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5-3-1 Site
of Landfill
The governing body has contracted with Walworth County to
provide a place or places known as garbage collection sites or
sanitary landfill for the deposit of all garbage, rubbish,
metal debris, tires, appliances, ashes, grass cuttings, tree
materials, and other waste and discarded materials collected
or accumulated in the City. Such material shall be taken to
and placed within the landfill in accordance with the rules
and regulations promulgated by the Walworth County
Commissioners.
5-3-2
Rubble Site
A rubble site shall be setup by the City for the acceptance of
trees and tree branches, subject to regulations as set by the
Council in regard to fees and ties of operation.
5-3-3
Refuse Hauling
Every domestic family unit and multiple dwelling shall have
their normal quantity of refuse hauled by the garbage
contractor. Businesses may contract with the city contractor
or shall make other provisions to, in a timely manner, have
their refuse hauled. Refuse derived from dismantling or
remodeling homes or other building, new construction,
including curb and sidewalks, fire damages, barn wastes,
excavated earth or sand from contractors’ projects or
individual construction, shall be disposed of by the person,
persons, firm or contractor responsible for such refuse.
Refuse shall not include dead carcasses, carrion, entrails and
bones of slaughtered animals, filth from any privy box or from
a cesspool.
Properly cut tree debris, scrap lumber and metal debris,
tires, appliances, mattresses, and other furniture may be
collected by the City when authorized and directed by the
governing body during designated clean-up periods. Some
material may be subject to a fee to City Hall prior to
collection. Citizen haulers shall be permitted to haul tree
branches, tree trunks and other waste and rubbish to the
collection site or sanitary landfill which they shall deposit
at a designated location as directed by the County Sanitary
Landfill Supervisor, except that car bodies, machinery and
large pieces of scrap metal shall not be deposited or
permitted at the garbage collection site or sanitary landfill
area at any time unless authorized by the Walworth County
Commission. All applicable fees are the responsibility of the
citizen hauler.
5-3-4
Refuse Deposition
No garbage, rubbish or waste material collected in the city
shall be deposited at any location except such area or sites
that are so designated or contracted for by the governing
body.
5-3-6
Violations
Any person, persons, firms or corporations violating any of
the provisions of this Ordinance or violating any rule or
regulation promulgated by the city Council and Zoning Officer
and approved by the governing body and duly published shall
upon conviction thereof, be deemed guilty of a misdemeanor and
punished by a fine of $100.00, or by imprisonment in the City
Jail for not to exceed ten days or by both such fine and
imprisonment. Each day that a violation of the Ordinance, or
any rule or regulation promulgated thereunder, shall be
considered a separate offense, punishable upon conviction as
stated.
5-4A-1
Definitions
A. The term “refuse” or “solid waste” as used in this chapter
shall be interpreted to mean kitchen waste, an accumulation of
animal and vegetable matter which attends the preparation,
cooking, and eating of food; cans, bottles, paper, other waste
materials ordinarily originating in a household, but excluding
yard waste, tree limbs, industrial byproducts, building
materials, metal objects more than 12 inches in length, ashes,
dirt, rock, sand, brick, tile or concrete, asphalt, sewage and
body wastes, and any object that will not fit into the waste
container hereinafter defined.
B. The term “owner” shall mean the actual owner of the
building or real estate, either individual, partnership, or
corporation, the agent of the owner in charge of such
property, or the person to whom any rental or such property is
paid.
C. The term “occupant” shall mean the individual, the
partnership, or the corporation that has the use of the
building or real estate, either residence or commercial, or a
part or a portion thereof, whether the actual owner, tenant,
or sub-tenant. In the case of vacant buildings, residence or
commercial, or any vacant portion of the building or real
estate, the owner, agent or custodian shall have
responsibility or an “occupant” of said property.
In the case of a multiple family building or residence, each
family shall have the responsibility of the “occupant” of said
building.
D. The term “business building” shall mean any structure,
public or private, that is adapted for occupancy, for
transaction of business, for rendering professional services,
for amusement, the display, sale or storage of foods, wares,
or merchandise, or for the performance of work or labor,
including – but not being limited in its application to
hotels, office buildings, public buildings, stores, theaters,
markets, restaurants, grain elevators, warehouses, work shops,
factories, and all out-buildings, sheds, barns, and other
structures and premises used for business purposes.
E. The term “residence building” shall mean any structure that
is used for the housing and living quarters.
F. The term “yard waste” shall mean organic materials that can
be composted and shall be limited to yard and garden materials
such as grass, leaves, weeds, and flower and vegetable garden
waste. (2003)
5-4A-2
Collection-Residential Service
A. General
All garbage, rubbish, rubble, and refuse created, produced, or
accumulated in or about a dwelling house, residence building
or place of human habitation in the City limits of the City of
Mobridge shall be removed from the premises at least once each
week. The city may require a greater number of collections per
week. The city shall contract for lowest bid to a solid waste
hauler for a period of one to three (1-3) years. The city
shall bill all residents on their monthly utility statements.
No billing will be done by the private hauler for residential
service. (2003)
B. Property Owner’s Responsibility
The owner or person in control of any private property,
residence building or business building shall at all times
maintain the premises free of commercial waste, household
waste, garbage, infectious waste, industrial waste, rubble or
yard waste except that used for composting. (2003)
C. Customer Containers and Location
1. No person or occupant shall deposit any refuse for
collection by a licensed garbage collector or hauler, except
in a suitable watertight metal or plastic container, with a
tightly fitted cover or in a garbage dumpster/tote which may
be provided. All paper, pasteboard boxes, building material
waste, and similar rubbish and waste shall be deposited for
collection in a box or bin provided with a lid which shall be
kept closed.
2. The owner or manager of any dwelling who rents, leases, or
lets dwelling unit(s) for human habitation shall provide in a
location accessible to all dwelling units at least one
30-gallon receptacle for each dwelling unit, or receptacles
with a capacity sufficient to prevent the overflow of garbage
and rubbish from occurring, and receptacles for recycling,
into which garbage, rubbish, and recyclable materials from the
dwelling units may be emptied between days of collection. The
owner or manger of the units shall subscribe to and pay or
provide for garbage removal and recyclable service as required
by ordinance.
3. Garbage containers shall be kept on the premises adjacent
to an alley bordering on the premises so they are accessible
from the alley adjoining the premises. Where no alley is
available, they may be placed on the boulevard, driveway or
parkway adjoining the premises on the day of garbage
collection. If alleys become impassable, the City may order
that residents place the containers in the boulevard, driveway
or parkway adjacent to the premises on the day of garbage
collection until such time as the alleys again become
passable. (2003)
5-4A-3
Collection-Commercial/Business Establishments
All commercial establishments, including but not limited to
hotels, motels, food or beverage service establishments, and
retail, wholesale, service, industrial and warehousing
establishments, shall arrange for disposal of refuse generated
by or accruing to such establishment by a licensed commercial
garbage collector or hauler. This will not include churches or
apartment buildings. (2003)
5-4A-8
Violations
Any person, firm or corporation failing to comply with
provisions of this Chapter shall be subject to a fine of two
hundred dollars ($200) for each day’s failure to comply
therewith and each day shall be a separate violation. In
addition, any commercial garbage collector or hauler convicted
of a violation of any terms of this Chapter shall forfeit
his/her/its license for not less than 30 days. (2003)
5-5-1
Purpose
The purpose of this ordinance 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.
5-5-2
Definitions
(a) Building: Any structure designed or intended for the
support, enclosure, shelter, or protection of persons or
property.
(b) Premises: A lot or parcel of land, improved or unimproved,
parking areas thereon, walkways, and sidewalks.
(c) Sidewalk: A strip of property lying in front of and
between the curb line and property line of the adjoining or
abutting lot, piece, or parcel of land within the city.
(d) Building Official: As used in this ordinance, shall be
construed to mean the City Health Officer, the Chief of
Police, the Fire Chief, the Building Official, their
respective authorized representatives, or any other city
official authorized by the legislative body of this
jurisdiction with enforcement of this ordinance.
5-5-3
Maintenance of Premises and Buildings Generally
It shall be 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 of surrounding properties.
5-5-4
Enumeration of Conditions Constituting Nuisance
(1) 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.
(2) 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.
(3) Manure. The accumulation of manure, unless it be in a
properly constructed fly-proof, pit, bin, or box.
(4) Breeding Places for Flies. The accumulation of manure,
garbage, or anything whatsoever in which flies breed.
(5) Stagnant Water. Any excavation in which stagnant water is
allowed to collect.
(6) Weeds. Permitting weeds to grow to maturity on any private
property, including vacant lots.
(7) Dead Animals. For the owner of a dead animal to permit to
remain undisposed of longer than twenty-four hours after its
death.
(8) Privates 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.
(9) Handling Garbage Improperly. Throwing or letting fall on
or permitting to remain on any street, alley or public ground
any manure, garbage, rubbish, filth, fuel or wood engaged in
handling or removing any such substance.
(10) Rodents. Accumulating of junk, old iron, automobiles, or
parts thereon, or anything whatsoever in which Rodents live,
breed, or accumulate.
(11) Bonfires in Public Places. Burning, causing, or
permitting to be burned in any street, alley, or public ground
any dirt, filth, manure, garbage, sweeping, leaves ashes,
paper, rubbish, or material of any kind.
(12) Parking Livestock Trucks or Trailers in Residential
Districts. Parking or permitting livestock trucks or trailers
to remain on any street, area, or public ground in a
residential district where such truck or trailer gives off any
offensive odor or is contaminated with manure or other filth.
(13) Buildings which are abandoned, boarded up, partially
destroyed, or partially constructed and uncompleted subsequent
to the expiration of building permits.
(14) Building 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, and cracking.
(15) Broken windows, doors, attic vents and under floor vents.
(16) Overgrown vegetation which is unsightly and/or likely to
harbor Rodents or vermin.
(17) Dead, Decayed, or diseased trees, weeds and other
vegetation.
(18) Trash, garbage, or refuse cans, bins, boxes, bags, or
other such containers permanently stored in front yards
visible from public streets.
(19) Lumber, junk, trash, tires, debris or salvage materials
maintained upon any premises which is visible from a public
street, alley, or adjoining property.
(20) Abandoned, discarded or unused furniture, stoves, sinks,
toilets, cabinets, refrigerators, deep freezes, washer and
dryer appliances, or other household fixtures or equipment
stored on the premises.
(21) Premises having topography, geology, or configuration
which as a result of grading operations or improvements to the
land causes erosion, subsidence unstable soil conditions, or
surface or subsurface drainage problems as to pose a threat to
or be injurious to adjacent premises.
(22) Abandoned, wrecked, dismantled or inoperative trailers,
campers, boats, and other motor vehicles which are accumulated
or stored in yard areas.
(23) Building exteriors, walls, fences, driveways, or walkways
which are cracked, broken, defective, or deteriorated, in
disrepair or defaced.
(24) Any like and similar condition or conditions.
(25) No person, firm or corporation shall leave or permit to
remain outside of any dwelling, building, or other structure
or within any unoccupied or abandoned building, dwelling, or
other structures under their control in a place accessible to
children any abandoned or discarded icebox, refrigerator, 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 said door or lid, snap lock or
other locking device from said icebox refrigerator, or
container.
(26) Every privy in the City of Mobridge which is located upon
any lot, part of a lot, or parcel of ground abutting upon a
street in Mobridge along which an underground sanitary sewer
passes adjoining said lot in front or on the side, is hereby
declared to be a public nuisance.
(27) Every outdoor privy in the City of Mobridge which is
located upon any lot, part of a lot, or parcel of ground
abutting upon a street in said City along which an underground
City water main passes in front of or along the side of said
lot; and where there is a sanitary sewer adjacent thereto,
shall be provided by installation and maintenance of septic
tanks or cesspools; and any such privy located adjacent to
said water main and not having available sanitary sewer
facilities as above described, which does not provide sanitary
septic tanks or a cesspool, shall be and is hereby declared a
public nuisance.
5-5-5
Required Sanitation of Buildings and Premises
It shall be unlawful to permit by act or omission the
following specific acts, conditions, and things which are
hereby also declared to be public nuisances:
(a) Failing, refusing, or neglecting to keep the sidewalk in
front of or surrounding a house, place of business, or
premises, in clean and safe condition.
(b) Maintaining upon a premise 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 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 (8) months from time of placement of
waste materials upon premises.
For sites where filling, grading, or excavation activities
have or will span more than one year it shall be the duty of
the owner, lessee, occupant or person in possession of said
premises to level or remove the waste materials from said
premises at least once each year during the months of either
June, July, or August for the purpose of maintaining weed and
rodent control.
5-5-6
Right of Entry
Whenever necessary to make an inspection to enforce any of the
provisions of this ordinance, or whenever the building
official or his/her authorized representative has reasonable
cause to believe that there exists in any building or upon any
premises, any condition which is prohibited under this
ordinance, the building official, or his/her authorized
representative may enter such building or premises at all
reasonable times to inspect the same or to perform any duty
imposed upon the building official by this ordinance, provided
that if such building or premises be occupied, he/she shall
first present proper credentials and demand entry and if such
building or premises be unoccupied, he/she shall first make a
reasonable effort to locate the owner or other persons having
charge or control of the building or premises and demand
entry. If such entry is refused, the building official or
his/her authorized representative shall have recourse to every
remedy by law to secure entry.
No owner or occupant or any other person having charge or care
of any building or premises shall fail or neglect, after
proper demand has been made as herein provided, to properly
permit entry therein by the building official, or his/her
authorized representative, for purpose of inspection and
examination pursuant to this ordinance. Any person violating
this subdivision shall be guilty of a misdemeanor.
5-5-7
Notice to Abate, Issuance
Whenever the building official is notified that any condition
or conditions prohibited in this ordinance 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 permits be secured
therefore 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 therefore
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.
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
issuance 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.
5-5-8
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 filling 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.
5-5-9
Abatement of City
In the event that a person shall fail to abate any nuisance
created, permitted, or maintained by him/her following written
notice to do so, the building official shall cause such
nuisance to be abated.
The building official shall prepare a statement of expense
incurred in the raising, 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 and improvement, 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.
5-5-10
Alternate Abate Procedure
In addition to any method of abatement of nuisance within the
city provided by the provisions of this article, any nuisance
found within the city may be abated in the manner provided by
state law.
5-5-11
Notice of Equalization Assessment
Within ten days after the filing of the statement referred to
in this ordinance, 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 addressed to
his/her last known address, or to the general delivery,
Mobridge, South Dakota, 57601, if such address is unknown.
5-5-12
Equalization 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. Said objections shall be presented tot he City
Commission by the Finance Officer at their next regular
meeting. The City Commission shall determine by resolution the
assessment and shall proceed to place a lien against said
property until the assessment is paid.
5-5-13
Recovery of Expenses-Special Assessment
The City may recover the expenses incurred by the building
official in abating a public nuisance by taxing the cost
thereof by special assessment against the real property on
which the nuisance occurred.
5-5-14
Same-Civil Suit
The city may recover the expenses incurred by the building
official in abating any nuisance under the provisions of this
ordinance from the person creating, permitting, or maintaining
the same in a civil suit instituted for such purpose.
9-2-1 Duty
of Owner or Occupant
It shall be the duty of the owner or occupant or person in
possession or in charge of any lot, parcel, or plot of ground
fronting or abutting upon any sidewalk, to keep such sidewalk
free and clear from snow and ice at all times. When it is
impossible to take snow and ice from such walk by reason of
its being frozen to the sidewalk, the owner or occupant or
person in charge of such lot shall sprinkle or spread some
suitable material upon the same to prevent the walk from
becoming slippery and dangerous to travel.
9-2-2 City
Shall Remove
If the owner or person in possession or in charge of any of
the said lots, parcels, or plots of grounds, fails or refuses
to remove the snow or ice from such sidewalk within twelve
hours of the falling of said snow of the forming of said ice,
the City shall remove or cause to be removed said snow or ice
each time it is necessary and assess the cost thereof against
the fronting or abutting property.
9-2-3 Cost
Assessed
The officer in charge of streets shall cause an account to be
kept against each lot for the removal of snow from the
sidewalks each year and some shall be certified to the City
Finance Officer on or before the 15th of May each year.
The City Finance Officer shall prepare an estimate of the
assessment against each lot for the removal of snow for the
proceeding winter and fall and submit the same to the Council
for its approval on or before the 1st day on June of each
year, and shall publish in the official newspaper a notice to
property owners of the time and place when and where the
Council will meet for the purpose of approving such estimate.
Such notice shall be published at least one week prior to the
date set for said hearing.
Upon the day so named, the Council shall meet; and if they
find said estimate correct, shall approve the same, with or
without modification or amendments as they may deem proper,
and file said assessment with the City Finance Officer. From
the date of such approval and filling, the same shall be
collected in like manner as special assessments are now
collected for public improvements.
9-2-4
Recovery by City
In lieu of spreading the cost of such snow removal as a
special assessment against said property in the discretion of
the Council, said amount may be recovered in a civil action
against the owner or occupant of said property.
9-2-5
Penalty
Any person whose duty it shall be to remove snow as set forth
in Section 9-2-1, and who fails to remove such snow within the
time therein set forth, shall be guilty of a misdemeanor; and
upon conviction thereof shall be fined an amount set by
resolution in addition to the other penalties prescribed in
this chapter; and in addition thereof, shall be liable to the
municipality for any damage caused by the neglect to keep such
sidewalk clear and free of snow and ice as provided in this
chapter. |
