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(a) Whenever the Commissioner of Environment or any authorized City officer or employee ascertains, either upon information or by observation or inspection, that any condition amounting to a nuisance or defined by law or ordinance as a nuisance exists on any premises, which nuisance affects or endangers the public health, either of them shall, in writing, notify the owner or person in charge of the premises, requiring the abatement or removal of the nuisance within a reasonable time, unless no such owner or person in charge can be found, or unless the circumstances are such, in their opinion, as to require the immediate abatement or removal of the nuisance, without waiting to give notification.
In the case of a vacant lot or a lot on which the main building or structure is vacant, either of which lot contains a nuisance as described in Section 209.01, the procedures outlined in Chapter 209 may be followed. In case of a nuisance as described in Section 209.01, the abatement shall last for the remainder of the growing season.
(b) A notice of violation under this Section 203.02 shall be served by one (1) or more of the following methods.
(1) Personal service. The City department issuing the notice may use any method that causes the Notice of Violations to be actually delivered to the responsible party. Actual delivery shall constitute legal service of the Notice of Violations.
(2) Residence service at the owner’s address by leaving a copy of the notice of violation with a person of suitable age and discretion then residing therein.
(3) Certified mail to an address where it is reasonably calculated under the circumstances to reach the owner. When determining such an address, the City shall examine:
A. Information the responsible party provided to the City, such as rental registration information or the address used on an appeal or an application; or
B. Information that a City representative, such as an inspector, has discovered during the performance of their duties; or
C. Information from common and readily available sources such as printed or online directories, credit bureaus, county property records, board of election records, motor vehicle records, court records or other state, county, municipal or federal records.
The City is not required to use all of these methods and is not required to use any one of them; the City must use whatever combination of them is reasonably expected to be successful. The address found can be the property or premises which is the subject of the violation.
(4) Regular mail and posting as follows:
A. Regular mail to the owner at an address found under division (b)(3) above, which may be the address of the property that is the subject of the violation; and
B. Regular mail service to the property address that is the subject of the violation notice, if that address is different from the address in division (b)(4)A.; and
C. Posting of the notice of violation in a conspicuous location on the building, premises or real estate or appurtenance thereto that is the subject of the violation notice.
(5) Service by publication electronically or once in a newspaper of general circulation in the City.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)
(a) No person shall fail or refuse to comply with any provision of this Health Code or fail to comply with any lawful order issued under this Health Code.
(b) In addition to any penalty for a violation of this Health Code, the Commissioner or any authorized City officer or employee may, by their authorized representatives, remove, abate, suspend, alter or otherwise improve or purify such nuisance and certify, as allowed by law, the costs and expense thereof to the County Auditor, to be assessed against the property and thereby made a lien upon it and collected as other taxes.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)
The Commissioner of Environmental Health may, with the consent of the Director of Public Health and Welfare and the Director of Law, order any furniture, clothing or other property to be destroyed, removed or disinfected, whenever he or she deems it necessary for the health of the City.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
In the event of any actual or threatened violation of this chapter or an emergency situation, the Director of Law, in addition to other remedies provided by law, may institute proper suit in equity or at law to prevent or terminate such violation or remedy such situation.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
(a) Every person owning or having possession, charge or control of any cellar, excavation, yard, court, lot or area where water stands or accumulates shall drain the same or cause the same to be drained. Whenever the premises containing such cellar, excavation, yard, court, lot or area abuts upon a street containing a public sewer, such water shall be conducted into such sewer. Nothing herein shall prevent the construction or maintenance of a pool or fountain if such is constructed and provided with drainage in accordance with law, and if the water in such pool or fountain does not become stagnant.
(b) No person shall allow any water from any well, spring, fire plug, hydrant or other place over which he or she has control, to run so that it forms a stagnant pool or mud hole, on his or her premises or on land under his or her control, or in any street or other public grounds or abutting lands.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
The owner, occupant or person in charge of any property within the City shall maintain such property free from any accumulation of garbage, rubbish, refuse or other waste which is not confined in approved receptacles for collection or so as to prevent rodent infestation. The permitting of any premises within the City to be littered with garbage, rubbish, refuse or other waste is hereby declared to be a nuisance and unlawful.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
No person shall park a truck or motor vehicle whether loaded or unloaded, which is used for the collection and transportation of garbage, trash, rubbish or the contents of private sewage tanks, on any public street, alley or other public place except for loading purposes or emergency repairs.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
(a) Every person who has contracted or undertaken, or is bound to heat or to furnish heat for any building or portion thereof, occupied as a business establishment where one (1) or more persons are employed, shall heat or furnish heat for every occupied room in such building or portion thereof, so that a minimum temperature of seventy degrees Fahrenheit (70°F) may be maintained therein at all occupied times.
(b) Whenever a building is heated by means of a furnace, boiler or other apparatus under the control of the owner, agent or lessee of such building, such owner, agent or lessee, in the absence of a written or verbal contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself or herself to furnish heat in accordance with the provisions of this section.
(c) As used in this section, “at all occupied times” means all times at which a building or a portion thereof is occupied during the usual working hours established or maintained for such business establishment, of each day whenever the outer or street temperature falls below fifty degrees Fahrenheit (50°F).
(d) Nothing herein shall apply to buildings or portions thereof, used and occupied by trades, business or occupations where high or low temperatures are essential and unavoidable.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
The sale or distribution of cigarettes and other tobacco products in a smaller quantity than that placed in the pack or other container by the manufacturer is hereby declared to be a nuisance which affects and endangers the public health. The Commissioner of Environmental Health or any authorized City officer or employee who, upon information or by observation ascertains a violation of this section, may impose the penalties set forth in this chapter and in Section 201.99. Enforcement of this section is in addition to any other method of enforcement provided in these Codified Ordinances.
(Ord. No. 1512-10. Passed 12-6-10, eff. 12-6-10)