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Charges filed under this subchapter may be dismissed by the court if at trial the defendant proves by a preponderance of the evidence that the nuisance then existing had been satisfactorily abated no more than ten calendar days after the defendant received the citation of the nuisance.
(Prior Code, § 92.10) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
Any and all costs incurred by the city in the abatement of a nuisance under the provisions of this subchapter shall be assessed against each lot or piece of ground chargeable therewith, as a special assessment or lien as provided by law.
(Prior Code, § 92.11) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
(A) The Mayor, Chief of Police, Chief Building and Code Inspector, or his or her designated representative, are directed to enforce this code against all nuisances. The jurisdiction of the Mayor, Chief of Police or Chief Building and Code Inspector and court shall extend to, and the territorial application of this subchapter shall include, all territory adjacent to the limits of the city within two miles thereof and all territory within the corporate limits.
(B) This jurisdiction shall also extend to all additional areas that are subject to, and in accordance with, any relevant interlocal agreement which has been or may be entered into by the city from time to time.
(Prior Code, § 92.12) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 17-15, passed 8-7-2017; Ord. 22-02, passed 3-7-2022)
HEALTH AND SANITATION
It shall be unlawful to erect, use, keep or maintain any stable for the boarding or lodging of any animal, either privately or for hire, or to erect, use, keep or maintain any other building, structure or other place for the exercise of any trade, employment, manufacture or other business, which, by occasioning noxious exhalations or offensive smells, becomes injurious and dangerous to the health, comfort or property of individuals or the public.
(Prior Code, § 92.25) (Ord. 93-11, passed 4-5-1993; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
(A) The term UNSAFE BUILDING, as used in this section, is hereby defined to mean and include any building, shed, fence or other human-made structure which, after inspection by the Chief Building and Code Inspector or City Engineer, meets the following conditions:
(1) Is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures;
(2) Because of faulty construction, age, lack of proper repair or any other cause is especially liable to fire and constitutes or creates a fire hazard; or
(3) By reason of faulty construction or any other cause is liable to cause injury or damage by the collapse or fall of all or any part of the structure. Any such unsafe building in the city, as determined by the Chief Building and Code Inspector or City Engineer, is hereby declared to be a nuisance.
(B) It shall be unlawful to maintain or permit the existence of any unsafe building in the city and it shall be unlawful for the owner, occupant, tenant, lessee, agent or person in custody of the building to permit the same to remain in an unsafe condition or to occupy the building or permit it to be occupied, while it is in an unsafe condition.
(C) In case the owner of any building or structure shall fail, neglect or refuse to comply with the notice given by the Chief Building and Code Inspector, or his or her designated representative to repair, rehabilitate or demolish and remove a building or structure which is unsafe and a public nuisance, the Chief Building and Code Inspector, or his or her designated representative shall follow the abatement process as described in § 92.09 of this code.
(Prior Code, § 92.26) (Ord. 93-11, passed 4-5-1993; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
(A) It shall be unlawful for any person to erect, use, keep or maintain any slaughterhouse, slaughter yard or other place for the killing of animals within the corporate limits in such manner as to render it offensive or injurious to the health or property of any individual.
(B) (1) Any person erecting, using, keeping or maintaining the slaughterhouse, yard or other place of killing of animals or who neglects or refuses to abate the nuisance thereof within a 24-hour period after being notified to do so by the Chief Building and Code Inspector, or his or her designated representative, shall be deemed guilty of maintaining a nuisance.
(2) Each 24-hour period the person continues to maintain the nuisance after being notified by the Chief Building and Code Inspector, or his or her designated representative, to abate the nuisance shall be and constitute an additional offense.
(Prior Code, § 92.27) (Ord. 93-11, passed 4-5-1993; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
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