Skip to code content (skip section selection)
(a) The Board of Health may regulate the location, construction and repair of water closets, privies, cesspools, sinks, plumbing and drains. The Board may also regulate the location, construction and repair of yards, pens and stables and the use, emptying and cleaning thereof, and of water closets, privies, cesspools, sinks, plumbing, drains or other places where offensive or dangerous substances or liquids are or may accumulate. When a building, erection, excavation, premises, business, pursuit, matter or thing, or the sewerage, drainage, plumbing or ventilation thereof, is, in the opinion of the Board, in a condition dangerous to life or health, and when a building or structure is occupied or rented for living or business purposes and sanitary plumbing and sewerage are feasible and necessary, but neglected or refused, the Board may declare it to be a public nuisance and order it to be removed, abated, suspended, altered or otherwise improved or purified by the owner, agent or other person having control thereof, or responsible for such condition, and may prosecute him for the refusal or neglect to obey such order. The Board may also, by its officers and employees, remove, abate, suspend, alter or otherwise improve or purify them and certify the cost thereof to the County Auditor, to be assessed against the property and thereby made a lien upon it and collected as other taxes.
(1969 Code Sec. 98.26)
(b) When the order of the Board, as provided in subsection (a) hereof, , is neglected or disregarded, in whole or in part, the Board may elect to cause the arrest and prosecution of any person offending, or may elect to do and perform, by its officers and employees, what the offending party should have done. If the latter course is chosen, before the execution of the order of the Board is begun, the Board shall cause a citation to be issued and served upon the person responsible, if he resides within the jurisdiction of the Board, but, if not, shall cause such citation to be mailed by registered. letter to such person, if the address is known or can be found by ordinary diligence. If the address cannot be found, the Board shall cause the citation to be left upon the premises, in charge of any person residing thereon, otherwise such citation shall be posted conspicuously upon such premises. The citation shall briefly recite the cause of complaint and require the owner or other person responsible to appear before the Board at a time and place stated, or as soon thereafter as a hearing can be had, and show cause, if any, why the Board shall not proceed and furnish the material and labor necessary to remove the cause of complaint.
If the person cited appears, he shall be fully apprised of the cause of complaint and given a fair hearing. The Board shall then make such order as it deems proper. If material or labor is necessary to satisfy such order, and the person cited promises, within a definite and reasonable time, to furnish such material or labor, the Board shall grant such time. If no promise is made or kept, the Board shall furnish the material and labor, cause the work to be done and certify the cost thereof to the County Auditor. If the material and labor are itemized and the statement is accompanied by the certificate of the President of the Board, attested by the Clerk of the Board, reciting the order of the Board and that the amount is correct, the County Auditor shall have no discretion, but shall place the sum against the property upon which the material and labor were expended, which shall, from the date of entry, be a lien upon the property and be paid as other taxes are paid.
(1969 Code Sec. 98.27)