It shall be unlawful for the owner or occupant, or the agent
of any nonresident or absent owner or occupant, of any lot or premises
within the city to cause, suffer or permit the accumulation or collection
of any stagnant or flowing water in which mosquitoes breed or which
may become a breeding place for mosquitoes, or any other accumulation
of stagnant waters except when treated or protected as hereinafter
provided. The collections of water to which the provisions of this
section shall apply are those which are at any time contained in ditches,
ponds, pools, holes, depressions or other excavations, cesspools,
privy vaults, fountains, basements, cisterns, tanks, shallow wells,
barrels, troughs, tubs, buckets and all similar containers, house
roof gutters, defective flush toilet tanks, and all places where water
collects and remains stagnant.
(1958 Code, sec. 16-18; 1978 Code,
sec. 13-40)
The methods of treatment and protection of any such collections
of water shall be one or more of the following or any other effective
method, approved by the director of health in any particular case:
(1)
Screening with wire netting of at least sixteen (16) mesh, or any
other material which will effectively prevent the ingress or egress
of mosquitoes.
(2)
Complete emptying every seven (7) days of unscreened containers,
together with thorough drying and cleaning.
(3)
Using an approved larvicide applied as directed by the director of
health.
(4)
Cleaning and keeping sufficiently free of vegetable growth and other
obstructions, and stocking with mosquito-destroying fish; the absence
of half-grown or older larvae shall be evidence of compliance with
this measure.
(5)
Filling or draining in accordance with the directions of the director
of health of the city, or his designee.
(6)
Removal of tin cans, bottles, whole or broken, tin boxes and other
like containers.
(7)
Draining all stagnant water collected in holes, depressions or other
excavations, or in any receptacle, standing in and upon any premises,
and serving no purpose.
(1958 Code, sec. 16-19; 1978 Code,
sec. 13-41; Ordinance 07-028, sec.
7, adopted 3/27/07)
(a)
Required.
All excavations and depressions, natural or
artificial, existing upon any blocks, lots or premises of any character,
whether occupied or unoccupied, must be filled with dirt or some other
suitable substance, and all such premises, vacant lots, blocks or
fractional parts thereof must be filled to even grade with surrounding
property or premises, and drained by means of ditches, drains or culverts
leading to the street where same is paved or to a gutter or ditch
where unpaved.
(b)
Right of city; assessment of costs.
Should the owner
of a property in violation of this article fail to comply within ten
(10) days of the written order of the health director to drain or
fill his property, the city may drain or fill the lot or premises,
and assess all costs incurred against the property owner. Written
orders of the health director may be issued in person, mailed to the
owner’s address, or published in a newspaper of general circulation
in Jefferson County. Should the property owner be unknown, the remediation
of the property may be ordered by resolution of the city council with
the costs assessed against the property. All notices or orders provided
for herein shall be deemed sufficient if sent by U.S. mail, return
receipt requested, to the last known address of the occupant, owner,
or persons having an interest in the property.
(1958 Code, secs. 16-20, 16-25; 1978 Code, secs. 13-42, 13-43; Ordinance
07-028, sec. 8, adopted 3/27/07)
It shall be unlawful for any person to throw or deposit in any
ditch in the city anything that will in any way obstruct the free
flow of water through the same.
(1958 Code, sec. 16-21; 1978 Code,
sec. 13-44)
Any accumulation or collection of water in which mosquitoes
may breed is dangerous to life and health and is hereby declared to
constitute a public health nuisance. Immediate abatement of such public
health nuisances is necessary to prevent the breeding and proliferation
of infectious mosquitoes. The health director of the city or his/her
designee is hereby empowered to immediately abate, without prior notice,
any such public health nuisance, provided that notice thereof is given
within seven (7) days thereafter to the owner, occupant or agent of
any nonresident where such public health nuisance was found.
(Ordinance 02-070, sec. 1, adopted 9/17/02; 1978 Code, sec. 13-45)
