[HISTORY: Adopted by the Board of Health of the City of Burlington by Ord. No. 1-90 (Ch. 7.12 of the 1996 Municipal Code); amended in its entirety by the Common Council of the City of Burlington at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCING OFFICIALS
- Includes the Health Officer or other official authorized by the Board of Health to enforce this chapter.
- Includes an individual, firm, corporation, association, society, partnership, and their agents or employees.
The following matters, things, conditions or acts and each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of this municipality:
Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of this municipality;
Any matter, thing, condition or act which is or may become an annoyance, or interfere with the comfort or general well-being of the inhabitants of this municipality;
Pollution, or existence of a condition or conditions which cause or threaten pollution, of any waters in this municipality in such manner as to cause or threaten injury to any of the inhabitants of this municipality either in their health, comfort or property;
The escape into the open air from any stack, vent, chimney or any entrance to the open air, or form any fire into the open air of such quantities of smoke, flyash, dust, fumes, vapors, mists, or gases as to cause injury, detriment, or annoyance to the inhabitants of this municipality or endanger their comfort, repose, health or safety;
The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place;
The growth, existence or presence of poison ivy within 20 feet of any property line;
The existence or presence of any water or other liquid in which mosquito larvae breed or exist;
The existence or presence of any accumulation of garbage, refuse, manure, or animal or vegetable matter which may attract flies and to which flies may have access, or in which fly larvae or pupae breed or exist;
Depositing, accumulating, or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance, as declared and described in this section.
All places and premises in this municipality shall be subject to inspection by the Board of Health or the enforcing official if the Board or that official has reason to believe that any section of this chapter is being violated.
It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the Board of Health or the enforcing official from having full access to any place or premises upon which a violation of this chapter is believed to exist.
Whenever a nuisance as declared by § 239-2 of this chapter is found on any plot of land, lot, right-of-way or any other private premises or place, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein but not less than five days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place. If the owner resides out of the state or cannot be so notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof, or posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant thereof.
Whenever a nuisance as declared by § 239-2 of this chapter is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Board of Health may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
If the owner, tenant or occupant, upon being notified as provided by this section, shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Board of Health shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as the board shall deem proper.
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by § 239-2 from any person who shall have caused or allowed such nuisance to exist, or from any owner, tenant, or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
The provisions of this chapter shall be enforced by the Board of Health or the enforcing official who shall be appointed by the Board.