Commission declares Lyons property a public nuisance after multi-year compliance issues

Minnehaha County planning staff told commissioners on Sept. 23 that the property at Lot 2 Hatley Addition (327 1st Street, Lyons) has been the subject of repeated enforcement contacts and rezoning attempts and that recent inspections show abandoned vehicles, building materials, trailers and long-standing site deterioration.

Kevin, a county planner, said staff has seen periodic progress but that the property has ‘‘not been improving’’ and that licensed vehicles previously removed have left other material behind. He said the county had denied two previous rezoning requests in part because of the owner’s failure to maintain the property and that staff recommends declaring the lot a public nuisance under South Dakota Codified Law 21-10-6.

Property owner Dennis Hatley, who said he purchased the parcel at tax deed sale and had attempted to rehabilitate the site, described repeated vandalism and theft that has undone cleanup efforts and said he intends to continue work to restore the property. Hatley asked commissioners not to remove items he needs to repair the building and said some materials are necessary to his efforts to reopen or improve the property.

After a review of the timeline of prior rezoning and enforcement attempts, commissioners moved and voted to declare the property a public nuisance and to authorize staff to plan cleanup and removal consistent with statutory procedures. Staff noted the county may cut or remove vegetation only when necessary to access items for removal; otherwise removal will focus on nonfunctional materials and inoperable items.

The commission’s motion authorizes planning and zoning to initiate the nuisance process and coordinate removal or remediation steps; the action follows a multi-year pattern of county contact with the property and provides staff authority to pursue court remedies if necessary.