• Can an intelligent citizen figure out WHAT is allowed in your yard?
• Can the City themselves spell out what is allowed and what is NOT allowed specifically?

A Call and ask might work? 367-8766 Since the city does not like to put anything in writing that can be used in court over constitutional issues.

1. Is a citizen entitled to an answer in writing from the city as to WHAT exactly is allowed and WHAT exactly is NOT allowed for a commercially zoned property to use his fenced, sight shielded and padlocked back yard for?

   
   

2. Is a citizen allowed to ask what these restrictions are and then as to what they have to do with the public welfare and health, what are these restrictions being enforced (on hostile neighbors request) to accomplish, if anything?
   

   Assuming The Answer Is "Citizens Are Entitled To Answers" Here Are Some Questions"
   

3. Why are, and what is the justification for, only the property owners with hostile neighbors, that repeatedly call in "complaints" constantly harassed and other property owners with similar use never bothered?
   

4. We are cited for having "metal" in our commercially zoned back yard, does this mean we can have nothing made of metal in our back yard and if we have metal WHAT metal is allowed and exactly what made of metal is banned.
   

5. We have broken up concrete ballast in a small pile in our yard, removed from newsracks as transported to Sioux Falls and then taken along and this ballast to prevent tipping over in the wind etc reinserted in the bottom of the machine and "recycled" on reinstallation of the machine back on the sidewalk after refurbishing. Can we recycle this ballast or do we have to throw it away and buy new cement chunks on reinstallation.

   
   

6. We have hundreds of "plastic" newspaper machines windows stored in garbage can as a container. We recycle this plastic to make inside of the rack newspaper displays and do it once a year. Your complaints do not say there is any thing wrong with having "plastic" in the back yard.

   
   Please clarify.
   Also since the garbage can is not being used for garbage but as a recycle plastic container-holder, does your ordinance requiring a cover on all garbage cans apply?

   
   

7. If Some brand new "equipment" is housed in our back yard that we use in our business is that allowed and if so what would be an example.

   
   Our example is a large snow blower okay in our back yard or do we have to build a "garage" for it?

   
   

8. If we do not use our snow blower or move it for 8 months is it considered "abandoned" or how long can something be in our back yard without being moved before considered abandoned? We understand if something is not used or moved in 90 days it is considered abandoned, is that correct or what is correct?

   
   

9. We have over 800 newspaper vending machines in seven states (including many on Sioux Falls sidewalks) (we were in 9 states ) and in over 30 years have never had a complaint or incident of them attracting rodents, or every harmed or our "metal" machines ever acting up or threatening "harm to children" (even all 800 not in a fenced yard) what justification is there for charging that 30 in our fenced back yard are a public nuisance because they may "attract rodents" or "harm children". We need to know and think we have a right to know, because we are "trying to defend in court" namely our use of the commercially zoned back yard at 2019 South Minnesota, the property in question.

   
   

10.     We have used the back yard for newspaper vending machine storage, holding for/and refurbishing an average of over 100 for 18 years.

    
    We now have only 30, in this twice the normal sized yard, so has the public health, the ordinance changed, or is it just the neighbor has ran out of complaints and we have complied with all prior notices? What is different now that necessitates the dire need to eliminate this "public nuisance".

    
    Is it a result of something we have done, or is it a result of what our neighbor has done (phone call) or what has changed that requires this need to "protect the public health and welfare"?

    
    

11.     We understand you had a "telephone complaint".

    
    Was this phone call from a citizen or was it from adversary from out of state, or do you know if was a complaint from a "citizen". We need to know.
    

12.     If you have only had one complaint, that is a "private nuisance". Is this 18 year use of our back yard now declared a "private" nuisance or is it a public nuisance?

    
    What is the definition of a Nuisance in Sioux Falls?
    

13.     If we can prove in court that our use of the yard does not "attract rodents" and "is not potentially harmful to children", do you have any other reasons to "pronounce" our back yard a public nuisance?
    

    We need to know specifically since we have been presented with a second ticket even while the first is on appeal of whether it was a unconstitutional act by the city and a violation of citizen rights.
    

    We need to know what is a "nuisance" and what makes it a nuisance or is it just your pronouncing it a nuisance? Please identify by name the city employee that is the official "nuisance decider and/or pronounce so that we can speak with them directly?
    

14.     Does the city attorney "hire" or decide which private attorney acts as the hearing judge in the administrative hearing? If the judge issues a ruling against the city can the city attorney then hire a different private "independent" attorney for the next hearing and cut the previous "judge" off from further lucrative pay from the city?
    

15.     Has the city administrative hearing officer hired by the city ever ruled and thrown out a ticket similar to this? Are these hearings set up as a sham so the citizen will think they have had their day in court and is their any evidence they are not?
    

16.     Is there a way we can find out how many such administrative hearings have been held and what the outcomes have been? Is this public information readily obtainable or is it a closely guarded city secret?

    
    

17.     We will make public within 24 hours any response received to these questions to our website and we will then also take appropriate action for corrections under the new second ticket with the "doubled" fine.

    
    Since we have limited time specified by the city, to take such corrective action, we need a prompt response.

Letter to circuit court "Clerk Of Courts" inquiry as to the status of "Appeals" of city administrative hearings to the circuit court system

We will post any response when and if we get one from ANY governmental entity