[CC 1987 §275.010; Ord. No. 644 §§2 — 3, 3-11-1969]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Chapter:
Includes every accumulation of both animal and vegetable
matter, liquid or otherwise, that is received from kitchens, and also
all putrid and unsound meat, fish, decayed, or unsound vegetables
or fruits.
Every act or thing done, or made, permitted, allowed, or
continued on any property, public or private, by any person, his/her
agents or servants, to the damage or injury of any of the inhabitants
of the City, whether or not particularly specified in this Chapter
shall be deemed a nuisance.
Includes all loose and decayed material and dirt-like substances
that attend use or decay, or which accumulate from building, storing,
or cleaning.
[CC 1987 §275.020; Ord. No. 644 §4, 3-11-1969]
The Chief of Police, the Commissioner of Health, the Building
Commissioner, the City Forester, and any officer, agent or employee
appointed by any of them, are hereby authorized to enter and inspect
all buildings and parts of buildings and other premises, at reasonable
hours, for the purpose of examining the sanitary condition thereof
and for the discovery and abatement of nuisances therein. If on such
inspection any nuisance or insanitary condition be found, the same
shall be forthwith reported to the Commissioner of Health.
[CC 1987 §275.030; Ord. No. 644 §§5 — 6, 3-11-1969]
A.
It
shall be the duty of the Chief of Police to serve all notices issued
by the Commissioner of Health directed to him/her under the provisions
of this Chapter, and to perform such other duties in assistance to
the Commissioner of Health as may be required for the adequate enforcement
of the provisions of this Chapter. The Commissioner of Health, the
Chief of Police, the Building Commissioner and the City Forester are
hereby authorized to enter, at reasonable hours, and examine all cellars,
vaults, yards, enclosures, and dwellings within the City when they
have reason to believe that a nuisance exists, or filth is suffered
to accumulate, or water is found standing in any cellar or basement
under any building, and to direct the owner or occupant of the premises
forthwith to remove or abate the same.
B.
Whenever
any household goods, bedding, clothing, putrid or unsound meat, fish,
vegetables, fruit, hides or skins of any kind, or any other article,
are found within the City, which in the opinion of the Commissioner
of Health is dangerous to the health of the inhabitants thereof, he/she
shall have the power and authority to cause the same to be destroyed
in such manner as he/she may direct, and he/she may employ such persons
as he/she sees fit for that purpose.
[CC 1987 §275.040; Ord. No. 644 §7, 3-11-1969]
Whenever it becomes necessary to immediately abate a nuisance,
as defined by common law or by the Statutes of the State, in order
to secure the general health of the City, or any of its inhabitants,
the Commissioner of Health is authorized to abate such nuisance without
notice, and he/she may use any suitable means of assistance for that
purpose, whether employees of the City or day laborers especially
employed for that purpose, or any other help or assistance necessary
therefor. The Commissioner of Health shall certify the cost of abating
such nuisance to the Board of Aldermen, and the Board of Aldermen
may, by ordinance, levy the cost thereof as a special tax against
the property on which such nuisance was located, which tax shall be
collected like other taxes and shall be a first (1st) lien on the
property until paid.
[CC 1987 §275.050; Ord. No. 644 §8, 3-11-1969]
In case the abatement of any nuisance described in the foregoing
Section is not immediately necessary for the protection of the health
of the inhabitants of the City, or in case of the existence of any
alleged nuisance not defined therein, the Commissioner of Health shall
hold a public hearing before declaring the same to be a nuisance and
ordering its abatement. Five (5) days' notice of such hearing shall
be given to the owner or occupant of the premises upon which such
alleged nuisance exists, or to his/her agent, or to the person causing
or maintaining such alleged nuisance, which notice shall state the
time and place of such hearing. In the event that the whereabouts
of the owner or occupant of the premises where such alleged nuisance
exists, or his/her agent, or of the person causing or maintaining
such alleged nuisance, are unknown and notice cannot be served upon
them, then such notice shall be posted on the premises where such
alleged nuisance exists, for at least five (5) days before such hearing.
All interested parties may appear at such hearing either in person
or by attorney and present evidence concerning the matters at issue.
If upon such hearing the Commissioner of Health finds that a nuisance
exists, he/she shall order the owner, occupant, or agent of such property,
or the person causing or maintaining such nuisance, to abate the same,
and if the same be not abated within the time prescribed by the Commissioner
of Health in such order the Commissioner of Health shall abate the
same, and the costs thereof may be levied as a special tax in the
manner prescribed in the foregoing Section.
[CC 1987 §275.060; Ord. No. 644 §9, 3-11-1969]
It shall be the duty of the owner or occupant of the premises, or his/her agent, or the person causing or maintaining any nuisance, to abate the same after an order by the Commissioner of Health, as provided in Section 215.030, in accordance with the terms prescribed in such order, and any failure to do so shall constitute a violation of this Chapter and shall subject such person to the penalties prescribed for such offense by Section 215.040.
[CC 1987 §275.070; Ord. No. 644 §10, 3-11-1969]
[CC 1987 §275.080; Ord. No. 644 §11, 3-11-1969]
At hearings before the Commissioner of Health, the Building
Commissioner, the Chief of Police, the City Forester, relating to
the abatement of nuisances as provided by this Chapter, the interested
persons may appear in person or by attorney, or may file affidavits.
[CC 1987 §275.090; Ord. No. 644 §12, 3-11-1969]
If any nuisance abated by the Commissioner of Health as provided
by this Chapter, extended before the abatement over the property of
more than one (1) owner, the cost of abating the same shall be assessed
in proportion to the amount of work and expense for each proportionate
part of the entire work and the area, and the special tax bills provided
for by this Chapter shall be levied and collected accordingly, but,
in determining who is the owner of any particular lot, plot, or parcel
of land for the pro-rata distribution of the assessment of such cost,
each group of owners, as for instance in joint tenancy or in common,
shall be deemed a single owner in order to preserve to the City its
lien against the particular lot, plot, or parcel of land for the pro-rata
distribution of the assessment of such cost, each group of owners,
as for instance in joint tenancy or in common, shall be deemed a single
owner in order to preserve to the City its lien against the particular
lot, plot, or parcel of land under the special tax bill levied against
the same as aforesaid.
[CC 1987 §275.100; Ord. No. 644 §13, 3-11-1969]
Any person or contractor employed or contracted with for the
abatement of a nuisance and any agent or employee of such contractor
shall have the right of entry for that purpose into and upon any premises,
at reasonable hours, and it shall be unlawful to interfere with any
Police Officer or any officer, agent, or employee of the City, or
with any representative of the Commissioner of Health, for the purpose
of sanitary inspection or the discovery or abatement of any nuisance.
[CC 1987 §275.110; Ord. No. 644 §14, 3-11-1969]
The owner of any premises, or his/her agent in charge thereof,
as well as the tenant or occupant of such premises, is hereby charged
with the duty of observing all of the requirements and provisions
of this Chapter with reference to nuisances, and any or all of such
persons, together with the person causing or contributing to cause
or bring about any nuisance, may be charged with such offense and
shall be equally liable.
[CC 1987 §275.120; Ord. No. 644 §15, 3-11-1969]
Whenever any pen, stall, shed, or compartment, or any yard or
appurtenance thereof, in which any animal shall be kept, or any place
within the limits of the City, in which manure or liquid discharges
of such animals shall collect or accumulate, and which pen, stall,
shed, or compartment, or any yard or appurtenance thereof, is not
kept in a clean and wholesome condition, so that no offensive smell
shall be allowed to escape therefrom, it shall be deemed a nuisance;
provided that nothing in this Section shall be so construed as to
include manure deposits upon any private property for purpose of cultivating
the same.
[CC 1987 §275.130; Ord. No. 644 §16, 3-11-1969]
The accumulation upon any premises, lot, or parcel of ground
in the City, or the discharge thereof upon any public street, alley,
or private property, of liquid waste swill, waste water from sinks,
wash water, or any foul or nauseous liquid waste of any kind whatever,
shall constitute a nuisance.
[CC 1987 §275.140; Ord. No. 644 §17, 3-11-1969]
Any lot or piece of ground within the City on which there is
a pond or pool of unwholesome, impure, stagnant, or offensive water
shall be deemed a nuisance.
[CC 1987 §275.150; Ord. No. 644 §18, 3-11-1969]
It shall be unlawful and deemed a nuisance for any person to
deposit any dead animals or excrements or filth, dirt or rubbish of
any kind or description, or any filthy water or manure, upon any streets,
alleys, or public or private property in the City.
[CC 1987 §275.160; Ord. No. 644 §19, 3-11-1969]
The accumulation or existence upon any premises, lot, or parcel
of ground in the City of any putrid and unsound meat, fish, hides,
decayed vegetables or food, manure, garbage, offal, rubbish, dirt,
or filth of any kind, which by its decay or putrefaction, could or
would become offensive to human beings, or detrimental to health,
shall constitute a nuisance.
[CC 1987 §275.170; Ord. No. 644 §20, 3-11-1969]
Any unclean, stinking, foul, defective, or filthy drain, ditch
tank or gutter, or any leaking, broken slop, garbage cans, or receptacles
of like character, whenever found within the limits of the City shall
be deemed a nuisance.
[CC 1987 §275.180; Ord. No. 644 §21, 3-11-1969]
Whenever there shall be found in or upon any lot or piece of
ground within the City any dirt gathered in yards, waste of stores
or shops, or any rags, damaged merchandise, wet, broken, or leaking
barrels, casks or boxes, or any materials which are offensive or tend
by decay to become putrid or to render the atmosphere impure or unwholesome,
the same shall be deemed a nuisance.
[CC 1987 §275.190; Ord. No. 644 §22, 3-11-1969]
Whenever in any cellar, basement or part thereof, of any house
or building within the City, there may be found water occasioned by
leakage from defective hydrants, water pipes, sewer pipes, gutters,
drains, rain spouts, or seepage from the surrounding earth, or the
walls of any cellar or basement shall be found to be damp or moist
from any of the causes named in this Section, then such water, leakage,
seepage, or moisture shall be deemed a nuisance.
[CC 1987 §275.200; Ord. No. 644 §23, 3-11-1969]
Any open, uncovered, or unprotected well or cistern on any premises
within the City, or any well or cistern containing water which a chemical
analysis discloses to be impure or unwholesome in nature, shall be
deemed a nuisance.
[CC 1987 §275.210; Ord. No. 644 §24, 3-11-1969]
It shall be unlawful and a nuisance for any person in the City
to suffer or permit any gutters fronting or adjacent to any lot or
premises occupied or owned by him/her to become so clogged or stopped
up by an accumulation of filth or mud as to prevent the free passage
of water along and through them.
[CC 1987 §275.220; Ord. No. 644 §25, 3-11-1969]
It shall be unlawful and a nuisance for any person or persons
to maintain or operate a rubbish dump or dumps, or to dump or fill
ground with rubbish of any kind other than with fill known as "clean dirt" except that:
The Board of Aldermen may, upon the passing of a special motion,
authorize any person or persons to dump or deposit fill of a specified
grade, quality, quantity or kind upon a certain specified plot of
ground within the City. This authorization is completely discretionary
with the Board of Aldermen. Nothing herein shall be construed to sanction
or permit the Board of Aldermen to authorize fill with any waste except
so called "clean dirt" upon building sites or lots
plotted as such.
[CC 1987 §275.230; Ord. No. 644 §26, 3-11-1969]
It shall be unlawful and a nuisance for any real estate broker,
real estate agent, real estate salesman, or any agent thereof, directly
or indirectly to solicit, or attempt to solicit, any owner of residential
real property located within the City of Northwoods for the purpose
of having said owner list for sale or lease any residential real property
located within the City of Northwoods; provided however, that any
owner of any residential real property may lawfully solicit, and contract
with any real estate broker, real estate agent, real estate salesman
or any agent thereof for the sale or lease of the property of said
owner.
[CC 1987 §275.240; Ord. No. 644 §27, 3-11-1969]
In addition to other penalties imposed by law or ordinance any
person, firm, or corporation violating any provision of this Chapter
shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not to exceed one hundred dollars ($100.00)
or by imprisonment not to exceed ninety (90) days, or by both such
fine and imprisonment, and every day that such violation shall continue
shall be deemed a separate offense.
