South Dakota § 20-15-5 Remedy--Civil Action.

South Dakota Statutes

§ 20-15-5 — Remedy--Civil Action.

South Dakota·Title 20 PERSONAL RIGHTS AND OBLIGATIONS·Ch. 20-14 ACCESSIBILITY LAW VIOLATIONS

If a property owner, agent, or responsible party of the property where the alleged accessibility law violation occurred responds in the manner described in subdivision 20-15-4 (2), the property owner, agent, or responsible party shall have thirty days to remedy the alleged violation. The thirty-day period shall begin on the date the alleged aggrieved party receives the response described in § 20-15-4 . The owner, agent, or other responsible party may extend the thirty-day period by not more than thirty days upon providing a reasonable explanation as to why the improvement requires more than thirty days to complete. Reasonable explanations include demonstrated need for extension, such as construction and permitting related issues. If the property owner, agent, or other responsible party of 

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If a property owner, agent, or responsible party of the property where the alleged accessibility law violation occurred responds in the manner described in subdivision 20-15-4 (2), the property owner, agent, or responsible party shall have thirty days to remedy the alleged violation. The thirty-day period shall begin on the date the alleged aggrieved party receives the response described in § 20-15-4 . The owner, agent, or other responsible party may extend the thirty-day period by not more than thirty days upon providing a reasonable explanation as to why the improvement requires more than thirty days to complete. Reasonable explanations include demonstrated need for extension, such as construction and permitting related issues. If the property owner, agent, or other responsible party of the property where the alleged accessibility law violation occurred responds in the manner described in division subdivision 20-15-4 (1) and makes the improvements to bring the property into compliance with applicable accessibility laws within the thirty-day period described in this section or provides a reasonable explanation as to why those improvements are not completed, the response as described in subdivision 20-15-4 (1) may not be considered an admission of guilt and is inadmissible as evidence in any future actions based on the same facts filed against the property owner, agent, or other responsible party. If the property owner, agent, or other responsible party of the property where the alleged accessibility law violation occurred fails to make the improvements to bring the property into compliance with applicable accessibility laws within the thirty-day period described in this section and, in the opinion of the aggrieved party, fails to provide a reasonable explanation as to why those improvements are not completed, the alleged aggrieved party may file a civil action for accessibility law violation against that property owner, agent, or other responsible party.

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