[Code 1985, § 10-1; Code 2005 § 50-1]
A. No person shall violate any of the laws of this state, or of the
federal government, relating to public health and disease control,
or the inspection, preparation and service of food or drink, or any
rules or regulations promulgated pursuant to such laws.
B. Nothing in A of this section shall be construed to punish conduct
which constitutes a felony under state law.
[Code 1974 §§ 11-1, 11-3; Code 1985 §§ 6-136,
10-2; Code 2005 § 50-2]
A. The Board of Commissioners, or its employees, may at any time go
into and upon, over, under or across, any premises or property within
the City for the purpose of making inspections for the preservation
of the health and safety of the City, the citizens and the inhabitants
thereof.
B. The director of the county health department, or some other person
designated by him or the Board of Commissioners, is hereby authorized
and empowered and directed to make all necessary inspections and complaints
for the enforcement of this chapter.
C. Whenever any such official, employee or other person in the conduct
of his responsibilities under the terms of this chapter, deems it
necessary to enter upon privately owned property or to enter buildings
or structures, he shall first obtain the written permission of the
owner, occupant, tenant or person in charge of the premises or buildings
or structures, or shall have a court order issued by a court of competent
jurisdiction.
[Code 1974 § 11-108; Code 1985 § 10-4;
Code 2005 § 50-3]
A. The City health officer shall have the authority to order the owner
or occupant of any private premises in the City to remove from such
premises, at his own expense, any source of filth, cause of sickness,
condition conducive to the breeding of insects or rodents that might
contribute to the transmission of disease, or any other condition
adversely affecting the public health, within 24 hours, or within
such other time as might be reasonable, and a failure to do so shall
constitute a misdemeanor. Such order shall be in writing and may be
served personally on the owner or occupant of the premises, or authorized
agent thereof, or a copy thereof may be left at the last usual place
of abode of such owner, occupant or agent, if known and within the
state. If the premises are unoccupied and the residence of such owner,
occupant or agent is unknown, or is without the state, such order
may be served by posting a copy thereof on the premises, or by publication
in at least one issue of a newspaper having a general circulation
in the county.
B. If such order is not complied with, the health officer of the City
may cause the order to be executed and complied with, and the cost
thereof shall be certified to the county clerk, who shall add the
cost to the ad valorem taxes assessed against the property, and such
cost shall be a lien against the property, until paid, and shall be
collected in the same manner as ad valorem taxes against the property,
and when collected shall be paid to the City health officer, or successor
thereof, issuing the order, for reimbursement of the funds used to
pay such cost.
C. The cost of removing or abating any such nuisances shall be certified
to the City Clerk, and shall be added to the water bill or other City
utility bill of the owner or occupant if he is a user of water from
the City water system or other utility to which it is added, and shall
become due and payable, and be subject to the same regulations relating
to delinquency of payment, as the utility bill itself. Regardless
of whether the owner or occupant is or is not a user of any City utility
service, the cost, after certification to the City Clerk, may be collected
as provided in b of this section.
D. The procedure for abating a health nuisance prescribed in this section
is cumulative and in addition to any other procedures authorized by
law or ordinance for abating public nuisances.