(a) Responsibility of Owners and Occupants. No person shall lease, let, permit the occupancy of, permit the continuation of the occupancy of or continue the occupancy of a structure or building or any portion thereof, used for human habitation, unless such structure or building or portion thereof is free from unclean and unsanitary conditions, as defined in this section, and unless this section is complied with.
(b) Conditions Deemed Unsanitary.
(1) Any structure or building, or any portion therof, 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 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 such structure is 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 such structure being damp or wet, or by reason of such lack of repair, such accumulation of dirt, filth, litter, refuse or other offensive or dangerous substances or liquids, such defects in, lack of repair of or improper use of the drainage, plumbing or ventilation, or 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 an unclean or unsanitary condition is hereby declared to constitute a public nuisance and is prohibited.
(c) Orders to Abate or Vacate Premises. Whenever the County Board of Health ascertains from examinations or by reports of its inspectors or sanitary officers, or otherwise, that a public nuisance exists, as defined in division (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 or her lessee or agent, or the person in possession, charge or control thereof, directing him or her to abate such nuisance and remove the unclean or unsanitary conditions within such reasonable time as may be fixed by such Board and specified in such notice, it shall 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 such Board, such abatement is impossible or impractical without an immediate vacation of the house, or portion thereof, and such 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 such notice. Whenever, either in addition to or without the service of such notice on such owner, lessee, agent or person in possession, charge or control, such 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 notice, either for abatement of the nuisance or for vacation of the premises, is 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 notice and to abate the nuisance or vacate the premises accordingly. After any such notice or order of vacation, no person shall occupy or permit the occupancy of such premises, or portion thereof, until such nuisance is completely abated and such building or portion thereof is rendered clean and sanitary in accordance with the terms of such notice of the Board. 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 Village, then personal service outside of the Village on any such owner, agent, lessee or person in charge, possession or control by anyone delegated by such Board to make such service, or service by registered letter, or, if the address of the owner, lessee, agent or person in possession, charge or control is unknown or service is not secured by registered letter after an effort to do so, then notice by publication once a week for two consecutive weeks in any newspaper of general circulation in the Village or by posting or attaching to or on the outside of such structure or building a copy of the notice or order consecutively for two weeks, shall have the same effect as service within the Village.
(d) Hearings. When a notice or order of vacation follows a notice or order of abatement, as provided in division (c) hereof, such notice or order of vacation shall not be enforced as provided in this section unless such notice or order of abatement specifies a time when the person so notified or ordered may appear before the County Board of Health or the officer issuing the same to show cause why such order or notice of vacation should not be issued and unless such Board (or a majority thereof) or officer is present at its or his or her office at the time so specified, such time to be not less than twenty-four hours after the service of the notice or order. When the notice or order of vacation is issued as provided in division (c) hereof, without a previous notice or order of abatement, such notice or order of vacation shall not be enforced as provided in this section 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 the same to show cause why such notice or order should not be enforced and unless such Board of 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 is required.
(e) Posting Notice of Vacation. Whenever such procedure, in the opinion of the County Board of Health, is desirable or necessary, such Board may affix conspicuously on the building, or part thereof, the notice or order of vacation.
(f) Enforcement of Vacation Order by Police Chief. When the notice or order of vacation has not been complied with and the County Board of Health certifies such fact to the Police Chief of the Village, together with a copy of the order of notice, it shall be the duty of the Chief to enforce such notice or order of vacation and to cause such premises to be vacated in accordance with the terms of such notice or order.
(g) Enforcement Through Court Proceedings. Whenever the County Board of Health certifies 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 Village. Proceedings under this section shall not relieve any party defendant from criminal prosecution or punishment under these Codified Ordinances or under any other criminal law or ordinance in force within the Village.
(h) Cleanliness of 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 that which is provided for the same or keep filth, urine or fecal matter in his or her apartment or upon his or her premises for such length of time as to create a nuisance, and every tenant shall keep his or her apartment in a 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 County Board of Health.