I guess the city is sending engineers (again) door to door to see who’s sump pump goes into the sewer line. By law, you don’t have to let them in unless of course you want them snooping around your property.
In all fairness, if they do stop by, I would ask them these questions;
1) Do you have a search warrant?
2) What is the ‘real’ purpose of this visit?
3) Did you vote for Mike Huether for mayor?
Of course I could add to this list, but I think I will let my commenters take a shot at it.
From 8 years experience dealing with the city, they can’t be trusted. Huether is on a revenue campaign with fines. They’re not looking at your sump pump. They’re looking for anything inside they can fine you or you don’t have a permit for. You’ll find things missing once they’ve left. If they’re persistant, taze them till they’re off your property.
Everyone should pump into the sewer line. Most neighborhoods are poorly planned lots drainsge. The sewer not the city is the only way to be sure you’ll not be flooded. It can take 10 years and then you’re only partially reimbursed from the city. They can’t come in without a warrant and a court will not give them one. In the present environment, citizens must colaborate in a vigilante manner to keep these nazis out of our neighborhoods.
“If they’re persistant, taze them till they’re off your property.”
Dan – That was AWESOME! I had a great visual imagining the taser in full action on some snot nosed teen wanting to dig around in my basement! I do agree with the message though. I definately wouldn’t want someone doing ‘random checks’ on my sump pump, toilets, or any other device in my house.
Let them search your sewer outlet with their fancy camera system. The city would need to acquire a search warrant to gain access to your home or business to inspect the sump pump system.
Experience gained from many city dwellers, once you allow the city inspectors in, expect others to follow to harass.
Require a search warrant to allow any entrance by any city personnel.
But, But, But, they are just providing a ‘friendly’ service. Years ago in the Pettigrew Heights neighborhood they just finished Project NICE. Followed was several code enforcement violations. I guess as the city was picking up junk they were also reporting code violations of the properties.
Finally, citizens are starting to get it that the city represents itself not citizens. They don’t care where you sump to. They’re after fines to fund their lucrative benefits package or fund unnecessay Huether projects. We, the people, paid for the sewers that were part of MBM (Mayors Before Munson) infrastructure management.
There’s no trust. That went out the window with camera tickets, the Daily case, a rigged EC vote, 70 shots into a quiet neighborhood, false arrests, a dictator government, ignored petitions, city council censureship, etc. etc.. We don’t respect you and you’ve made it so we can’t restore democracy.
Actually DL, as I believe the city has adapted the IMPC (International Property Maintenance Code) as a part of the city ordinances and it does indeed give code enforcement officials right of entry for inspection. (Sec 2, 104.3)
Sorry Ruf, US Constitution trumps city charter. Everytime. The city CANNOT come into your home to inspect your private property. Unlike a gas, electric or water meter, the city doesn’t own your sump pump. Nice try though.
Dan, pumping your sump line into the sanitary line is a huge risk if you consider you are pumping it into the sewer line that every house is connected to…
My elderly neighbor built his house as low as possible (for handicap accessibility) and also has a sanitary sewer lift station in his own basement because he is so low. Being he is the lowest lot and basement in the hood, he also pumps the most water for his sump. He said it was pumping every 20 seconds last week.
He applied for a permit to pump into the sewer (which is for the winter months only) was given one. He asked me to plumb it in and I made it as easy as possible. With the turn of just 2 valves it switches. I asked him 2 weeks ago if he switched it over to pump to the gutter (a line I dug in for him as well) and he said “No. I don’t like that it keeps the gutter wet and turns green”.
The problem is: if too many people pump water into the sewer line, like the hard rains we’ve had, it overwhelms the sanitary line and it backs sewer into neighboring basements. Sewer back flow preventors are not required in this city. But they are required in lift stations so he is without risk.
It believe as of 2 years ago all new developments must have a separate sump distribution line. So the city has been working to design better systems
I don’t want to turn him into the city but we are worried that he and others will cause us a sewer backup. We purchased rubber plugs for the lower level sinks, drains, tub and toilet. But we have to be here if and when this nasty event happens to install the plugs. I know damn well he received a letter form the city informing him that he must pump it to the curb.
I don’t think they should bring in the Gestapo to hassle home owners but people just don’t give a shit about others these days. I never asked for or was given 1 cent for the help I gave him and now he could care less if my property is at risk.
FYI, city streets, curb/gutter and lot height above the streets are designed to be a reservoir in the event the storm drain cannot keep up. We’ve seen water to the top of our curb 9 times in 5 years but we have not had water in the basement yet. Knocking on wood!
So please PUMP IT TO THE STREET.
THANK YOU
Discharging your groundwater into the sewer system is bad math. The city has a program available to retrofit those neighborhoods with groundwater problems with sump pump collection systems.
DL – the constitution does not prohibit search – it prohibits UNREASONABLE search. Read it. Reasonableness is what matters. If the city has a legitimate REASON to enter – they may. Examples: fire marshals do NOT need a warrant to check capacity violations – health department officials do NOT need a warrant to check the cleanliness of a commercial kitchen. We can go on and on and on – if you want.
LJL, it is too bad your neighbor is more concerned about green stuff staining his concrete and not the brown ready to invade other people’s homes. Some of us have had water invade our homes due to neighbor problems or just plan action by ‘problem neighbors’.
Code enforcement as constituted in Sioux Falls was ruled by the South Dakota Supreme Court unconstitutional due to the actions of current and past personnel. Read the Dan Daily’s case. Those who live outside of Sioux Falls, you have the right to legal appeal. For residents of Sioux Falls, the demands of code enforcement personnel end with “I’ll hold my breath until you down what I say”. Kind of like your three year.
Actually all law, fire or code enforcement officers must have a search warrant if the owner of private property does not allow access. For suspected violations they better have a good reason bordering on criminal.
In the ruf examples above there are agreements made between to receive their license to operate.
Such as: If a commercial kitchen does not allow health department inspection, then it in the license to shut them down.
Such as: If the commercial business is over capacity, it is also in their license to operate, sell booze or food to follow the guidelines. So shut them down until they comply.
There is a civil contract with the state / city for the license. As part of the agreement to do business, criminal penalties may have been part of the agreed licensing.
Demanding or forcing access to private property by an agent of the ‘state’ is not constitutional. Just to inspect a private home for a sump pump ‘civil’ violation is without criminal cause. No warrant, no access – its the Constitution. If the home owner does not let the code enforcer in the house, too bad so sad. As a society, we have been conditioned to step aside and let the ‘state’ take control. Dan Daily did not and we are all better for it.
The Daily case should have been a wake up call to the city to open up the charter process again and clean it up. In the mean time, be a good neighbor and route your sump pumps properly to the yard so it can drain to the gutter.
Regarding search, the state does not recognize city civil procedures. They can’t get a search warrant because a court does not recognize them. If they’d modify city code and have the courts test it, they could get a warrant from a judge. The real problem is the city attorney and his 3 assistant attorneys are afraid of or have never tried a case. They’re like the Smiths’ (Darin & Kevin), if you’re incompetant go to work for the city.
Sure, if you refuse entry to a code officer, they’ll go get a warrant. But “Warrants” issued for code enforcement are not “search warrants” – like a crime investigation. They are called “administrative warrants”, and aren’t issued by a court, but by an “authorized official”. They do not require anywhere NEAR the probable cause level required for a search warrant. Code officer goes to his supervisor/authorized official and says “Guy says I need a warrant.” Supervisor says – what’s going on?” Code officer says, “I can see sump pump discharge from every other house on the block but not this one.” Supervisor signs warrant and back the code officer goes. Knock knock – here’s your warrant.
ruf, read the Daily file someday and understand the implications. Things which apply to most of South Dakota do not all apply in Sioux Falls.
Testor – The procedure I have cited is straight out of the IPMC. The city of Sioux Falls has adapted the IPMC as part of its ordinances. It applies.
“Years ago in the Pettigrew Heights neighborhood they just finished Project NICE. Followed was several code enforcement violations. I guess as the city was picking up junk they were also reporting code violations of the properties.”
I actually know someone who lives in the neighborhood and it seems as if the two events are not related – directly at least. The refuse haul-away and cleanup effort was an effort by the city to address code violations before they had to bother to look for them. By hauling away piles of junk the thought was it would be a great way to eliminate all of those problems and that would be the end of it.
Later, after that phase was completed, inspectors did actually walk the neighborhoods looking for violations. The person I know witnessed it as two of them walked down the alley and wrote up a few minor things along the way (she in fact did receive a notice and had to resolve an issue). It wasn’t a huge deal and obviously it is something they could have done at any time had they cared to look, but since there was so much focus on that area they focused their efforts.
So it wasn’t really the same people, but it was part of the same goal and same project. I suppose they could have skipped the cleanup portion and just started writing violations, but I prefer the way they handled it.
Now I realize code enforcement is a touchy subject on this blog, but you need to pick your preference… either you support code enforcement, or you support neighborhoods falling into disrepair and the expansion of the ‘slums’ that is Pettigrew Heights. Because if we are honest about it that is what happens.
It is the ‘broken window’ philosophy…. one property owner lets his or her property fall into disrepair and has junk cars parked on the lawn and the next thing you know their neighbors do as well. It expands and property values fall as crime rates rise.
It is a common theme witnessed countless times all across the nation, and I’ve actually witnessed it myself in a Western Sioux Falls neighborhood full of starter homes. In one area people started parking their racecar trailers and commercial vehicles on the street blocking people’s views. Trash cans were continually left outside and were blown over littering soda bottles across lawns, landscaping wasn’t maintained, and you started to notice things like junk cars parked in driveways and on the street some of which didn’t even have active tags.
Meanwhile only a few short blocks further South you had the exact same homes built by the exact same builder and originally sold for the same prices. Yet there were no junk cars, no racecar trailers or commercial vehicles, lawns were mowed, property was maintained. It looked like an entirely different neighborhood in an entirely different city.
So what was the difference? Well… it may seem silly, but it boiled down to the neighborhood further South having a couple of ‘busybodies’ living there who had no problem calling the city to cite a code violation when it happened. So when a junk car showed up, eventually the city was notified and the junk car went away. When an RV was parked in the driveway for a month and people started actually using it as an extra bedroom, the city was notified and the RV went away. When a tow truck driver parked in the driveway completely blocking the sidewalk on a daily basis he was cited. When someone opted to start collecting piles of construction debris in his backyard he was told to clean it up – and he did.
Now let me be clear – people weren’t patrolling the neighborhood with rulers measuring grass nor were they walking around with clipboards trying to find every minor thing possible. However they did just enough to ensure the neighborhood stayed in good shape… and it worked.
I should know because I lived there and saw it first hand, and I happen to know one neighbor who took a sincere interest in keeping the place looking good which mean they did have to place a few calls to the city (for some of the examples I gave above). In one case, after having a neighbor park his junk car in front of my house and later in his driveway for over a year with no active tags, and after he opted to start using said vehicle to store lawn clippings – I actually called the city myself… and the car was gone within a week or so.
I fully realize some people abuse the code enforcement division, and sometimes the city has been known to abuse it themselves, but even though it isn’t perfect I’d still rather live in a city that has an active code enforcement group than one which simply doesn’t care.
I would agree with you Craig, that there needs to be ‘some kind’ of enforcement. But what amazes me is that the city is in constant state of denial when 1) it comes to their own property, 2) Their claims they don’t have the ‘resources’ to maintain their property, yet they have plenty of ‘resources’ to drag people to appeal hearings and court and to go around and write up these violations. That has always been my biigest complaint with Project Trim. If a city employee is looking at a blvd branch that is in violation, instead picking up a pen and writing a violation, why not pick up a saw and cut it off. I think more people would be more comfortable with a city that actually helps it’s citizens being in compliance instead FORCING it’s citizens to be in compliance.
All of the property surrounding Cherapa is completely overgrown. The grass is so high you cannot see the huge quartzite boulders that are scattered around the property.
The taxpayers “gifted” Mr. Scherschligt with a 6 to 7 million dollar landscaping project in front of his building and then he doesn’t even bother to maintain the grounds surrounding Cherapa!!??!
anon- don’t quote me on this, but I think he got a special permit for the grass because it is prairie grasses, and they are allowed to grow like that. Not sure though.
Well to play devil’s advocate for a moment, if you start conditioning residents to understand if a tree needs trimming that the city will do it, how does that not lead to them just not bothering to EVER trim their trees?
For every branch that is a code violation, there are a dozen people who actually DID trim their trees so it wasn’t an issue.
Same issue with lawns – instead of the city writing a code violation I suppose they could just mow the lawn, but what lesson does that teach? A lawn needs to be mowed so the city will do it?
The boulevard is full of weeds – the city will spray it.
The sidewalks are heaving – the city will replace them.
The tree is dead and needs to be removed – the city will do it.
Why should the city maintain property for homeowners? One code enforcement officer can drive 10 blocks and note every tree which needs to be trimmed in what… half an hour? Now if a crew comes in to trim all those trees it will take them a day – possibly several days depending upon the number of trees and the size of the branches.
So as we’ve said before everyone else is paying for those expenses to benefit a homeowner who is either too lazy to do the job themselves or too tight to pay someone to do it for them.
I don’t see a city service… I see a city handout at the expense of everyone else. Where does it end?
Craig, I mean more of a ‘partnership’ then anything. Why can’t the city work with residents on this together? They did during the ice storm.
Make every day and every issue an emergency.
A partnership requires participation by both parties – or ALL parties (as in all citizens). Someone who is not trimming their trees,, mowing their grass, picking up their trash, is collecting broke-down junk – is NOT participating in the partnership. FYI.
DL – aren’t they already engaging in a partnership? The city verifies the trees need trimming and notifies the property owner – they don’t issue citations or fines initially and only do so after the property owner fails to address the problem.
What other suggestions do you have to engage in a partnership that doesn’t involve all of the expense and effort being expelled by the city alone?
rufus is right… a partnership requires participation by both parties and if the city actually trims the trees it isn’t much of a partnership.