(A) It shall be unlawful for any person, firm or corporation to lease, let, permit the occupancy of, or permit the continuation of the occupancy of any building or of any portion thereof used for human habitation, unless such building or structure or portion thereof be free from unclean and unsanitary conditions as defined in the subsequent sections of this subchapter, and unless the provisions of the subsequent sections are complied with.
(B) 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 or thereon of toilet facilities as required by laws or ordinance, or by reason of the known presence of sewer gas therein or thereon. 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.
(C) Any structure or building or any portion thereof used for human habitation which is in an unclean condition is hereby declared to be a public nuisance.
(D) Whenever the Board of Health of the City of Madison ascertains from examination or reports or otherwise that a public nuisance exists as defined in divisions (A) and (B) above in or upon any structure or building or any 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 of Health and specified in the notice, it shall then be the duty of such owner, agent or person to abate such nuisance within such time.
(E) Whenever such abatement does not take place within such time, or whenever in the opinion of the Board of Health, such abatement is impossible or impracticable without an immediate vacation of the house or portion thereof, and the Board of Health 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 20 days from 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.
(F) Whenever either in addition to or without the service of the notice the Board of Health 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 the abatement of the nuisance or vacation of the premises are 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 notices and to abate the nuisance or vacate the premises accordingly.
(G) 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 such nuisance shall have been completely abated and such building or portion thereof shall have been rendered clean and sanitary in accordance with the terms of the notice of the Board of Health. When there is no owner, agent, lessee or person in charge, possession or control who is a resident or can be served in the City of Madison, then personal service may be had by registered letter, or if the address of the owner, lessee, or person in charge or control be unknown or service has not been secured by registered letter after effort to do so, notice by publication once a week for two consecutive weeks in any newspaper of general circulation in the City of Madison or posting or attaching to or on the outside of the structure or building a copy of the notice or order consecutively for two weeks, shall have the same effect as service within the city.
(Ord. 557, passed 8-25-1942)