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(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 division (B) below and unless the provisions of this subchapter are complied with.
(B) Unsanitary conditions defined.
(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.
('80 Code, § 557.02(a), (b)) (Ord. 35-74, passed 7-1-74) Penalty, see § 95.99
(A) Whenever the County Board of Health ascertains that a public nuisance exists, as defined in § 95.02(B), 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 the Board and specified in the notice, then the owner, agent or person shall abate such nuisance. Whenever such abatement does not take place within such time, or whenever in the opinion of the Board, such abatement is impossible or impracticable without an immediate vacation of the house or portion thereof, and the 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 the owner, lessee, agent or person shall vacate or cause the vacation of such house or portion thereof within 20 days from the date of the service of such notice, or within a shorter time (not less than 24 hours in any case) as may be specified in the notice.
(B) Whenever, either in addition to or without the service of notices on the owner, lessee, agent or person in possession, charge or control, the 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 the tenant or other occupant shall comply with the terms of such notices and shall 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 the nuisance has been completely abated and such building or portion thereof has been rendered clean and sanitary in accordance with the terms of the notices. 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 city, then personal service outside of the city on any such owner, agent, lessee or person in charge, possession or control, by anyone delegated by the Board 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, b y notice by publication once a week for two consecutive weeks in any newspaper of general circulation in the city, or posting or attaching to or on the outside of the structure or building of a copy of the notice for two consecutive weeks, shall have the same effect as service within the city.
('80 Code, § 557.02(c)) (Ord. 35-74, passed 7-1-74) Penalty, see § 95.99
When the notice of vacation follows a notice of abatement, as provided in § 95.03, such notice shall not be enforced unless the notice specifies a time when the person so notified may appear before the Board or the officer issuing same to show cause why such notice of vacation should not be issued, and unless the Board, or a majority thereof, or officer is present at its or his office at the time specified. Such time not to be less than 24 hours after the service of the notice. When the notice is issued as provided in § 95.03 without a previous notice or order of abatement, such notice of vacation shall not be enforced 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 or a majority thereof is present at its office at the time so specified. Provided that when, in the opinion of at least four-fifths 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.
('80 Code, § 557.02(d)) (Ord. 35-74, passed 7-1-74) Penalty, see § 95.99
(A) When the notice or order of vacation has not been complied with, and the Board certifies such fact to the Police chief together with a copy of the order of notice, the Police Chief shall enforce such notice or order of vacation and cause the premises to be vacated in accordance with the terms of such notice or order.
(B) Whenever the Board certifies to the Director of Law 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 Law Director 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. Such suits or proceedings shall be brought in the name of the municipality. Proceedings under this section shall not relieve any party defendant from criminal prosecution or punishment under any other law or ordinance in force within the municipality.
('80 Code, § 557.02(f), (g)) (Ord. 35-74, passed 7-1-74)
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