(a) Permitting Unclean Habitations. No person shall lease, let, permit the occupancy of, permit the continuation of the occupancy of, or continue the occupancy of the structure or building or any portion thereof, used for human habitation, unless such structure or building or portion thereof be free from unclean and unsanitary conditions, as defined in the subsequent sections of this chapter and unless the provisions of said subsequent sections are complied with.
(b) When Deemed Unsanitary.
(1) Any structure or building or any portion thereof used for human habitation shall be deemed to be in an unclean and unsanitary condition by reason of any portion of such building being infected with a communicable disease or by reason of the absence therein of toilet facilities as required by law or ordinance, or by reason of the known presence of sewer gas therein or thereon.
(2) Any structure or building or any portion thereof used for human habitation shall be deemed to be in an unclean and unsanitary condition when unfit for human habitation or in a condition dangerous or harmful to the lives or health of the occupants by reason of the inhabited portion of the house being damp or wet or by reason of such lack of repair, or by reason of such accumulation of dirt, filth, litter, refuse or other offensive or dangerous substances or liquids, or by reason of such defects in or lack of repair of or improper use of the drainage, plumbing or ventilation, or by reason of the existence on the premises of such a nuisance or other condition as is likely to cause sickness among the occupants. Any structure or building or any portion thereof, used for human habitation, which is in such unclean or unsanitary condition is hereby declared to constitute a public nuisance.
(c) Order for Abatement or Vacation of Premises. Whenever the Board of Health of the County ascertains from examination or reports of its inspectors or sanitary officers or otherwise that a public nuisance exists, as defined in subsection (b) hereof, in or upon any structure or building, or portion thereof, and is of the opinion that such nuisance is capable of being abated without immediate vacation of the premises or such portion thereof, and serves notice upon the owner of such house, or his lessee or agent, or the person in possession, charge or control thereof directing him to abate such nuisance and remove the unclean or unsanitary conditions within such reasonable time as may be fixed by said Board and specified in said notice, it shall then be the duty of such owner, agent, or person to abate such nuisance within such time. Whenever such abatement does not take place within such time, or whenever in the opinion of said Board, such abatement is impossible or impracticable without an immediate vacation of the house or portion thereof, and said Board serves notice upon the owner, lessee, agent or person in possession, charge or control thereof to vacate or cause the vacation of such house or portion thereof designated in the notice, then it shall be the duty of such owner, lessee, agent or person to vacate or cause the vacation of such house or portion thereof within twenty days from the date of the service of such notice, or within a shorter time (not less than twenty-four hours in any case) as may be specified in said notice. Whenever, either in addition to or without the service of said notices on said owner, lessee, agent or person in possession, charge or control, the said Board is of the opinion that such nuisance can be abated by a tenant or other occupant of such house or portion thereof, and such notices, either for abatement of the nuisance or of vacation of the premises, are served upon such tenant or other occupant, then it shall be the duty of such tenant or other occupant to comply with the terms of such notices and to abate the nuisance or vacate the premises accordingly. After any such notice or order of vacation it shall be unlawful to occupy or permit the occupancy of such premises or portion thereof until such nuisance shall have been completely abated and such building or portion thereof shall have been rendered clean and sanitary in accordance with the terms of said notices of the Board of Health. When there is no owner, agent, lessee or person in charge, possession or control, who is a resident of or can be served in the Municipality, then personal service outside of said Municipality on any such owner, agent, lessee or person in charge, possession or control, by anyone delegated by said Board of Health to make such service or by registered letter, or if the address of the owner, lessee, agent or person in possession, charge or control be unknown, or service be not secured by registered letter after effort to do so, by notice by publication once a week for two consecutive weeks in any newspaper of general circulation in the Municipality, or posting or attaching to or on the outside of said structure or building of a copy of the notice or order consecutively for two weeks, shall have the same effect as service within said Municipality.
(d) Vacation and Abatement Hearings. When the notice or order of vacation follows a notice or order of abatement, as provided in subsection (c) hereof, such notice or order of vacation shall not be enforced as provided in this chapter, unless said notice or order of abatement specifies a time when the person so notified or ordered may appear before the Board or officer issuing same to show cause why such order or notice of vacation should not be issued, and unless said Board (or a majority thereof) or officer is present at its or his office at the time so specified; such time to be not less than 24 hours after the service of the notice or order. When the notice or order of vacation is issued as provided in subsection (c) hereof, without a previous notice or order of abatement, such notice or order of vacation shall not be enforced as provided in this chapter unless it specifies a time, not less than five days after the service thereof, when the person so notified or ordered may appear before the Board issuing same to show cause why such notice or order should not be enforced, and said Board or a majority thereof is present at its office at the time so specified; provided that when, in the opinion of at least 4/5 of the members of such Board, an emergency exists which requires, for the protection of the health of occupants, the vacation of the building or portion thereof without a delay of five days, then no such fixing of a time for hearing shall be required.
(e) Posting Notice of Vacation. Whenever such procedure, in the opinion of the Board of Health is desirable or necessary, said Board of Health may affix conspicuously on the buildings or part thereof the notice or order of vacation.
(f) Enforcement of Vacation Order. When the notice or order of vacation has not been complied with, and the Board of Health certifies such fact to the Police Chief of the Municipality, together with a copy of the order or notice, it shall be the duty of said Police Chief to enforce such notice or order of vacation and to cause the same premises to be vacated in accordance with the terms of such notice or order.
(g) Enforcement Through Court Proceedings. Whenever the Board of Health shall certify to the Solicitor any failure to comply with any such order or notice of vacation, with the request that civil proceedings for the enforcement thereof be instituted, the Solicitor shall institute any and all proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of such order or notice and the abatement of the nuisance against which such order or notice was directed; such suits or proceedings to be brought in the name of the Municipality. Proceedings under this section shall not relieve any party defendant from criminal prosecution or punishment under this chapter or any other criminal law or ordinance in force within the Municipality.
(h) Cleanliness; Hotels, Lodging Houses, etc. Every owner of, and every agent in charge of, a tenement house, lodging house, tourist home, tourist cabin or hotel, or part thereof, shall cause to be kept thoroughly clean all parts of the premises not within the occupied apartments. No person shall place filth, urine, or fecal matter in any place other than provided for the same, or keep filth, urine or fecal matter in his apartments or upon his premises such length of time as to create a nuisance, and every tenant shall keep his apartment in clean and sanitary condition. The walls of courts and shafts, unless built in a light color brick or stone, shall be thoroughly whitewashed or painted a light color and shall be so maintained. Such whitewash or paint shall be renewed as required by the Board of Health.
(Ord. 1976-7. Passed 11-9-76.)