While I cold certainly go on several rants about how our president and governor are handling this situation by not being proactive, even now with the data they have, I have to admit my disapointment in our mayor.
The mayor does have the power to shut down businesses that are encouraging the spread of the virus, as Cory has pointed out in our charter;
§ 92.070 PROHIBITED.
No person shall create, commit, maintain or permit to be created, committed or maintained any nuisance within the city.
§ 92.071 ILLUSTRATIVE ENUMERATION.
Whatever is or imminently may become hazardous or dangerous to human health, whatever renders the ground, the water, the air, or food a hazard or an injury to human health, or whatever annoys, injures, orendangers the health, comfort, or safety of others… are, each and all of them, hereby declared to constitute nuisances….
§ 92.074 ABATEMENT BY CITY; COSTS LEVIED AGAINST PREMISES.
When there exists on private property a condition which has been determined a nuisance by a city enforcement employee, a notice will be served in the matter specified in § 92.072. The notice will describe the matter to be removed or corrected and require removal or correction thereof within 14 days. The city health officer may shorten the timeframe for removal or correction if the health officer determines the nuisance item(s) presents a significant risk to the public health if not removed or corrected in less than 14 days. If the city health officer determines a shortened timeframe is appropriate in a particular case, the shortened timeframe shall be set forth in the notice. Any additional nuisance conditions not previously observed, or that may have been added to the property after the city’s inspection(s), must also be removed or corrected within the timeframe specified in the notice of violation.If at the end of the 14 days, or less as set forth in the notice, the nuisance has not been removed or corrected, the city shall have authority to cause the correction or removal and disposition. All costs incurred by the city for the removal and disposition of the nuisance or for correcting the nuisance shall be assessed, levied and collected as a special assessment payable in one sum or by up to five equal annual installments as the city council may provide against the premises from which it was removed, in the manner provided by law for the levy and collection of other special assessments [emphasis added; Sioux Falls City Code, retrieved 2020.03.22].
Who does the City’s Health Officer, Jill Fraken, report to? Mayor Paul TenHaken. Paul could easily ask Jill to shut down the businesses for violating code. He has this authority without the consent of the health board or the city council. An appointed city employee or an appointed volunteer city board cannot do these things on their own.
Further more in the charter, the mayor has the authority to manage the city, NOT the city council or appointed boards or employees. The charter grants him this awesome power and authority.
Don’t let Paul fool you by telling you he has to leave it up to a volunteer board, city employees or the city council. HE CAN DO IT!
So why doesn’t he? It’s really a simple answer, he doesn’t want to take the heat from businesses that will lose their shirts in this crisis. I can almost guarantee that 30% or more of small hospitality related businesses will go out of business after this (if they haven’t already). How easy will it be for PTH to wash his hands of this decision when he can point his finger at city employees, volunteer boards and the eight member, part-time city council.
Guess what Paul, it isn’t your fault either, it’s the fault of an invisible virus that got out of control. But you can do the right thing and help prevent it from causing more damage. Economies will come and go, life cannot be replaced so easily.
Paul, it is your job to handle emergency situations and crisis in this city, the council’s job is to make sure the laws and ordinances are in place to back up those decisions and the funds in place to fight this and recover. I advise you to make this decision by Tuesday morning before any meetings take place and stop this insanity. The directive is clearly in your hands.