officer, or chief of police may direct. It shall also be the duty of such scavenger, when requested by the owner, agent or occupant of any premises on which a privy vault is situated within the city, to cleanse and remove the contents thereof, such contents to be buried outside the city limits, as directed by the chief of police or health officer; provided, however, that no scavenger shall be required to perform such work unless paid in advance, or given reasonable security or guarantee that the work will be paid for when performed.
(Prior code § 6.0903)
8.16.040 Failure of property owner to pay scavenger– Compensation by city.
When the mayor, health officer or the chief of police, shall order the scavenger to clean any vault or remove any nuisance, he shall be paid by the city, if the owner of the premises fails to pay the same, and the city shall have the right to recover the same of the owner or occupant of the premises from the penalty of not abating the nuisance, as proved by ordinances of the city.
(Prior code § 6.0904)
8.16.050 Privy, vault or cesspool cleaning– Permit required.
No scavenger or other person within the city, shall remove or cause to be removed the contents of any privy, vaults or cesspools, without a permit first obtained from the health officer; and every such person shall give the name of the scavenger, describe the premises where the work is to be done, and state where the contents thereof are to be deposited; such scavenger shall make return to the health officer of every permit so issued within twenty-four hours after he shall perform such work, certifying the number of yards removed from the vault therein described, and the place where the same was deposited.
(Prior code § 6.0905)
8.16.060 Privy, vault or cesspool cleaning– Manner.
The cleaning, emptying and removing of the contents of privies, vaults or cesspools shall be done in an inoffensive manner; and any scavenger having begun such work, shall, without any interruption or delay, finish the same, and shall in every instance, leave the privy or vault in as good condition as when the work was undertaken. The contents of privy vaults shall be conveyed in air tight tanks or vessels, and shall be disposed of in such a manner as to cause no offense. Such tanks or vessels shall be kept clean and inoffensive when not in actual use.
(Prior code § 6.0906)
8.16.070 Privy, vault or cesspool cleaning– Health officers duty when deemed necessary.
Whenever in the opinion of the health officer, any privy, vault or cesspool, or other premises shall need cleaning, it shall be his duty to notify the owner, agent or occupant to cleanse the same within the time to be named in such notice, and unless the person so notified shall comply with the requirements of such notice within the time named therein, it shall be the duty of the health officer to cause such vault, cesspool or premises to be cleaned, and any person who fails the expense of such cleaning, shall upon conviction be liable for such costs and expense, as well as the fine and court costs.
(Prior code § 6.0907)
8.16.080 Separation of garbage and refuse.
Any such garbage collector upon removing garbage and refuse to an approved dumping ground may at his option use such portion of garbage or refuse in such manner as he may desire, including feeding it to hogs; provided, that all regulations of the State Board of Health or provided by statutes of the state shall be fully complied with, and so long as it shall be used in a manner not offensive or injurious to the public health; provided, that such use of garbage or the separating thereof shall not be done or had within the city limits or within one half mile of the outer boundaries of the city, or within one half mile of the outer boundaries of any park owned by the city; nor shall the separation or use of garbage be done in such manner as to cause the same or any part thereof to be blown or scattered around, or in such manner as is offensive or injurious to the public health.
(Prior code § 6.0908)
Chapter 8.20 Sections:
8.20.010 Sanitary inspections.
8.20.020 Selection and use of dumping ground.
8.20.030 Burying carcasses, carrion, filth from privies and other offensive garbage– Permitted when.
8.20.040 Burying carcasses, carrion, filth from privies and other offensive garbage– Permit– Required.
8.20.050 Burying carcasses, carrion, filth from privies and other offensive garbage– Permit– Issuance– Fee.
8.20.060 Burying carcasses, carrion, filth from privies and other offensive garbage– Minimum required depth.
8.20.070 Depositing or throwing garbage in streets prohibited.
8.20.080 Violation– Penalty.
8.20.010 Sanitary inspections.
A. The health officer shall make frequent inspections of the city and its environs. In all cases where he shall discover anything which might prove dangerous to health, he shall take appropriate action.
B. Between the first and fifteenth day of April and September of each year the chief of police shall make a thorough inspection of the streets, alleys and public grounds in the city and notify the owner or occupant of any property where filth, manure, straw or rubbish is permitted to remain upon any street or alley abutting upon such property to remove the same within twenty-four hours after receiving such notice. If such owner or occupant shall fail to comply with such notice he shall be subject to the penalty prescribed in this chapter.
(Prior code § 6.0801)
8.20.020 Selection and use of dumping ground.
The city council shall select and establish as dumping grounds suitable lots or parcels of land, without the city limits, and until otherwise ordered, all straw, manure, leaves, ashes and other rubbish which may be removed from public or private premises, shall be drawn to and deposited upon the dumping ground so established; provided, however, that no dead carcass, carrion, filth from any privy box or vault, or from any cesspool or offensive garbage, shall be deposited on such dumping ground; and provided further, that nothing in this section shall be deemed to prohibit the deposit of ordinary stable manure on any private lot or parcel of land for fertilizing purposes only, and it shall be unlawful for any person, firm or corporation, to remove to and deposit upon any lot or parcel of land other than the dumping ground which may be established in the manner aforesaid, any straw, manure, leaves, ashes, or other rubbish, contrary to the provisions of this chapter. The street commissioner and police department may take such measures as to the spreading, burning and covering of the rubbish deposited, as above provided, as may be necessary, and the health officer may advise.
(Prior code § 6.0802)
8.20.030 Burying carcasses, carrion, filth from privies and other offensive garbage– Permitted when.
The city dumping grounds may be used for the purpose of burying dead carcasses, carrion, filth from privy vaults, boxes, cesspools and other offensive garbage, under the direction of the health officer; provided, that the person or corporation, shall first procure from the city finance officer a written permit therefor, as hereinafter described.
(Prior code § 6.0803)
8.20.040 Burying carcasses, carrion, filth from privies and other offensive garbage– Permit– Required.
It is unlawful for any person or corporation to deliver, leave or place any dead carcass, carrion, filth from privy vaults, box, cesspool or other offensive garbage, in or upon the dumping grounds without first having procured from the city finance officer permit as provided in this chapter.
(Prior code § 6.0806)
8.20.050 Burying carcasses, carrion, filth from privies and other offensive garbage– Permit– Issuance– Fee.
The city finance officer shall issue a permit to any person or corporation applying therefor upon payment to him of the fee, effective January 1, 1968, as follows:
A. Two dollars per annum for any person desiring to haul his own rubbish to the city dumping ground;
B. Five dollars per annum for any firm, proprietor or corporation desiring to haul their own rubbish to the city dumping ground;
C. Twenty-five dollars per annum for any nonresident person desiring to haul his own rubbish to the city dumping grounds. Such permit not to include old machinery and automobiles;
D. Twenty-five dollars per annum for any person, firm or corporation desiring to engage in the business of scavenger or garbage collector.
(Ord. 332 (part), 1967: prior code § 6.0804)
8.20.060 Burying carcasses, carrion, filth from privies and other offensive garbage– Minimum required depth.
All dead carcasses, carrion, filth from privy vaults, boxes, cesspools, or other offensive garbage, shall be buried at least three feet below the surface of the ground, under the direction of the health officer, street commissioner or police department.
(Prior code § 6.0805)
8.20.070 Depositing or throwing garbage in streets prohibited.
It is unlawful for any person, firm or corporation to throw or deposit any ashes, offals, dirt, garbage, decaying vegetables, fish, meat, manure, filthy water, slops or any other offensive or putrid matter or thing into or upon any street, avenue, lane, alley or public ground within the corporate limits of the city or into any stream of water within the limits of the city or forming the boundaries thereof.
(Prior code § 11.0607)
8.20.080 Violation– Penalty.
Any person, firm or corporation violating any of the provisions of Sections 8.20.010 through 8.20.060 shall, upon conviction thereof, be fined in a sum of not less than ten dollars and not more than one hundred dollars.
(Prior code § 6.0807)
Chapter 8.22 Sections:
8.22.010 Purpose.
8.22.020 Definitions.
8.22.030 Removal of garbage, commercial solid waste and household waste.
8.22.040 Removal of rubble, bulky items and white goods.
8.22.050 Bagging and tying of garbage.
8.22.060 Penalty.
8.22.010 Purpose.
The purpose of this chapter is to regulate the removal of garbage, rubble, commercial solid waste, bulky items, household waste and white goods on a regular basis from the city.
(Ord. 6-93 § 1)
8.22.020 Definitions.
The definitions of any terms used in this chapter are intended to be consistent with terms defined in SDCL Chapter 34A-6, SDCL 34A-11, as amended, and any administrative rules and regulations adopted in accordance with those chapters to the extent the terms used in this chapter have been defined by state law. To the extent consistent with state law, the following definitions will control:
"Ash" means residue from the combustion of solid waste or any solid or liquid materials.
"Bulky items" means large items such as white goods or furniture.
"Commercial solid waste" means solid waste generated by stores, offices, restaurants, warehouses, printing shops, service stations, and other nonmanufacturing, nonhousehold sources.
"Facility" means all facilities and appurtenances connected with a solid waste facility or solid waste disposal facility, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained or operated to facilitate the disposal or storage of solid waste.
"Garbage" means solid waste and semisolid putrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving, and consuming of food or of material intended for use as food, and all offal, excluding useful industrial byproducts, from all public and private establishments and from all residences.
"Household waste" means solid waste derived from households, including single and multiple residences, hotels and motels, bunkhouses, range stations, crew quarters, campgrounds, picnic grounds, and day use recreation areas, but not waste from commercial activities that is generated, stored, or present in a household.
"Rubble" means stone, brick, concrete, or similar inorganic material, excluding ash, waste tires, and asbestos, containing waste materials.
"Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial and agricultural operation, and from community activities, but does not include mining and agricultural operations, and from community activities, but does not include mining waste in connection with a mine permitted under Title 45, hazardous waste as defined under Chapter 34A-11, solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended to January 1, 1989, or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended to January 1, 1989.
"White goods" means discarded refrigerators, ranges, washers, water, heater, and other similar domestic and commercial appliances.
(Ord. 6-93 § 6)
8.22.030 Removal of garbage, commercial solid waste and household waste.
The owner or operator of each business and residence within the city shall contract for the regular removal and disposal of all garbage, commercial solid waste and household waste with a person or entity who holds a valid solid waste license issued by the city.
(Ord. 6-93 § 3)
8.22.040 Removal of rubble, bulky items and white goods.
Individuals may remove their own rubble, bulky items and white goods without obtaining a license, provided the rubble, bulky items, and white goods are disposed of in a legally permitted facility.
(Ord. 6-93 § 4)
8.22.050 Bagging and tying of garbage.
All garbage, commercial solid waste and household waste shall be bagged, tied and/or placed in a suitable container at the curbside or alley side adjacent to the residence or business in accordance with the wishes of and at the times directed by the dray businesses with whom the person or business has contracted for the removal of garbage, commercial solid waste and household waste. Suitable containers are those receptacles equipped with a lid to prevent the contents of the containers from being blown out and scattered.
(Ord. 6-93 § 5)
8.22.060 Penalty.
The penalty for violating this chapter shall be a fine not exceeding one hundred dollars or by imprisonment not exceeding a maximum of thirty days or by both such fine and imprisonment.
(Ord. 6-93 § 7)
Chapter 8.24 Sections:
8.24.010 Definitions.
8.24.020 Storing, parking or leaving dismantled, inoperable or abandoned vehicles declared nuisance.
8.24.030 Exceptions.
8.24.040 Removal.
8.24.050 Disposition of unclaimed vehicles.
8.24.060 Duty of private property owners.
8.24.070 Notice to remove.
8.24.080 Responsibility for removal.
8.24.090 Notice procedure.
8.24.100 Content of notice.
* Prior ordinance history: Ord. 325.
8.24.010 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
A. "Abandoned vehicle" means any vehicle, as defined by subsection H of this section, which is left unattended or stored on any public property as defined by subsection F of this section, in the same or substantially same place within the city for a longer period than twenty-four hours.
B. "City" means the city of Redfield.
C. "Inoperable vehicle" means any vehicle, as defined by subsection H of this section which is not in operating condition due to damage, removal or inoperability of one or more tires and wheels, the engine or other essential parts required for the operation of the vehicle, or which does not have lawfully affixed thereto a valid state license plate or which constitutes an immediate health, safety, fire or traffic hazard.
D. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
E. "Private property" means any real property within the city which is privately owned and which is not public property as defined in this section.
F. "Public property" means any street, alley or highway which includes the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and also means any other publicly owned property or facility.
G. "Removal agency" means any public body, private or nonprofit organization authorized by the city to remove and salvage abandoned or inoperable vehicles.
H. "Vehicle" means any vehicle which is designed to travel along the ground or in the water and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, pull trailers, go-carts, golf carts, boats, campers and trailers.
(Ord. 6-95 (part))
8.24.020 Storing, parking or leaving dismantled, inoperable or abandoned vehicles declared nuisance.
The presence of an abandoned, discarded, wrecked, burned, dismantled, inoperable, junked or partially dismantled vehicle or parts thereof on private or public property is declared a public nuisance, which may be abated as such in accordance with the provisions of this chapter. It is unlawful to keep or place any of the above-described vehicles or vehicle parts:
A. Upon public streets or property except on an emergency basis; or
B. Upon the private property of any person owning, in charge of, or in control of any real property within the city, whether as an owner, tenant, occupant, lessee or otherwise for longer than fourteen days unless it is within a carport, fully enclosed building or structure. A tarpaulin, tent or other similar temporary structure shall not be deemed to satisfy the requirements of this section;
C. In no event shall an inoperable vehicle that constitutes an imminent health, safety or fire hazard be kept or located on any premises.
(Ord. 6-95 (part))
8.24.030 Exceptions.
This chapter shall not apply to:
A. One inoperable vehicle kept on private property without being shielded from public view if licensed and kept on a private driveway. In the event this inoperable vehicle is in a state of externally visible disrepair or disassembly, it shall not be kept on the private driveway longer than fourteen days.
B. Filling stations, automobile repair shops or any other motor vehicle related businesses in compliance with applicable city ordinances may place inoperable vehicles being repaired or offered for sale on the premises.
C. Junkyards operated and maintained in compliance with applicable city ordinances.
(Ord. 6-95 (part))
8.24.040 Removal.
Whenever the police department finds an abandoned or inoperable vehicle on public property within the city, it is authorized to place written notice on the vehicle that it will be removed to a garage or place of safety unless the owner removes the vehicle from public property within twenty-four hours of the giving of the notice. After the expiration of the twenty-four-hour period, the vehicle may be removed by a removal agency to a garage or place of safety. Nothing in this section precludes the police department from immediately removing a vehicle that constitutes an imminent health, safety or fire hazard.
(Ord. 6-95 (part))
8.24.050 Disposition of unclaimed vehicles.
The removal agency shall have the rights and obligations conferred upon it by SDCL Chapter 32-36 in regard to titling or disposition of such unclaimed vehicle, except that, if not otherwise provided by state law, it shall have a possessory lien upon any vehicle removed under provision of this chapter for the costs or reasonable charges in taking custody of and storing such vehicles.
(Ord. 6-95 (part))
8.24.060 Duty of private property owners.
No person owning, in charge or in control of any real property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any abandoned or inoperable vehicle of any kind to remain on such property longer than fourteen days.
(Ord. 6-95 (part))
8.24.070 Notice to remove.
A notice in writing shall be served by the city upon any person having an abandoned or inoperable vehicle on their property requesting the removal of such motor vehicle in the time specified in this chapter.
(Ord. 6-95 (part))
8.24.080 Responsibility for removal.
Upon proper notice, the owner of the abandoned inoperable vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal.
(Ord. 6-95 (part))
8.24.090 Notice procedure.
The city shall give notice of removal to the owner or occupant of the private property where it is located. It shall constitute sufficient notice, when a copy of same is sent by registered or certified mail to the owner or occupant of the private property at his last known address.
(Ord. 6-95 (part))
8.24.100 Content of notice.
The notice shall contain the request for removal within fourteen days after the mailing of such notice, and the notice shall advise that failure to comply with the notice to remove shall be a violation of this chapter.
(Ord. 6-95 (part))
Chapter 8.28 Sections:
8.28.010 Purpose.
8.28.020 Definitions.
8.28.030 Maintenance at variance with and inferior to the level of maintenance of surrounding properties– Declared unlawful.
8.28.040 Maintenance at variance with and inferior to the level of maintenance of surrounding properties– Conditions constituting a public nuisance.
8.28.050 Sanitation of premises and buildings required.
8.28.060 Enforcement and administration of provisions.
8.28.070 Right of entry.
8.28.080 Notice to abate– Issuance.
8.28.090 Notice to abate– When waived.
8.28.100 Right of appeal from building official's determination.
8.28.110 Nuisances– Abatement by city– Preparation of expense statement required.
8.28.120 Nuisances– Alternate abatement procedure.
8.28.130 Nuisances– Abatement by city– Notice of equalization of assessment.
8.28.140 Nuisances– Abatement by city– Equivalization of assessment– Hearing.
8.28.150 Abatement of property– Recovery of expense– Special assessment.
8.28.160 Nuisances– Abatement by city– Recovery of expenses– Civil suit.
8.28.010 Purpose.
The purpose of this chapter 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.
(Ord. 6-84 (part))
8.28.020 Definitions.
The following words have the following meanings:
A. "Building" means any structure designed or intended for the support, enclosure, shelter or protection of persons or property.
B. "Building official" means the city official authorized by the legislative body of this jurisdiction with the enforcement of this code.
C. "Premises" means a lot or parcel of land, improved or unimproved, parking areas thereon, walkways and sidewalks.
D. "Sidewalk" means a strip of property lying in front of and between the curbline and property line of the adjoining or abutting lot, piece or parcel of land within the city.
(Ord. 6-84 (part))
8.28.030 Maintenance at variance with and inferior to the level of maintenance of surrounding properties– Declared unlawful.
It is 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 inferior to the level of maintenance or surrounding properties.
(Ord. 6-84 (part))
8.28.040 Maintenance at variance with and inferior to the level of maintenance of surrounding properties– Conditions constituting a public 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 declared to constitute a public nuisance where there exists upon any building or premises any of the following conditions:
A. Buildings which are abandoned, boarded up, partially destroyed or partially constructed and uncompleted subsequent 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 or 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;
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, susidance, unstable soil conditions or surface or subsurface drainage problems as to pose a threat to or be injurious 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;
L. Any like and similar condition or conditions.
(Ord. 6-84 (part))
8.28.050 Sanitation of premises and buildings required.
It is unlawful to permit by act or omission the following specific acts, conditions and things which are 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 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;
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 landscaping 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 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 the premises to level or remove the waste materials from the premises at least once each year during the months of either June, July or August for the purpose of maintaining weed and rodent control.
(Ord. 6-84 (part))
8.28.060 Enforcement and administration of provisions.
The building official is authorized and directed to administer and enforce all of the provisions of this chapter.
(Ord. 6-84 (part))
8.28.070 Right of entry.
A. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, 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 chapter, 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 chapter; 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 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.
B. 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 chapter. Any person violating this subsection shall be guilty of a misdemeanor.
(Ord. 6-84 (part))
8.28.080 Notice to abate– Issuance.
Whenever the building official is notified that any condition or conditions prohibited in this chapter 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 therefor and the work physically commenced within such time (not to exceed sixty 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 official to be reasonable.
C. 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 days from the date of the order); that all required permits be secured therefor within sixty days from the date of the order, and that the demolition be completed within such time as the building official shall determine is reasonable.
(Ord. 6-84 (part))
8.28.090 Notice to abate– When 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.
(Ord. 6-84 (part))
8.28.100 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 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.
(Ord. 6-84 (part))
8.28.110 Nuisances– Abatement by city– Preparation of expense statement required.
A. In the event a person shall fail to abate any nuisance created, permitted or maintained by him following notice to him to do so, the building official shall cause such nuisance to be abated.
B. 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 conditions 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 that they may be easily identified.
(Ord. 6-84 (part))
8.28.120 Nuisances– Alternate abatement procedure.
In addition to any method of abatement of nuisances within the city provided by the provisions of this chapter, any nuisance found within the city may be abated in the manner provided by state law.
(Ord. 6-84 (part))
8.28.130 Nuisances– Abatement by city– Notice of equalization of assessment.
Within ten days after the filing of the statement referred to in Section 8.28.110, 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 and addressed to his last known address or to general delivery, Redfield, South Dakota, if such address is unknown.
(Ord. 6-84 (part))
8.28.140 Nuisances– Abatement by city– Equivalization 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 days after the notice. The objections shall be presented to the city commission by the finance officer at their next regular meeting. The city shall determine by resolution the assessment and shall proceed to place a lien against the property until the assessment is paid.
(Ord. 6-84 (part))
8.28.150 Abatement of property– Recovery of expense– Special assessment.
The city may recover the expenses incurred in abating any nuisance by taxing the cost by special assessment against the real property on which the nuisance occurred. The cost shall be set at two hundred fifty dollars per hour.
(Ord. 10-06: Ord. 6-84 (part))
8.28.160 Nuisances– Abatement by city– 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 chapter from the person creating, permitting or maintaining the same in a civil suit instituted for such purpose.
(Ord. 6-84 (part))
Chapter 8.32 Sections:
8.32.010 Purpose.
8.32.020 Definitions.
8.32.030 Licenses– Required.
8.32.040 Routes, pickup and provisions of containers.
8.32.050 Garbage fees.
8.32.060 Routes.
8.32.070 Rubble, bulky items, trees and white goods.
8.32.080 Rules and regulations.
8.32.090 Equipment.
8.32.100 Penalty.
8.32.110 Liability insurance.
8.32.010 Purpose.
The purpose of this chapter is to regulate and define the duties of all licensed solid waste businesses within the city.
(Ord. 4-93 § 1)
8.32.020 Definitions.
The definitions of any terms used in this chapter are intended consistent with terms defined in SDCL Chapter 34A-6, SDCL 34A-11, as amended, and any administrative rules and regulations adopted in accordance with those chapters to the extent the terms used in this chapter have been defined by state law. To the extent consistent with state law the following definitions will control:
"Ash" means residue from the combustion of solid waste or any solid or liquid materials.
"Bulky items" means large items such as white goods or furniture.
"Commercial solid waste" means solid waste generated by storms, offices, restaurants, warehouses, printing shops, service stations, and other nonmanufacturing, nonhousehold sources.
"Facility" means all facilities and appurtenances connected with a solid waste facility or solid waste disposal facility, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained or operated to facilitate the disposal or storage of solid waste.
"Garbage" means solid and semisolid putrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving, and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, from all public and private establishments and from all residences.
"Household waste" means solid waste derived from households, including single and multiple residences, hotels and motels, bunkhouse, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreation areas, but not waste from commercial activities that is generated, stored, or present in a household.
"Rubble" means stone, brick, concrete, or similar inorganic material, excluding ash, waste tires, and asbestos containing waste materials.
"Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial and agricultural operations, and from community activities, but does not include mining waste in connection with a mine permitted under Title 45, hazardous waste as defined under Chapter 34A-11, solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended to January 1, 1989, or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended to January 1, 1989.
"White goods" means discarded refrigerators, ranges, washers, water heaters, and other similar domestic and commercial appliances.
(Ord. 4-93 § 11)
8.32.030 Licenses– Required.
All solid waste businesses operating within the city shall be licensed by the city. The fee for such license shall be two hundred fifty dollars per license per year. Such license may be revoked by the city council with or without cause at any time. All solid waste businesses shall file an application for license or renewal of license on or before January 1st of each year on forms provided by the city. The city council shall have the right to deny an application based on any one of the following criteria:
A. Applicant is not of good moral character;
B. Applicant does not have sufficient equipment to provide weekly service within the City;
C. Applicant is not willing to establish a base of operation within the city, including an office and telephone service;
D. City shall determine that the issuance of a license will or will not promote the public health and safety, morals and welfare of the citizens within the city;
E. City shall determine that the public convenience and necessity for the service to be provided will or will not be jeopardized by issuing an additional license or licenses.
(Ord. 5-99: Ord. 4-93 § 3)
8.32.040 Routes, pickup and provisions of containers.
Garbage, commercial solid waste, and household waste shall be picked up at least once per week or more frequently when circumstances require. The dates of pickup shall be at the discretion of the individual solid waste businesses. The solid waste businesses shall determine and provide the appropriate type and size of garbage container for each business or residence.
(Ord. 4-93 § 4)
8.32.050 Garbage fees.
A. Each solid waste business shall furnish a list to the city of those persons and businesses with whom the solid waste business has contracted. The maximum fee allowed to be charged by a solid waste business to a residence shall be set from time to time by resolution by the city.
B. All solid waste fees charged businesses are subject to regulation by the city who may set solid waste fees from time to time by resolution.
C. Solid waste fees from the removal of rubble, bulky items, trees and white goods shall be between the solid waste business and the person or business from whom the service is provided.
(Ord. 4-93 § 5)
8.32.060 Routes.
Each solid waste business shall have full discretion to determine whether to pick up garbage, commercial solid waste or household waste at the curb side or alley side.
(Ord. 4-93 § 6)
8.32.070 Rubble, bulky items, trees and white goods.
Each solid waste business shall be required to transport rubble, bulky items, trees and parts thereof weighing less than forty pounds, and white goods on a regular basis for all contracted customers but at least twice a year. The fee for hauling and disposal of rubble, bulky items, trees or white goods, is not included in the regular monthly fee for hauling garbage, commercial solid waste, or household waste.
(Ord. 4-93 § 7)
8.32.080 Rules and regulations.
Each solid waste business shall be required to dispose of all collected materials in accordance with all statutes and regulations of the state and its agencies; the ordinances and regulations of the county and of the city and their agencies.
(Ord. 4-93 § 9)
8.32.090 Equipment.
Each solid waste business shall provide equipment capable of properly collecting and disposing of garbage, rubble, commercial solid waste, bulky items, household waste, trees and parts thereof weighing less than forty pounds and white goods in accordance with applicable ordinances, state statutes or regulations, and the equipment shall be maintained so as to keep it clean and free of accumulation of offensive materials.
NUISANCES
GARBAGE
GARBAGE COLLECTION
CITY SANITATION AND DUMPING GROUNDS
REMOVAL AND DISPOSAL OF SPECIFIC KINDS OF WASTE
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE MOTOR VEHICLES*
PROPERTY MAINTENANCE
OPERATION OF SOLID WASTE BUSINESSES