[Adopted 12-1-1965 by Ord. No. 16-1965]
As used in this article, the following terms
shall have the meanings indicated:
Includes the Health Officer or other official authorized
by the Board of Health to enforce this article.
Includes an individual, firm, corporation, association, society
or partnership and their agents or employees.
A.
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:
(1)
Any matter, thing, condition or act which is or may
become detrimental or a menace to the health of the inhabitants of
this municipality.
(2)
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.
(3)
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.
(4)
The escape into the open air from any stack, vent,
chimney or any entrance to the open air, or from any fire into the
open air of such quantities of smoke, fly ash, 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.
(5)
The growth, existence or presence of ragweed on any
plot of land, lot, highway, right-of-way or any other public or private
place.
(6)
The growth, existence or presence of poison ivy within
20 feet of any property line.
(7)
The existence or presence of any water or other liquid
in which mosquito larvae breed or exist.
(8)
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.
(9)
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.
B.
It shall be unlawful for any person or persons to
commit, maintain or allow any nuisance, as declared and described
in this section.
It shall be unlawful for the owner or owners
who have agreed to supply heat to any building designed to be occupied
or occupied as a residence by more than two families to fail to supply
heat from the first day of October in each year to the first day of
May of the succeeding year in such manner that the temperature of
said building where one or more persons reside shall always be kept
at 68º F. or above between the hours of 6:00 a.m. and 10:00 p.m.
It shall be unlawful for any person to make,
cause or suffer or permit to be made or caused upon any premises owned,
occupied or controlled by him or it or upon any public street, alley
or thoroughfare in this municipality any unnecessary noises or sounds
by means of the human voice or by any other means or methods which
are physically annoying to persons or which are so harsh or so prolonged
or unnatural or unusual in their use, time and place as to occasion
physical discomfort or which are injurious to the lives, health, peace
and comfort of the inhabitants of this municipality or any number
thereof.
It shall be unlawful for any person to rent,
lease or otherwise permit the occupancy of any building as a residence,
or for any person to reside in any building as its owner which:
A.
Is not adequately and properly ventilated.
B.
Fails to provide potable water at sufficient pressure
and quantity for each family unit from a public supply approved by
the State Department of Health or a private supply approved by the
enforcing official.
C.
Does not have plumbing features consisting of a kitchen
sink, bathtub or shower, lavatory and flush toilet, connected to the
potable water supply.
D.
Does not have facilities for the discharge of all
household liquid wastes into a public sewerage system approved by
the State Department of Health or into a private sewerage system approved
by the enforcing official.
It shall be unlawful for any person to spit
upon any public sidewalk or upon any part of the interior or exterior
of any public building or public conveyance.
A.
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 article is being violated.
B.
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 article is believed to exist.
A.
Whenever a nuisance as declared by § 220-10 of this article 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.
B.
Whenever a nuisance as declared by § 220-10 of this article 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.
C.
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 said
Board of Health 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 § 210-10 of this article 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 article shall be enforced
by the Board of Health or its enforcing official.
[Added 3-2-1966 by Ord. No. 4-1966; amended 12-28-1992 by Ord. No. 28-1992]
Any person violating the provisions of this
article shall be liable, upon conviction thereof, to a fine of not
more than $1,000 or to imprisonment in the City or county jail for
a term of not more than 90 days, or both.
