Title 15
BUILDINGS AND CONSTRUCTION
Chapters:
15.04 Building Code
15.08 Plumbing Code
15.12 Electrical Code
15.16 Fire Code
15.20 Housing Code
15.24 Moving Buildings
15.28 Fences
Chapter 15.04
BUILDING CODE
Sections:
15.04.010 Adopted.
15.04.020 Definitions.
15.04.030 Fire limits established.
15.04.040 Permissible wooden structures in fire limits.
15.04.050 Conformance to fireproof construction regulations.
15.04.060 Construction of dwellings.
15.04.070 Nuisances.
15.04.080 Building permit.
15.04.081 Building permit fee.
15.04.082 Building permits– Expiration.
15.04.090 Establishment of office of building official.
15.04.100 Enforcement.
15.04.101 Zoning applies.
15.04.110 Right of entry.
15.04.120 Appeal.
15.04.130 Violation– Penalty.
15.04.010 Adopted.
There is adopted by the city for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the Uniform Building Code, 1988 Edition, publication date May 1, 1988, recommended by the International Conference of Building Officials and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which not less than three copies have been and now are filed in the office of the city finance officer, and the same are adopted and incorporated as fully as if set out at length in this chapter, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling in the construction of all buildings and other structures within the corporate limits of the city.
(Ord. 6-89: Ord. 6-85: Ord. 13-74; prior code § 3.0101)
15.04.020 Definitions.
A. Wherever, the term "Corporation Counsel" is used in the building code, it shall be held to mean the city attorney for the city of Redfield.
B. Wherever the word "Municipality" is used in the building code, it shall be held to mean the city of Redfield.
C. Wherever the word "Construction" is used in the building code, it shall be held to mean erecting, moving, adding to, improving, structurally changing, or replacing parts or all of a building or other structure.
(Ord. 13-01 (part): Prior code § 3.0105)
15.04.030 Fire limits established.
The fire limits of the city are established as follows:
All of Blocks Five and Six of the Original Plat of the city of Redfield; all of Blocks Nine and Ten, Fourteen, and Fifteen of Albert Keep's First Addition to and Resubdivision of Block Eight, Nine, Ten, Eleven, Thirteen and part of Twelve of the Original Plat of said city.
(Prior code § 3.0106)
15.04.040 Permissible wooden structures in fire limits.
No frame or wooden structure shall hereafter be built within the fire limits as defined in this chapter, or as they may be hereafter established, except the following:
A. Temporary one-story frame buildings for use of builders.
B. Small dwelling house, not to exceed one story in height, may be built of wood, provided the roofs are constructed in accordance with prior code Section 3.0111, upon the following tracts of land located within the fire limits as defined in this chapter:
Lots Seventeen to Twenty, inclusive, and west half of Lot Twenty-one, Block Five, Original Plat. Lots One to Four, inclusive, Block Six, Original Plat.
Lots Fifteen to Seventeen, inclusive, Block Fourteen, Albert Keep's First Addition.
Lots Twenty-one to Twenty-four, inclusive, Block Fifteen, Albert Keep's First Addition.
All such structures must be not less than eight feet from the property line between the lot or tract improved and the adjacent lots or tracts on each side, and must be at least sixteen feet apart on the same tracts or lots and no such structure shall exceed one thousand five hundred square feet in area.
(Prior code § 3.0110)
15.04.050 Conformance to fireproof construction regulations.
All structures hereafter constructed for business purposes within the city shall be of such fireproof construction as prescribed by the rules and ordinances enacted by the city council. All structural alterations shall be made so as to conform to such fireproof protections as prescribed by the city council and the city council shall set such reasonable conditions for protection against fire hazards on any permit for the moving of a structure for business purposes to within the city and such conditions shall be complied with as a condition for permitting the moving of such structure to within the city.
(Ord. 295 § 2, 1959)
15.04.060 Construction of dwellings.
Dwelling houses hereafter constructed within the corporate limits of the city shall be such style, construction and placement upon the lot so as to be in accord and harmony with the other homes in the same neighborhood and so as to tend to maintain home standards and values in the neighborhood. Any structural alterations made on dwellings now in such city shall be in harmony with the structure and its plan. Any structure moved to within the city for dwelling purposes shall be of such type, construction, materials and value as to be in harmony with, and so as not to depreciate from, the dwellings in the neighborhood.
(Ord. 295 § 3, 1959)
15.04.070 Nuisances.
Any business or residence that creates a nuisance by looks, smell or noise, or is apt to become such or that is so unsightly as tending to depreciate the value of adjacent property, shall be prohibited within the corporate limits of the city.
| Application Permit or Administrative Form | Amount of Fee, Charge or Expense | Collection Procedures |
| $0– $ 5,000 | $10.00 | |
| $ 5,001– $10,000 | $15.00 | |
| $10,001- $20,000 | $20.00 | |
| $20,001- $30,000 | $30.00 | |
| $30,001- $50,000 | $50.00 | |
| $50,001- $80,000 | $75.00 | |
| $80,001 or more | 1/10 of 1% (.001) construction cost |
In excess of $200,000– Shall require the preparation of plans and specifications by a registered engineer or architect whose stamp or seal shall be affixed to the plans and specifications.
B. Trailer homes moved to or from the city, or from one location to a new location within the city, shall pay a building permit fee in the amount of ten dollars.
C. The building permit fee for the removal of a building shall be ten dollars.
(Ord. 13-01 (part): Ord. 1-99 (part): Ord. 8-97; Ord. 4-87: prior code 3.0109)
(Ord. No. 09-2009, 10-5-2009)
15.04.082 Building permits– Expiration.
A. If the work described in any building permit has not begun within ninety days from the date of issuance thereof, the permit shall expire; it shall be cancelled by the city finance officer; and written notice thereof shall be given to the persons affected.
B. If work described in any building permit has not been substantially completed within two years of the date of issuance thereof, the permit shall expire, and be cancelled by the city finance officer, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained.
C. After expiration of a building permit, the cost of a new permit will be based upon the dollar value of the portion of the construction remaining to be completed.
(Ord. 13-01 (part))
15.04.090 Establishment of office of building official.
A. The office of building official is created and the executive official in charge shall be known as the building official.
B. The building official shall be appointed by the city council. His appointment shall continue at the will of the city council.
C. During temporary absence or disability of the building official the city council shall designate an acting building official.
(Prior code § 3.0102)
15.04.100 Enforcement.
A. It shall be the duty of the city finance officer to enforce all laws relating to construction.
B. Building permits issued on the basis of plans and applications approved by the city finance officer authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this title and punishable as provided herein.
(Ord. 13-01)
15.04.101 Zoning applies.
Any building permit shall comply with the requirements as set forth in Redfield Municipal Code Chapter 17.12 Zoning.
(Ord. 13-01 (part))
15.04.110 Right of entry.
The city finance officer, in the discharge of his/her official duties, and upon proper identification shall have authority to enter any building, structure or premises at any reasonable hour.
(Ord. 13-01 (part): Prior code § 3.0104)
15.04.120 Appeal.
In case any difference should arise between the city finance officer and the owner of any building, or any person engaged in or desirous of doing any construction, repair, alteration, moving or demolition of buildings, regarding the interpretation of any of the provisions of this chapter, or the enforcement of the same, appeal may be made to the city council, whose decision thereon shall be final.
(Ord. 13-01 (part): Prior code § 3.0108)
15.04.130 Violation– Penalty.
Any person, firm, corporation or contractor violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed the sum of one hundred dollars or by imprisonment of not to exceed thirty days, for each offense. Each day that a violation is permitted to exist shall constitute a separation violation.
(Ord. 1-99 (part): Ord. 295 § 6, 1959)
Chapter 15.08 Sections:
15.08.010 State code adopted.
15.08.020 Registration of state plumbing license.
15.08.010 State code adopted.
There is adopted by the city council for the purpose of establishing rules and regulations governing plumbing as defined in this code, including registration of licenses, that certain plumbing code known as the South Dakota Plumbing Code, as set forth in South Dakota Compiled Laws, 1967, Chapter 36-25.
(Ord. 6-76 (part): prior code § 9.0101)
15.08.020 Registration of state plumbing license.
Every person, firm or corporation shall not engage in the business of plumbing, as defined in the South Dakota Plumbing Code, without first registering its or their South Dakota state license with the finance officer. The registration shall be accompanied by a ten-dollar filing fee.
(Ord. 6-76 (part): prior code § 9.0102)
Chapter 15.12 Sections:
15.12.010 Standards adopted by reference.
15.12.020 Registration of state license.
15.12.010 Standards adopted by reference.
All electrical wiring, apparatus or equipment shall comply with the rules and regulations promulgated and adopted by the South Dakota Electrical Board as provided in South Dakota Compiled Laws and the National Electric Code, 1981 Edition, Standards of the National Board of Fire Underwriters for Electric Wiring and Apparatus, as copyrighted by the National Fire Protection Association, 470 Atlantic Avenue, Boston, Massachusetts 02210, which is adopted by this reference as though fully set forth in this section.
(Ord. 9-85 (part): prior code § 4.0101)
15.12.020 Registration of state license.
Every person, firm or corporation shall not engage in the business of installing any electrical wiring or constructing or installing electrical apparatuses or machinery in any building, upon any premises, without first registering its or their South Dakota state license with the finance officer. The registration shall be accompanied by a ten-dollar filing fee.
(Ord. 7-76 (part): prior code § 4.0201)
Chapter 15.16 Sections:
15.16.010 Fire code adopted.
15.16.020 Municipality defined.
15.16.030 Modifications of provisions.
15.16.040 Flammable liquid and gas storage limits.
15.16.050 Appeals.
15.16.060 Enforcement.
15.16.010 Fire code adopted.
There is adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Uniform Fire Code, 1988 Edition, publication date May 1, 1988, recommended by the International Conference of Building Officials and Western Fire Chiefs Association, and the whole thereof, save and except such portions as are deleted, modified or amended in this chapter, of which code not less than three copies have been and are filed in the office of the city finance officer. The Uniform Fire Code, 1988 Edition, is adopted and incorporated as fully as if set out at length in this section, and from the date on which the ordinance codified in this section takes effect, the provisions of the Uniform Fire Code shall be controlling within the limits of the city.
(Ord. 7-89: Ord. 7-85: Ord. 12-74; prior code § 5.0101)
15.16.020 Municipality defined.
Wherever the word municipality is used in the code adopted by this chapter, it shall be held to mean the city.
(Prior code § 5.0103)
15.16.030 Modifications of provisions.
The chief of the fire department shall have power to modify any of the provisions of the code adopted by this chapter upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the fire department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.
(Prior code § 5.0105)
15.16.040 Flammable liquid and gas storage limits.
The limits referred to in Section 79.501 of the code adopted by this chapter in which storage of flammable liquids in outside aboveground tanks is prohibited, and the limits referred to in Section 82.104 of the code adopted by this chapter, in which bulk storage of liquefied petroleum gas is restricted, are established as the limits set forth in Section 15.04.030.
(Prior code § 5.0104)
15.16.050 Appeals.
Whenever the chief of the fire department disapproves an application or refuses to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city council within thirty days from the date of the decision appealed.
(Prior code § 5.0106)
15.16.060 Enforcement.
The code adopted by this chapter shall be enforced by the chief of the fire department.
(Prior code § 5.0102)
Chapter 15.20 Sections:
15.20.010 Purpose.
15.20.020 Definitions.
15.20.030 Applicability.
15.20.040 Basic equipment and facilities.
15.20.050 Light, ventilation and heating.
15.20.060 Structural maintenance and services.
15.20.070 Space requirements– Basements.
15.20.080 Owner and occupant responsibilities.
15.20.090 Roominghouses.
15.20.100 Unfit dwelling– Designation– Vacation order.
15.20.110 Right of entry for inspection.
15.20.120 Correction notice– Issuance.
15.20.130 Correction notice– Appeal– Right.
15.20.140 Correction notice– Appeal– Variance.
15.20.150 Correction notice– Appeal– Deadline.
15.20.160 Correction notice– Finality.
15.20.170 Correction notice– Judicial review.
15.20.180 Rules and regulations– Establishment.
15.20.190 Rules and regulations– Violation.
15.20.010 Purpose.
The purpose of this chapter is to protect, preserve and promote the health and safety of the people and to control communicable diseases by establishing minimum standards for housing, and to provide for the administration and enforcement thereof.
(Ord. 335 (part): prior code § 14.1010)
15.20.020 Definitions.
As used in this chapter, unless the context otherwise clearly indicates:
A. "Approved" means constructed, installed, and maintained in accordance with this chapter, and rules and regulations adopted and promulgated in pursuance of this chapter.
B. "Basement" means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
C. "Cellar" means that portion of the building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.
D. "Dwelling" means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants. Temporary housing as defined in this section shall not be regarded as a dwelling.
E. "Dwelling unit" means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and a part of which is exclusively or occasionally appropriated to cookery.
F. "Electrical convenience outlet" means a point on the electrical wiring system equipped with one or more receptacles intended to receive attachment plugs from which current is taken to supply utilization equipment.
G. "Extermination" means the control and elimination of insects, rodents, vermin or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, or by poisoning, spraying, fumigating, trapping or similar means.
H. "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food.
I. "General buildings and structures" means any building or structure located on any lot, tract or parcel of land in the residential district, regardless of usage.
J. "Habitable room" means a room designed to be used for living, sleeping, eating or cooking, excluding bathrooms, toilet compartments, closets, halls and storage places.
K. "Health officer" means the city health officer or his authorized representative.
L. "Hotel" or "motel" means any dwelling, or that part of any dwelling containing one or more rooming units in which space is let to three or more persons who are transients or permanent guests.
M. "Infestation" means the presence within or around a dwelling of insects, rodents, vermin or other pests of such kind, or in such numbers, as to cause a hazard to health.
N. "Multiple dwelling" means any dwelling containing more than two dwelling units.
O. "Occupant" means any person living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
P. "Operator" means any person, whether the owner or not, who manages or controls any dwelling, or part thereof, in which dwelling units or rooming units are let.
Q. "Owner" means any person who, alone or jointly, or severally with others:
1. Has record legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof;
2. Acts as the agent of the person holding the record legal title of any dwelling or dwelling unit;
3. Is the personal representative or fiduciary of an estate through which the record legal title to the real property in which any dwelling unit is administered.
R. "Person" means a natural person for purposes of the occupancy standards of this chapter, and for other purposes means a legal entity.
S. "Rooming unit" means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but no part of which is exclusively or occasionally appropriated to cookery.
T. "Rooming house" means any dwelling or that part of any dwelling containing one or more rooming units in which space is let to three or more persons who are permanent guests.
U. "Rubbish" means combustible and noncombustible waste materials, household and yard debris and ashes.
V. "Supplied" means paid for, furnished, provided by, or under the control of the owner or operator.
W. "Temporary housing" means any tent, trailer coach or other structure used for human shelter which is designed to be transportable and which is not attached to the ground or to another structure, or to any utilities system, or which is situated in a licensed trailer park.
(Ord. 335 (part): prior code § 14.2020)
15.20.030 Applicability.
The term "general building or structure" shall apply to all buildings and structures or portions thereof, existing as of the effective date of the ordinance codified in this chapter or thereafter erected within the residential districts of the city:
A. Application and enforcement of this section shall be in accordance with the provisions of Section 8.1 of the National Building Code, 1967 Abbreviated Edition, as adopted;
B. Buildings deemed structurally unsafe; unstable; unsanitary; inadequately provided with exit facilities; constituting a fire hazard; unsuitable or improper for the use or occupancy to which they are put; constituting a hazard of health or safety because of inadequate maintenance, dilapidation, obsolescence or abandonment; or otherwise dangerous to life or property;
C. Vacant or occupied buildings or structures or portions thereof deemed to constitute a fire, health or safety hazard, vermin or rodent harborage, general nuisance, exterior deterioration which affects the valuation of adjacent or area personal or real property.
(Ord. 335 (part): prior code § 14.3030)
15.20.040 Basic equipment and facilities.
No person shall occupy or let to another for occupancy any dwelling unit which does not comply with the following requirements:
A. Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to an approved water and sewer system.
B. Every dwelling unit shall contain a room which affords privacy to a person within the room and which is equipped with a flush water closet in good working condition and properly connected to an approved water and sewer system.
C. Every dwelling unit shall contain within its walls a lavatory basin in good working condition and properly connected to an approved water and sewer system and located in the same room as the required flush water closet or as near to that room as practicable.
D. Every dwelling unit shall contain, within a room which affords privacy to a person within the room, a bathtub or shower in good working condition and properly connected to an approved water and sewer system.
E. Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of subsections A, C and D of this section shall be connected to both hot and cold water lines in an approved manner.
F. Every dwelling unit shall be supplied with rubbish storage facilities whose type and location are approved.
G. Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers whose type and location are approved.
H. Every dwelling shall have supplied water heating facilities which are installed in an approved manner, are maintained and operated in safe and good working condition, are properly connected with the hot water lines required under the provisions of subsection E and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than one hundred thirty degrees Fahrenheit. Such supplied water heating facilities shall be capable of meeting the requirements of this section when the unit heating facilities required under the provisions of subsection D of this section are not in operation.
I. Every dwelling unit shall have approved, safe, unobstructed means of egress leading to safe and open space at ground level.
(Ord. 339 § 1, 1969; Ord. 335 (part), 1968: prior code § 14.4040)
15.20.050 Light, ventilation and heating.
No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
A. Every habitable room in a dwelling or dwelling unit shall have at least one window or skylight facing directly to the outside, and shall have a minimum of five foot-candles of daylight illumination, measurable at the epicenter of the room, thirty inches above floor level, with a standard light meter facing the light source at noon, Central Standard Time, with the sky of normal brightness. The health officer may approve an indirect means of supplying five foot-candles of natural daylight illumination to habitable rooms without direct openings to the exterior provided that ventilation as required by subsection B of this section is supplied. Each habitable room shall have a minimum window area of at least ten percent of the floor area.
B. At least one window or skylight required by subsection A of this section shall be easily openable unless there is some other comparable method of ventilating the room. A forty-five percent minimum ventilation standard is required
C. Every bathroom and water closet compartment shall have at least one window or skylight facing directly to the outside in order to provide adequate ventilation, or a mechanical type ventilation system provided it produces one complete air change every five minutes. The health officer may approve some other acceptable method of ventilation.
D. Every dwelling and dwelling unit shall have heating facilities which are installed in an approved manner and are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located therein to a temperature of at least seventy degrees Fahrenheit at a distance three feet above floor level, when the temperature outside is minus twenty degrees Fahrenheit. Such heating equipment shall be operated as reasonably necessary to maintain a temperature in all habitable rooms at a minimum of seventy degrees Fahrenheit.
E. Every public hall or stairway in or leading into every multiple dwelling shall have a minimum of one foot-candle of illumination measurable with a standard light meter at floor level in halls and tread levels on stairways, at all times when the structure is occupied.
F. Every dwelling shall be supplied with electricity and shall meet the following requirements:
1. Every habitable room shall contain one electrical convenience outlet for each twenty lineal feet, or major fraction thereof, measured horizontally around the room at the baseboard line, except that in each habitable room one supplied electric light fixture will be accepted in lieu of one of the required electrical convenience outlets; provided, that each habitable room shall contain at least one electrical convenience outlet.
2. Every water closet compartment, bathroom, laundry room, bedroom, and kitchen, furnace room, and public hall shall contain at least one ceiling or wall-type electric light and fixture; and
3. Every outlet and fixture shall be installed in an approved manner and maintained in good and safe working condition.
G. During the portion of each year when the health officer finds it necessary to protect against mosquitoes, flies and other insects, which are of such kind and occur in such numbers as to cause a hazard to health, every door opening directly from a dwelling to outdoor space shall have a supplied screen door with a self-closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens.
(Ord. 339 2, 3, 1969; Ord. 335 (part), 1968: prior code § 14.5050)
15.20.060 Structural maintenance and services.
No person shall occupy or let to another for occupancy any dwelling or dwelling unit which does not comply with the following requirements:
A. Every foundation, exterior wall and roof shall be substantially weathertight, watertight and rodentproof, and shall be kept in sound condition and good repair. All exterior wood surfaces shall be adequately protected from water seepage and against decay.
B. Every floor, interior wall and ceiling shall be kept in sound condition and good repair.
C. Every window, exterior door, and basement hatchway shall be reasonably weathertight, watertight and rodentproof and shall be kept in sound working condition and good repair.
D. Every inside and outside stairway shall be maintained in safe and sound condition and good repair.
E. Every plumbing fixture and water and waste pipe shall be installed in an approved manner, and maintained in good, sanitary working condition, free from defects, leaks and obstructions as required by the Redfield Plumbing Code.
F. Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water, and so as to permit such floor to be easily kept in a clean and sanitary condition.
G. Every supplied facility, piece of equipment or utility shall be so constructed and installed that it will function safely and effectively, and shall be maintained in satisfactory working condition.
H. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from, shut off or discontinued in any occupied dwelling or dwelling units, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies.
I. All rainwater shall be so drained and conveyed from every roof and away from every foundation so as not to cause dampness in basements or in walls, ceilings or floors of any dwelling or erosion of exterior wall surfaces.
(Ord. 335 (part): prior code § 14.6060)
15.20.070 Space requirements– Basements.
A. No person shall occupy or let to another for occupancy any dwelling or dwelling unit which does not comply with the following requirements:
1. Every dwelling unit shall contain at least one hundred fifty square feet of floor space for the first occupant thereof and at least one hundred additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the following basis of total habitable room area shall be counted in determining the maximum permissible occupancy up to ten percent of the total habitable area.
2. At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
B. No basement or space shall be let as a habitable room and no basement or space shall be used as a dwelling unit or rooming unit unless minimum standards set forth in this chapter are complied with and the floors and walls are impervious to leakage of underground and surface runoff water and are free from dampness.
C. Every room occupied for sleeping purposes shall contain a minimum of seventy square feet for a single occupant and a minimum of fifty square feet per person if more than one occupant uses a sleeping room.
(Ord. 339 §§ 4, 5, 1969; Ord. 335 (part), 1968: prior code § 14.7070)
15.20.080 Owner and occupant responsibilities.
A. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and the premises thereof.
B. Every occupant of a dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.
C. Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by subsection G of Section 15.20.040.
D. Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and other organic waste which might provide food for insects and rodents, in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers.
E. Every occupant of a dwelling unit shall keep all plumbing therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
F. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the unit primarily infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner or operator to maintain a dwelling in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner and operator. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner and operator.
G. No person shall occupy or let to another for occupancy any dwelling unit that is not authorized or permitted under the zoning laws of the city.
(Ord. 335 (part): prior code § 14.8080)
15.20.090 Roominghouses.
No person shall operate a roominghouse, or shall occupy or let to another for occupancy any rooming unit, except in compliance with all the applicable provisions of this chapter and the following provisions:
A. There shall be supplied at least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system in an approved manner and maintained in good working condition, for each ten persons, or fraction thereof, including the operator's family, wherever they share the use of the facilities. However, in a roominghouse where rooms are let only to males, flush urinals may be substituted for not more than one-half of the required number of flush water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times.
B. The operator of every roominghouse shall supply and change bed linen and towels therein at least once a week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.
C. Every room occupied for sleeping purposes by one person shall contain at least seventy square feet of floor space or four hundred ninety cubic feet of air space, and every room occupied for sleeping purposes by more than one person shall contain at least fifty square feet of floor space or four hundred cubic feet of air space for each occupant thereof.
D. Every room unit shall have approved, safe, unobstructed means of egress leading to safe and open space at ground level.
E. The operator of every roominghouse shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for maintenance of a sanitary condition in every other part of the roominghouse and premises thereof.
F. Every provision of this article which applies to roominghouses shall also apply to hotels and motels. In addition, every hotel or motel where both sexes are accommodated shall be provided with separate rooms with toilets located in the building, which shall be conspicuously marked for each sex.
(Ord. 339 § 7, 1969; Ord. 335 (part): prior code § 14.9090)
15.20.100 Unfit dwelling– Designation– Vacation order.
A. Designation. Whenever the health officer or his authorized representative finds any dwelling, or dwelling unit or rooming unit which does not conform to the standards established in this chapter, or does not conform with the rules and regulations adopted and promulgated under this chapter, and which by reason of such nonconformity presents an imminent hazard to public health, or to the physical or mental health of the occupants therein, the health officer or his authorized representative may, without prior notice or hearing, designate such dwelling, dwelling unit or rooming unit as unfit for human habitation.
B. Placarding– Order to Vacate. Any dwelling, dwelling unit or rooming unit designated as unfit for human habitation by the health officer or his authorized representative shall be appropriately placarded as such and shall be vacated by the occupants thereof within the time specified in such placard. Such placard shall be deemed an order directing vacation, and shall permit not less than ten days from the date of such placarding for the vacating of such dwelling, dwelling unit or rooming unit unless a lesser time is stated in the order in view of the facts of the situation and the hazard involved as in the judgment of the health officer or his authorized representative is reasonable and proper.
C. Correction of Defects. No dwelling, dwelling unit or rooming unit which has been designated as unfit for human habitation and placarded as such shall again be used for human habitation until written approval is secured from and such placarding removed by the health officer or his authorized representative. The health officer or his authorized representative shall remove such placard whenever the defect or defects upon which the designation and placarding action were based have been eliminated and the dwelling, dwelling unit or rooming unit has been made to conform to the standards established by this chapter and the provisions of the rules and regulations adopted and promulgated under this chapter.
D. Unlawful to Deface Placard. It is unlawful for any person to deface, remove or obscure any placard affixed under the provisions of this chapter.
E. Appeal to Governing Body. Any person aggrieved by the designation of any dwelling, dwelling unit or rooming unit as unfit for human habitation who believes the designation to be factually or legally contrary to the ordinances of the city or the policies and regulations of the Department of Health, may appeal the decision for the designation to the governing body. The placarding of any dwelling, dwelling unit or rooming unit under the provisions of this chapter commences operation of the period in which an appeal shall be perfected.
(Ord. 335 (part): prior code § 14.100100)
15.20.110 Right of entry for inspection.
For the purposes of determining compliance with the provisions of this chapter, the health officer or his authorized representative is authorized and directed to make inspections to determine the condition, use and occupancy of dwellings, dwelling units, rooming units and the premises upon which they are located. For the purpose of making such inspections the health officer or his authorized representative is authorized to enter, examine and survey all dwellings, dwelling units, rooming units and premises upon which the same are located, at all reasonable times. The owner, operator and occupant of every dwelling, dwelling unit and rooming unit shall give the health officer or his authorized representative free access to such dwelling, dwelling unit or rooming unit, and its premises, for the purpose of such inspection, examination and survey. In event of necessity, the health officer, or his authorized representative, shall procure right to entry and inspection by application to and proper orders from a court of record, justice court or municipal court in the city and county. Every occupant of a dwelling shall give the owner thereof, or his agent or employee, access to any part of such dwelling, or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any rule or regulation adopted and promulgated, or any order issued pursuant to, the provisions of this chapter.
(Ord. 335 (part): prior code § 14.110110)
15.20.120 Correction notice– Issuance.
Except in those instances to which Section 15.20.090 is applicable, whenever the health officer or his authorized representative determines that there has been a violation of any provision of this chapter or any rule or regulation adopted pursuant to this chapter, he shall give notice of such alleged violation to the person or persons who are or may be responsible therefor, as enumerated in subsection D of this section. The notice shall:
A. Be in writing;
B. Particularize the violations alleged to exist or to have been committed;
C. Provide a reasonable time, but not less than thirty days in any event, for the correction of the violations particularized; and
D. Be addressed to and served upon the owner of the property, the operator of the dwelling, and the occupant who is or may be responsible for the violation. Service shall be as provided for personal service by the rules of civil procedure for courts of record in South Dakota or by registered or certified mail, return receipt requested, delivered to addressee only. If service is made by registered or certified mail, the health officer or his authorized representative shall include in the record a statement giving details regarding the mailing. If one or more persons to whom the notice is addressed cannot be found or served after diligent effort so to do, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the dwelling affected by the notice, in which event the health officer or his authorized representative shall include in the record a statement as to why such posting was necessary.
(Ord. 335 (part): prior code § 14.120120(a))
15.20.130 Correction notice– Appeal– Right.
Any person affected by a notice issued under Section 15.20.120, who is aggrieved thereby, and who believes the notice to be factually or legally contrary to the ordinances of the city or the policies and regulations of the Department of Health, may appeal the notice to the governing body in the time provided in Sections 15.20.140 and 15.20.150.
(Ord. 335 (part): prior code § 14.120120(b))
15.20.140 Correction notice– Appeal– Variance.
The governing body may authorize, upon appeal in specific cases, such variances from the terms of this chapter or the rules and regulations adopted pursuant to this chapter, subject to terms and conditions fixed by the governing body, as will not adversely affect the public health where, owing to exceptional and extraordinary circumstances, literal enforcement of applicable provisions will result in unnecessary hardship. The burden of proof is upon the applicant to show by clear and convincing evidence that:
A. The variance will not substantially or permanently injure the appropriate use of the other portions of the dwelling involved, or other property;
The variance will be in harmony with the spirit and purposes of the housing code;
C. The variance will protect, preserve and promote the physical and mental health of the people of the city in the same manner and to the same effect as would literal enforcement of the provisions applicable to each particular case.
(Ord. 335 (part): prior code § 14.120120(c))
15.20.150 Correction notice– Appeal– Deadline.
Every appeal must be perfected within sixty days from the date of the decision appealed from or from the time the governing body extends the time within which an appeal may be taken where good and sufficient grounds for enlargement of time are shown. Any person aggrieved by the decision of the health officer or his authorized representative who wishes an enlargement of time in which to appeal to the governing body may request an enlargement of time from the health officer. Upon a showing of good and sufficient grounds, the health officer may extend the time to appeal to the governing body.
(Ord. 335 (part): prior code § 14.120120(d))
15.20.160 Correction notice– Finality.
If no appeal is taken, the notice shall become a final order when the time for appeal to the governing body has elapsed.
(Ord. 335 (part): prior code § 14.120120(e))
15.20.170 Correction notice– Judicial review.
Any person aggrieved by a final decision of the governing body may seek relief therefrom in a court of competent jurisdiction within sixty days thereof.
(Ord. 335 (part): prior code § 14.120120(f))
15.20.180 Rules and regulations– Establishment.
The governing body is authorized to adopt and the health officer shall promulgate rules and regulations deemed necessary for the proper and effective enforcement of the provisions of this chapter. Such rules and regulations shall be consistent with the provisions of this chapter and the standards established in this chapter.
(Ord. 335 (part): prior code § 14.130130)
15.20.190 Rules and regulations– Violation.
Any person who violates any provisions of any rule or regulation adopted and promulgated under this chapter is guilty of a misdemeanor. Each day's violation is a separate misdemeanor.
(Ord. 335 (part): prior code § 14.140140)
Chapter 15.24 Sections:
15.24.010 Permission required.
15.24.020 Application.
15.24.030 Guarantee fund.
15.24.040 Permit issuance.
15.24.050 Payment for damages.
15.24.060 Overhead lines– Notice to utilities.
15.24.010 Permission required.
It is unlawful for anyone to move any building into, along or across any public street, alley or highway within the city without first having obtained permission to do so in compliance with the provisions of this chapter.
(Prior code § 11.0801)
15.24.020 Application.
Anyone desiring to move any building into, along or across any public street, alley or highway within the city shall first apply in writing for permission so to do, to the office of the finance officer, fully stating the name of the applicant, the name of the owner of the building, the description of the lot on which the building is standing and the lot to which it is to be moved, the street along which it is proposed to move the building, the time when the removal will take place and the size of the building. The application shall be accompanied with the sum of at least one hundred dollars to be deposited with the finance officer as a pledge or guarantee fund to protect the city against loss or damage to crossings, sidewalks or other public or private property, or expense for protecting such property against the injuries that may be caused by the removal of such building; the deposit or the balance thereof, after deducting the amount of damages or expenses, if any, caused by such removal, to be returned to the person depositing same upon an official report of the condition of the streets, sidewalks, crossings, or other public or private property after such removal, made by the chief of police to the officer or employee to whom has been delegated the supervision of the streets.
(Prior code § 11.0802)
15.24.030 Guarantee fund.
Whenever the officer or employee in charge of the streets decides from any examination of the application and from such other information as he may obtain, that the sum of one hundred dollars is not sufficient as a guarantee fund for ample protection of the city against the probable damages and expenses that may be caused by the removal of a building, he is authorized and it is his duty to require the deposit of a larger sum than one hundred dollars but not to exceed five hundred dollars.
(Prior code § 11.0803)
15.24.040 Permit issuance.
On the receipt of the application as provided in this chapter, the officer or employee to whom has been delegated the supervision of the streets may personally or through the chief of police investigate the representations of the applicant and if such investigation is satisfactory, he shall approve the application by endorsement thereon and the finance officer shall thereupon issue to the applicant a permit in writing for the removal of the building along or across the streets, highways or alleys to be designated by such officer or employee, the removal to be finished prior to the time stated in the permit.
(Prior code § 11.0804)
15.24.050 Payment for damages.
Before refunding the guarantee fund or any part thereof, it is the duty of the officer or employee in charge of the streets to examine the report of the chief of police and pay out of the fund or set aside for such purposes the amount claimed or ascertained as the damages for injuries to the public or private property, including the expenses for protection to electric, telegraph and telephone wires as described in this chapter, caused or occasioned by the removal of the building as provided in this chapter.
PLUMBING CODE
ELECTRICAL CODE
FIRE CODE
HOUSING CODE
MOVING BUILDINGS