Building Department/Code Enforcement

City of Hot Springs

Building Department/Code Enforcement

303 No. River Street

Hot Springs, SD. 57747

phone: 605-745-4104 fax: 605-745-5180 e-mail:

April 14, 2014

Name

Address

re: Dangerous Building - Address

Mr. Johnson,

This letter is regarding the vacant building located at Address here in Hot Springs that your non-profit group, name of group, owns.

A search warrant was obtained by the City of Hot Springs and served upon entry of the address building on January 23, 2013. The purpose of entry was to determine the safety and structural integrity of the building after it was called into question due to photographs that were posted on the name of group website that indicated excessive excavations of the foundation of the building and that the first and second floors of the structure were not adequately supported to prevent collapse. A South Dakota licensed and registered structural engineer inspected the structure during that entry and found the structure to be a dangerous building. He further recommended that a geotechnical engineer also inspect the foundation and excavations to evaluate dangerous conditions and to provide recommendations for repair. Those reports are included with this letter.

Please consider this letter Notice And Order that the structure located at address, on the property legally described as legal description to the City of Hot Springs, Fall River County, South Dakota, 57747, is hereby deemed to be dangerous building and is an imminent danger to the public and to adjacent building(s), and the structure is hereby condemned.

It is now ordered that (1) repairs to the foundation of the structure be made in accordance with the Geotechnical Engineer’s recommendations and (2) the first and second floors of the building be supported with temporary or permanent load bearing walls constructed and installed in a manner approved by a registered South Dakota design professional. Repairs are required to begin within thirty (30) days of the date of this notice and shall be completed not more than ninety (90) days from the date of this notice. Failure to comply with this order within the specified time frame shall result in the City taking action to make the necessary repairs or, in the alternative, to demolish the structure to abate all public health/safety concerns associated with this structure. The cost of such actions shall be charged to the ownership of said property. Failure to reimburse the City for these costs upon billing shall result in those costs being charged against the real estate upon which the structure is located and a lien being placed upon said real estate.

Any person, firm or entity directly affected by this notice of condemnation shall have the right to appeal to this Notice And Order, provided that the application is filed with the Building Department within twenty (20) days of the date of this notice. Application shall be on the form provided by the City. Failure of any person to file an appeal within the specified time period shall constitute a waiver of the right to an administrative hearing and adjudication of this order or to any portion thereof.

In accordance with the 2012 International Property Maintenance Code Section 107.6, as adopted by the City of Hot Springs in Ordinance 1124 (Dec. 2012) the property may not be sold, transferred, mortgaged, leased or otherwise disposed of until the provisions of this order are satisfied.

Scott Simianer

Building Official

cc: Mayor Don DeVries

Harley Lux, City Administrator

Hot Springs City Council

Carole Boos, City Attorney

243 No. River- First Class Mail

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