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Oglala Sioux Tribe: Law and Order Code

Last amended: 1996; New Ordinances Received: 2002.

CHAPTER 25

NUISANCE ABATEMENT CODE



STATEMENT OF PURPOSE AND INTENT

SECTION 1. The Executive Committee is hereby authorized to designate the boundaries, within the Pine Ridge Indian Reservation, of areas of population concentration. The areas as designated may be changed by the Executive Committee from time to time if justified by changes in population.

SECTION 2. A condition on any tract of real property within an area which is designated an area of population concentration under Section 1 which is unsafe, unsanitary, or an eyesore as the result of abandoned materials or debris of any kinds, including substances that have accumulated as the result of fires, vandalism, or similar causes, affecting the public health, comfort, safety, and welfare, is hereby declared a nuisance.

SECTION 3. Any resident of the Pine Ridge Indian Reservation who believes that a nuisance, as defined in Section 2 exists, may file a complaint to that effect with the Tribal Secretary. The Tribal Secretary shall bring such complaint before the next meeting of the Tribal Executive Committee, which shall determine whether the complaint warrants investigation. If an investigation is ordered, and a nuisance is found to exist, the owner of the tract, his agent, or other persons having an interest therein, shall promptly be order by the Tribal Executive Committee to cause the nuisance to be abated, remedied, or removed, as may be necessary.

SECTION 4. The person or persons so notified shall be allowed until 12:00 Noon of the seventh (7th) day following the service of such notice to commence the abatement, remedy, or removal of the nuisance, and he or they shall employ sufficient labor to abate, remedy or remove such nuisance as expeditiously as possible.

SECTION 5. Any owner who has been served with a nuisance abatement order and who believes such order to have been unjustified may apply to the Oglala Sioux Tribal Court for an order to cancel the nuisance abatement order. The Tribal Court may, after affording the opportunity for a hearing, affirm, modify, or vacate the nuisance abatement order and its decision shall be final.

SECTION 6. In a case where the public health, comfort, safety or welfare requires immediate action or where the owner, agent, or other persons having an interest in the tract on which the Tribal Executive Committee has determined there exists a nuisance, have failed to comply with an abatement order, the Tribal Executive Committee may enter upon the tract, with such workmen and assistance as may be necessary and cause the nuisance to be abated, remedied, or removed without delay.

SECTION 7. The Tribal Executive Committee shall determine the cost and expense of any work performed under the authority of Section 6 and shall assess such cost and expense on the tract upon which such nuisance existed. Any owner of a tract upon which such assessment has been made who is dissatisfied with such determination may apply to the Oglala Sioux Tribal Court for review of the determination. The Tribal Court may, after affording the opportunity for a hearing on the matter, affirm, modify, or vacate the determination and its decision shall be final.

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