What are the enforcement procedures?

Generally, the enforcement of codes occurs on both a reactive (complaint from a community source) and a proactive (initiated by the inspector) basis. When a complaint is received, it is investigated; any other violations observed are also addressed. Additionally, any violations noted on neighboring properties are also addressed with the appropriate person. These include zoning ordinance, building code, and nuisance code violations. Our goal is to encourage both owners and tenants to voluntarily eliminate any violations that may exist so that Spearfish remains a city in which we can be proud to live.

When a code violation is reported, we open an incident and work towards resolving the issue through a process of education, inspection, and notices. Continued violations are followed by progressive enforcement.

Each code has its own set of enforcement procedures; however, the process generally follows this sequence:

  • Abate (violation removed/corrected by a contractor hired by the city)
  • Complaint received from citizen or observed by city employee
  • Criminal prosecution filed if not corrected ($500 fine per offense, each day in violation is a separate offense)
  • If violation is corrected, case is closed
  • Inspection conducted to verify if violation exists
  • Lien is filed with the county against the property
  • Notification is given to property owner or tenant allowing time for correction (see methods of notification)
  • Process turned over to city attorney for prosecution if not corrected
  • Re-inspection is conducted after date to correct has passed

Show All Answers

1. What is the difference between property maintenance regulations (code enforcement) and homeowner association requirements?
2. How do I report a property maintenance violation?
3. I want to report a property maintenance problem in my neighborhood but I don't want anyone to know I called, do I have to give you my name?
4. What happens after I file my complaint/request, what do you do? How long does it take, will you contact me afterwards?
5. What are the enforcement procedures?
6. How much time do I have to correct a violation?
7. What should I do if I receive a property code warning notice?
8. I need more time to correct the code violations on my property, what do I do?
9. What can I do if I get a notice and do not understand what the violation is?
10. What happens if the property does not come into compliance or I refuse to comply?