[HISTORY: Adopted by the Board of Supervisors of Warren County as
Ch. 11 of the 1975 Code. Amendments noted where applicable.]
Various nuisances are defined and prohibited in other chapters of this
Code, and it is the intent of the Board of Supervisors in enacting this chapter
to make it supplemental to those other chapters in which nuisances are defined
and prohibited; and the provisions of this chapter relating to the abatement
of nuisances shall be regarded as alternative methods and procedures for the
abatement of nuisances in those instances where other methods and procedures
for abatement are provided.
It shall be unlawful for any person to cause, harbor, commit or maintain
or to suffer to be caused, harbored, committed or maintained any nuisance
as defined by the statute or common law of this state or as defined by this
Code or other ordinance of the Board of Supervisors at any place within the
county.
A.
The following acts when committed or conditions when
existing within the county are hereby defined and declared to be nuisances:
(1)
An act done or committed or aided or assisted to be done
or committed by any person or any substance, being or thing kept, maintained,
placed or found in or upon any public or private place which is injurious
or dangerous to the public health or safety.
(2)
All buildings, bridges or other structures of whatever
character kept or maintained or which are permitted by any person owning or
having control thereof to be kept or maintained in a condition unsafe, dangerous,
unhealthy, injurious or annoying to the public.
(3)
All trees and other appendages of or to realty kept or
maintained or which are permitted by any person owning or having control thereof
to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious
or annoying to the public.
(4)
All ponds or pools of stagnant water and all foul or
dirty water or liquid when discharged through any drain, pipe or spout or
thrown into or upon any street, public place or lot to the injury or annoyance
of the public.
(5)
All obstructions caused or permitted on any street or
sidewalk to the danger or annoyance of the public and all stones, rubbish,
dirt, filth, slops, vegetable matter or other article thrown or placed by
any person on or in any street, sidewalk or other public place which in any
way may cause any injury or annoyance to the public.
(6)
All sidewalks, gutters or curbstones permitted to remain
in an unsafe condition or out of repair.
(7)
All stables, cattle yards, hog, sheep or cow pens or
yards for poultry permitted by the owner thereof or the person responsible
therefor to be in such a condition as to become offensive, annoying or injurious
to the public.
(8)
All structures and places where explosive or combustible
substances, liquids or gasses are stored or used in such manner as to constitute
a hazard to the safety or health of persons or a hazard to property.
B.
The nuisances described in this section shall not be
construed as exclusive, and any act of commission or omission and any condition
which constitutes a nuisance by statute or common law of the state, when committed,
omitted or existing within the county, is hereby declared to constitute a
nuisance.
No persons owning or in possession of any lot, house, building or enclosure
shall allow or suffer to exist in or upon such premises any stagnant water,
animal or vegetable matter or other substance liable to become putrid, offensive,
annoying or unhealthy. Persons owning or in possession of any real estate
shall provide proper and adequate drainage therefor so that no offensive,
baneful or disagreeable liquids shall flow or seep into any street. Any violation
of this section is hereby declared to be a nuisance.
Each owner, lessee, tenant, occupant or person in charge of any real
property within the county and each agent or representative of any such person
is hereby charged with responsibility for the maintenance and use of such
real property in such manner that no use of or activity or condition upon
or within such real property shall constitute a nuisance; and all such persons
are hereby charged with the duty of observing all of the provisions of this
chapter, but such responsibility shall not be construed to permit any other
person not charged with such responsibility to commit or maintain any nuisance
upon or within any real property in the county.
It shall be the duty of the Health Officer to cause inspections to be
made from time to time of all portions of the county to determine whether
any condition exists or activity is being practiced which constitutes a nuisance;
and such Officer shall cause an investigation to be made upon complaint made
by any responsible person.
The Health Officer and his assistants shall have the right to enter upon private premises for the purposes specified in § 125-6, upon compliance with all applicable provisions of law. Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance, and in any case it shall be unlawful for any owner or occupant to prevent such entry which is sought to be made in compliance with law.
If at any time the Health Officer shall find that an activity or practice
which constitutes a nuisance is occurring within the county, he shall promptly
and by the most expeditious means notify the violator to cease and desist
forthwith.
If at any time the Health Officer shall find that a condition which
constitutes a nuisance exists within the county, he shall give notice, in
writing, to the owner, occupant or person in charge of the premises upon which
such condition exists, stating therein the condition which constitutes a nuisance
and directing such addressee to remedy the condition within the time stated
in such notice, which shall be not more than 10 days; and it shall be unlawful
for any such owner, occupant or person in charge to fail to comply with the
terms of such notice, provided that any owner, occupant or person in charge
may, within two days from the service thereof, appeal to the Board of Supervisors,
in which case the terms of such notice shall be stayed pending action of that
Board, which shall be final; provided, further, that if the Health Officer
shall state in such notice that the condition which constitutes a nuisance
is such as to be an imminent hazard to the health, safety or welfare of the
public or any person within or near the premises upon which such nuisance
exists, then the addressee shall comply with the terms of such notice.
A.
Upon the failure of any person to whom notice has been given pursuant to § 125-9 to comply with the terms of such notice or with the terms imposed by the Board of Supervisors on appeal, as the case may be, the Health Officer shall forthwith direct the appropriate county officer to remedy the condition which is the subject of such notice, and the expense incurred by the county in so doing shall be charged to the addressee of such notice, to be collected in the same manner as county taxes or in any other manner authorized by law.
B.
Abatement by the county of any condition which constitutes
a nuisance and reimbursement to the county of expenses incurred thereby shall
not bar prosecution for maintenance of a nuisance.
Nothing in this chapter shall be construed to prohibit any police officer
from arresting any person for committing or maintaining a nuisance when such
arrest is made pursuant to law.
