While I agree with Mayor Huether that we do need code enforcement and should require people to cleanup dangerous properties (public safety and health issues) I advise him to read the 5th Amendment of the US  Constitution before he starts saying stuff like this;

“If you have a business and it’s dangerous to the people of Sioux Falls, we’re going to ask you to take care of it, and if you don’t, we’ll take care of it and send you the bill,” said Huether.

City officials aren’t just focusing on commercial property.  They say they want homeowners to do their part too.

“Folks, if you’re a neighbor who’s not going to take care of their yard, their sidewalks or have a junky car sitting in front of their house, you’re not going to like me as your mayor,” said Huether.

First off, as it sits now, the city has NO authority to cleanup any private property and send people the bill, until you dismantle the ‘administrative appeals’ process which has been found to be unconstitutional. And as for sidewalks adjacent to the boulevard, the city owns them so that is your responsibility. So cleanup, fix and invoice away, without due process a citizen doesn’t owe the city a penny for the work.

5 Thoughts on “Code Enforcement gear up – but what about that pesky 5th Amendment?

  1. Costner on July 5, 2010 at 9:50 am said:

    “And as for sidewalks adjacent to the boulevard, the city owns them so that is your responsibility.”

    Dead horse – meet L3wis. Seriously man… it is long past time you move on from this issue. As is the case in thousands of cities across America including most of them right here in our very own region, sidewalks are paid for by homeowners when they are first installed and the maintenance costs associated with them are also the homeowners responsibility. To suggest the city would have to pay for their installation, maintenance, and upkeep would not serve any purpose whatsoever as all of those costs would merely be transferred back to the homeowners in the form of other property taxes.

    Get over it already. If you don’t want sidewalks you can move out in the country or to a place like Rowena which doesn’t have any use for them.

    If you really want to talk about property injustice, just go talk to a farmer and ask them how they feel about paying property taxes on the land right up to the center line of the road adjoining it. They don’t own the road – they can’t even plant crops in the ditch nor can they move the fence line… but they still pay taxes on every acre of that land.

  2. Yet farmers bail hail in their ditches all over the state and feed it to their animals . . . hmmm.

    This city and other cities DO pay for and build public sidewalks all over this city, its a matter of consistency.

  3. Plaintiff Guy on July 5, 2010 at 1:12 pm said:

    It will be interesting when the city takes someone to court and the case is dismissed. City code 2-66 provides that NEITHER party can appeal into court.

    If they come onto your property without a court order, it’s trespassing and theft. You can defend as necessary. On the other hand, if you need some trash cleaned up, let them do it. When you get their bill, you ignore it and sue for what you consider the property they stole worth. I’d say minimum $1 million.

    The people we respect the least are those that make idle threats and bullys. There’s lots of both at city hall.

  4. Plaintiff Guy on July 5, 2010 at 1:16 pm said:

    L3wis,

    ‘The people we respect the least are those that make idle threats and bullys. There’s lots of both at city hall.’

    Did your dad say this first?

  5. Costner on July 7, 2010 at 7:06 am said:

    Yet farmers bail hail in their ditches all over the state and feed it to their animals . . . hmmm.

    In some cases, but they have to wait until a specific date before they are ‘allowed’ to, and then they need to seek approval before doing so.

    On top of that, they state won’t allow farmers to plant something like alfalfa that would be much better feed…and instead they just use straight grass (mixed with quite a few weeds)… which explains why most road ditches are never used for hay unless it is a very dry year.

    Either way if the state or county decides they want to mow the grass they don’t need the approval from the farmer who is paying taxes on the land. Thats just life.

Post Navigation