(A) It shall be unlawful for any person, company, or corporation to erect, construct, cause, permit, keep, or maintain within the limits of the town anything whatsoever that is injurious to the health of the inhabitants of the town or any obstruction to the free use of property.
(B) It is unlawful for any person to throw, place, or scatter any garbage, rubbish, or other refuse over or upon any real estate, street, or alley, either public or private, or to suffer or permit any garbage, rubbish or other refuse to be placed or remain on the real estate owned, occupied, or controlled by that person. All garbage must be kept in an approved garbage receptacle with a lid and removed from the property at least every 14 days.
(C) (1) All vaults shall be cleaned, emptied, and disinfected and weeds shall be cut at any time upon the written order or posted notice of violation by the Health Officer. The Health Officer shall fix a reasonable time limit in his or her order when vaults shall be emptied, cleaned, and disinfected and when weeds shall be cut.
(2) If any owner or lessee being duly ordered as herein provided by a Deputy Health Officer shall fail or refuse to obey the order, it shall be the duty of the Health Officer to notify the Street Department and the Planning Department to cause the vaults to be cleaned, emptied, and disinfected or the weeds to be cut. The Street Department shall keep an account of the expense thereof, which shall be reimbursed upon the presentation of a voucher by the Street Department, when the payment is received. The expense shall be a lien on the property and collected as taxes are collected and receipted into the fund incurring the expense.
(D) (1) The Town Health Officer, Street Department and Town Marshal and all Deputy Health Officers, may enter upon and inspect private property, for the purpose of inspecting all lands located within the jurisdiction of the Planning Department, at proper times after due notice, in regard to the possible presence, source, and cause of disease, to carry out their duties in the enforcement of this section. Prior to entering upon any premises, the Town Health Officer and all Deputy Health Officers shall furnish sufficient identification and information to enable the owner, tenant or occupant to determine the purpose of the inspection and that the person conducting the inspection is an authorized representative of the town.
(2) If the person refuses to abate the nuisance within the time specified, it shall be the duty of the Street Department, upon notice from the Health Officer, to address and correct the nuisance. The Street Department shall keep an accurate account of the expense thereof, which shall be reimbursed upon the presentation of a voucher by the the Street Department, when the payment is received. The expense shall be a lien on the property and collected as taxes are collected and receipted into the fund incurring the expense.
(E) It shall be the duty of the Town Marshal and his or her deputies, when available, to aid the Town Health Officer in the duties of enforcing the section, upon request. The Town Marshal shall designate one deputy as the primary deputy to assist the Town Health Officers although in that deputy's absence the Town Marshal or any other deputy may assist.
(F) Any person or persons violating any of the provisions of this section commits a Class D ordinance violation and shall be fined for each offense. Each day's violation shall constitute a separate offense. The fine for each day's offense shall be $100 per day.
(G) The Town Health Officer and all Deputy Health Officers will possess proper identification stating their position as Town Health Officer or Deputy Health Officer for the town.
(H) All Planning staff can be appointed as Deputy Health Officers, as deemed appropriate by the Director of Planning.
(I) Notice of violation can be posted by the Town Health Officer or a Deputy Health Officer in the following ways:
(1) Physically posted to the dwelling by affixing a notice of violation to the dwelling's primary entryway;
(2) Delivered and served personally to the violator or owner of the property;
(3) Mailed first class mail, to the violator or owner of property, addressed to: (a) the owner of record of real property with a single owner; or (b) at least one of the owners of real property with multiple owners; at the last address of the owner for property as indicated in the records of the County Auditor on the date of the notice.
(4) Mailed certified mail, return receipt requested, to the violator or owner of property, addressed to: (a) the owner of record of real property with a single owner; or (b) at least one of the owners of real property with multiple owners; at the last address of the owner for property as indicated in the records of the County Auditor on the date of the notice.
(1985 Code, § 315-10) (Ord. 01-01, passed 2-12-2001; Am. Ord. 04-13, passed 9-13-2004; Am. Ord. 09-09, passed 7-13-2009; Am. Ord. 2012-18, passed 8-13-2012; Am. Ord. 2017-21, passed 12-27-2017) Penalty, see § 10.99