Every dwelling and every part thereof shall
be kept clean and free from any accumulation of dirt, filth, rubbish,
garbage or similar matter, and shall be kept free from vermin or rodent
infestation. All yards, lawns, alleys and courts shall be similarly
kept clean and free from rodent infestation. It shall be the duty
of each occupant of a dwelling unit to keep in a clean condition that
portion of the property which he occupies or over which he has exclusive
control. If the occupant shall fail to keep his portion of the property
clean, the Board may send a written notice to the occupant to abate
such nuisance within the time specified in said notice; however, that,
when in the opinion of the Board such nuisance constitutes an actual
menace to health it shall proceed forthwith to cause such nuisance
to be abated. Failure of the occupant to comply with such notice shall
be deemed a violation of this chapter, and upon conviction the occupant
shall be subject to the penalty or penalties herein provided.
It shall be unlawful for any person willfully
or maliciously to deposit any material in any toilet, bath tub, sink
or other plumbing fixture which may result in the obstruction of any
sanitary sewer. This liability on the part of the occupant shall not
relieve the owner of the responsibility of cleaning any resultant
blockage, but shall subject the occupant to the penalties of this
chapter upon proper proof of such willful or malicious act.
Every dwelling and every part thereof shall
be maintained in good repair by the owner or agent and fit for human
habitation. The roof shall be maintained so as not to leak, and all
rainwater shall be drained and conveyed therefrom so as not to cause
dampness in the walls or ceilings.
A.
Whenever any dwelling, or any building, structure,
excavation, business pursuit, matter, condition or thing in or about
a dwelling or the lot on which it is situated, or the plumbing, sewerage,
drainage, light or ventilation thereof, is found by the Board to be
dangerous or detrimental to life or health, the Board may order that
the matter, condition or thing be removed, abated, suspended, altered
or otherwise improved, as the order shall specify. If any such order
of the Board, issued under the authority of the provisions of this
section, is not complied with within 10 days after the service thereof,
or within such shorter time as may be designated as being necessary,
under the circumstances, then such order may be executed by said Board
through its officers, agents, employees or contractors, and the expense
incurred incident to said order shall be paid by the owner of said
property, and until so paid shall be a lien upon the realty and recoverable
as other liens on realty in the City of New Castle or it may order
the premises vacated; provided, however, that when, in the opinion
of the Board, such matter, condition or thing is in a state of nuisance
which constitutes an actual menace to health, it shall proceed forthwith
to cause such nuisance to be abated, but in no case shall a lien attach
the property unless a notice, as hereinbefore provided, has been issued.
B.
Before proceeding to execute such order, the Board
shall post a notice on the front of the building, stating that since
such order was not complied with within that time mentioned in said
notice, the Board will proceed to execute the same at the expiration
of an additional five days and charge the costs thereof to the owner
of the premises. A copy of such notice shall be sent to the owner
of the property, or his agent, if names and addresses, on diligent
search, can be ascertained, and such notice shall be posted on said
premises at least five days before the Board proceeds to incur expenses,
unless the condition is of a character requiring immediate action,
in which case, the time of the notice shall be such as, in the judgment
of the Board, is reasonable and proper.
When ever it shall be found by the Board that
a dwelling is unfit for human habitation, or dangerous to life or
health by reason of want of repair, of defects in the drainage, plumbing,
lighting, ventilation of the construction of the same, or by reason
of the existence on the premises of any condition likely to cause
sickness or injury among the occupants of said dwelling, or for any
other causes affecting the public health, the Board may issue an order
requiring such dwelling to be vacated. A copy of such order shall
be posted on the front of the dwelling at least 10 days before it
shall be effective, unless the situation requires immediate action,
in which case the effective time of the order shall be such as in
the judgment of the Board is reasonable and proper. A copy of such
order shall be sent to the owner of the property, or his agent, if
names and addresses, on diligent search, can be ascertained. The dwelling
so ordered to be vacated shall not again be occupied until a written
statement shall have been secured from the Board showing that the
dwelling or its occupant has been made to comply with this or any
other existing law.
Whenever any person or persons shall be in actual
possession of or have charge, care or control of any property within
the City, as executor, administrator, trustee, guardian, lessee or
agent, such person shall be deemed and taken to be the owner or owners
of such property within the true intent and meaning of this chapter,
and shall be bound to comply with the provisions of this chapter to
the same extent as the owner, and notice to any such person of any
order or decision of the Board shall be deemed and taken to be a good
and sufficient notice, as if such person or persons were actually
the owner or owners of such property.
The Board is hereby authorized and empowered
to make and adopt such rules and regulations as it may deem proper
and necessary for the enforcement of this chapter for the better protection
of the health of the City.
