No land or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, electrical, or other substance, condition, or element, in such a manner or in such amount as to adversely affect the adjoining premises or surrounding area, referred to herein as dangerous or objectionable elements. However, any use permitted or not prohibited by this chapter may be established and maintained if it conforms to the provisions of this chapter.
(Ord. 4-62. Passed 3-12-62.)
(a) Review and Investigation. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Board shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to Council. In the event that the Board concurs in the allegation that there exists or are likely to be created such dangerous or objectionable elements, it shall request Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous or objectionable elements and of practicable means of remedying such condition.
(b) Enforcement. On receipt of the findings and recommendations of such specialist or laboratory, the Board may approve, partially approve, or disapprove the measures recommended therein and instruct the Zoning Inspector to proceed with the enforcement of such measures in accordance with the provisions of Sections 1105.01 to 1105.07.
(c) Cost of Investigation. The City shall bear the costs of the various tests, consultant fees, or other investigations which are required herein, provided that the owner of the property under investigation shall reimburse the City for all such expenses in the event that operation or use of such property is found to be in violation of the provisions of this chapter by the Board or, if contested, by a court of competent jurisdiction. Such reimbursement shall be made within 30 days from the date of the final Board ruling or court judgment.
(Ord. 4-62. Passed 3-12-62.)
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