[R.O. 1994 §215.190; Ord. No. 140 §56, 4-19-1993]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A material which will withstand and support a weight of three
hundred (300) pounds when placed upon such material which material
shall not have an open space therein of greater than twelve (12) square
inches in it at any one (1) location.
A fence or wall of not less than forty-eight (48) inches
above the surface of the ground, which fence or wall shall have no
open spaces of greater than twelve (12) square inches in it at any
one (1) location.
Any tank, vault, hole in the ground, reservoir, receptacle
or other device for the storage of a liquid whether presently in use
or abandoned.
[R.O. 1994 §215.200; Ord. No. 140 §57, 4-19-1993]
A.
No owner of any lot, place or area within the City, or the agent
of such owner, shall permit to remain on such lot, place or area any
well or cistern which is greater than three (3) feet from the top
of such well or cistern to the bottom of such well or cistern unless
the same be enclosed or provided with a cover in compliance with the
terms of this Article. Each uncovered or unenclosed well or cistern
is hereby declared a nuisance and dangerous to the health, morals,
or general welfare of the people of the City.
B.
In addition to all other provisions provided herein for enforcement
of this Section, failure to cover, enclose or fill such well or cistern
shall be an ordinance violation, and each failure to respond to a
notice as provided for in Section 215.210 shall be a separate and
distinct offense.
[R.O. 1994 §215.210; Ord. No. 140 §58, 4-19-1993]
The City Attorney is hereby authorized to notify, in writing,
the owner of any such lot, place or area within the City, or the agent
of such owner, when directed to do so by the Board of Aldermen, to
either cover, enclose, or completely fill any such well or cistern
found or located on such owner's property. Such notice shall
be by registered mail, addressed to said owner or agent of the owner,
at his/her last known address.
[R.O. 1994 §215.220; Ord. No. 140 §59, 4-19-1993]
A.
Upon the failure, neglect, or refusal of any owner or agent so notified
to cover, enclose or completely fill any well or cistern found or
located on such owner's property, within twenty (20) days after
receipt of the written notice provided for in Section 215.210 above,
the Board of Aldermen is hereby authorized to pay to cover, enclose
or fill such well or cistern, or to order the same to be covered,
enclosed or filled by the City.
B.
When the City has affected the covering, enclosing, or filling of
such well or cistern or has paid for its filling, covering or enclosing
the actual cost thereof, plus accrued interest at the rate of eight
percent (8%) interest per annum from the date of the completion of
the work, if not paid by such owner prior thereto, shall be charged
to the owner of such property on the next regular tax bill forwarded
to such owner by the City. The charge shall be due and payable by
said owner at the time of payment of such tax bill.
C.
Where the full amount due the City is not paid by such owner within
thirty (30) days after the covering, enclosing or filling of such
well or cistern, the Board of Aldermen shall cause to be recorded
in the office of the City Collector a sworn statement showing the
cost and expense incurred for the work and the date, place or property
on which said work was done, and the recordation of such sworn statement
shall constitute a lien and privilege on the property, and shall remain
in full force and effect for the amount due in principal and interest,
plus costs of court, if any, for collection, until final payment has
been made. The costs and expenses shall be collected in the manner
fixed by law for the collection of taxes and, further, shall be subject
to a delinquent penalty of eight percent (8%) in the event same is
not paid in full on or before the date the tax bill upon which the
charge appears becomes delinquent. Sworn statements recorded in accordance
with the provisions hereof shall be prima facie evidence that all
legal formalities have been complied with and that the work has been
done properly and satisfactorily, and shall be full notice to every
person concerned that the amount of the statement, plus interest,
constitutes a charge against the property designated or described
in the statement and that the same is due and collectible as provided
by law.
[R.O. 1994 §215.230; Ord. No. 140 §60, 4-19-1993]
All action under this Article must be reviewed and approved
by Jonesburg Board of Aldermen.
