South DaCola

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

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.

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