7-28-519 Severability.

   If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of the ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent of the city council that the ordinance would have been adopted had not such invalid provision or provisions been included.

(Added Coun. J. 9-12-90, p. 20461)

7-28-520 Additional penalty for violation of article.

   In addition to other penalties cited in this chapter, if any person or business performing work under contract with the city is found guilty of violating the provisions of Sections 7-28-200 through 7-28-519 inclusive, the city may terminate the contract by giving written notice of the termination to the person or business. The contract shall be null and void upon delivery of such notice.

(Prior code § 99-42.2; Added Coun. J. 7-29-86, p. 32488; Amended during Supplement No. 2, 4-91; Amend Coun. J. 3-6-96, 17618)

ARTICLE III. PRIVIES, CATCHBASINS, AND SIMILAR VAULTS (7-28-530 et seq.)

7-28-530 Construction of vaults.

   No vault, privy, catchbasin, cistern, or cesspool shall be constructed or rebuilt in the city except in accordance with this Code and the regulations of the board of health. The general privy accommodations of any place of human habitation shall not be permitted within any such place of habitation or under any sidewalk adjacent thereto. All cesspools shall be watertight.

(Prior code § 99-43)

7-28-540 Location of privy vault.

   It shall be unlawful for any person to maintain any privy vault or allow the same to remain upon any premises abutting upon any public way or public place in which is located a public sewer.

(Prior code § 99-44)

7-28-550 Distance from other buildings.

   It shall constitute, and is hereby declared, a nuisance for any person to erect or maintain any privy as near as 40 feet to any public way, dwelling, shop, school, factory, church, or public hall or within 100 feet of any well, unless the privy be furnished with a substantial vault six feet deep and made tight so that contents cannot escape therefrom, and sufficiently secured and enclosed. Any person owning, erecting, or maintaining any privy in violation of this section shall be subject to a penalty of $10.00, and a like penalty for every week he shall maintain or continue the same after the first conviction.

(Prior code § 99-45)

7-28-560 Vault contents.

   It shall be unlawful for the owner, agent, occupant, or person in control of any lot, building, structure, premises, or place within the city to permit or allow the contents of any tub, or of any receptacle, cesspool, privy, catchbasin, vault, sink, water closet, cistern, or anything in any room, excavation, vat, building, premises, or place to become a nuisance or offensive so as to be dangerous or prejudicial to health.

(Prior code § 99-46)

7-28-570 Offensive privies and catchbasins.

   All privies or catchbasins, any part of the contents of which are above the surface, or within two feet of the surface of the earth, and all other privies or catchbasins that are foul, or emit smells and odors prejudicial to the public health, are hereby declared nuisances, and the commissioner of buildings shall have the power to abate the same.

(Prior code § 99-47)

7-28-580 Reserved.

Editor's note – Coun. J. 11-16-11, p. 13798, Art. II, § 7, repealed § 7-28-580, which pertained to the removal of vault contents.