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(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)
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 all parts of the premises not within the occupied apartments to be kept thoroughly clean. 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 apartment or upon his premises such length of time as to create a nuisance. 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. Such whitewash or paint shall be renewed as required by the Board of Health.
('80 Code, § 557.02(h)) (Ord. 35-74, passed 7-1-74) Penalty, see § 95.99
(A) Order to clean up premises. Prior to May 10 of every year, the Manager shall cause a notice or proclamation to be inserted in one or more newspapers of general circulation within the city, ordering persons to clean thoroughly and provide proper drainage for all lands, yards, vaults, cesspools, sheds and barns, and to cause all tin cans, bottles, trash, junk vehicles and other unclean and unsightly matter and debris to be removed therefrom on or before May 10. Additionally, the Manager, in a reasonable manner, shall notify at such other times as may be necessary any person, property owner, firm or tenant who allows or has permitted the accumulation of or the existence of the above described conditions that such person or firm shall cause the removal or cleaning up of such condition within a period not less than seven days from the receipt of the notice herein.
(B) Sanitary inspection. Thereafter in the month of May of each year the County Health Officer or in his absence the Chief of Police shall make a thorough sanitary inspection of all public and private property in the municipality and shall transmit his report together with his recommendations to Council on or before the first day of June. A copy of such report shall also be sent to the State Department of Health.
(C) Individual orders for abatement. If, upon inspection, it is found that either the published order or the individual order of the Manager has not been complied with as to any lot or parcel of ground, the work required shall be done by the city, with the amount expended thereof to be a valid claim against such owner or occupant and charged as a lien upon the land and recovered by the city by suit in a court of competent jurisdiction.
(D) Copy of resolution to be served or published. A copy of the resolution adopted under division (C) of this section may be served personally or at the usual place of residence of such owner, occupant or person in charge of such land or by registered mail, or in lieu of such service, may be published for two consecutive weeks in a newspaper of general circulation in the city.
(E) Unclean premises prohibited. No owner, occupant or person in charge of any lot or parcel of ground shall cause or permit water to accumulate thereon and become stagnant, permit culverts, drains or natural watercourses thereon to become obstructed, or cause or permit any putrid or unsanitary substance to accumulate thereon.
(F) Periodic inspection. Independent of the annual cleanup and inspection provided for in divisions (A) and (B) above, the county Health Officer or Police Chief shall make periodic inspection of properties within the city and shall report all violations of division (E) to council who shall thereupon by resolution proceed to order such nuisances abated.
(G) Enforcement. In case of failure or refusal to comply with any such resolution of Council, the work required thereby may be done at the expense of the city and the amount of money expended therefor shall be a valid claim against the owner, occupant or person in charge and a lien upon such land which may be enforced by suit in any court of competent jurisdiction. Proceedings under this division shall not relieve any party defendant from criminal prosecution or punishment for violation of any other criminal law or ordinance in force within the city.
('80 Code, § 557.03) (Ord. 35-74, passed 7-1-74; Am. Ord. 21-83, passed 5-21-83) Penalty, see § 95.99