1331.06 UNCLEAN, UNSAFE AND UNSANITARY HABITATIONS.

   (a)   This section establishes and defines the basis upon which unclean and/or unsanitary habitations shall be considered a public nuisance.

      (1)   A structure, building or any portion thereof used for human habitation shall be deemed to be in an unclean and unsanitary condition, and “public nuisance” when any of the following conditions exist:

         A.   Absence of or nonworking indoor plumbing and/or toilet facilities.

         B.   Presence of sewer gas.

         C.   Dampness or wetness due to lack of repair.

         D.   Accumulation of dirt, filth, litter, refuse or other offensive or dangerous substances.

         E.   Defective or improperly used drainage, plumbing, electrical, gas or ventilation systems.

         F.   Water, wastewater or sewage inside or outside the structure or building as a result of improper/defective drainage or plumbing.

      (2)   The owner, as defined in Section 1331.03 (b)(6), shall be responsible for the abatement of any public nuisance findings of this section by the Board of Nuisance Abatement.

   (b)   Procedure for Finding of Public Nuisance.

      (1)   Whenever the Mayor or City Administrator suspects the existence of a public nuisance as defined in this section, or learns from any other source of the apparent existence of such nuisance, (s)he shall promptly cause such suspected public nuisance to be inspected by the Public Works and/or Health Inspection Officer. The Public Works or Health Inspection Officer may request the assistance of other City departments in the performance of the inspection, or may contract a person or firm to perform inspection of situations where the inspectors lack the expertise. Following such inspection, should the inspection officer determine that there are reasonable grounds to believe that a public nuisance exists, he shall notify the Chairman of the Board of Nuisance Abatement and provide the Chairman a report of these inspections and findings.

      (2)   Section 1331.03(d)(2).

   (c)   Appeal Procedure. In accordance with Section 1331.03 (e)(1) to (3).

   (d)   Abatement of Nuisance.  

      (1)   In accordance with Section 1331.03 (f)(1) and (2).

      (2)   “Total costs” shall also include the costs associated with contracting persons or firms in accordance with subsection (b)(1) hereof.

         (Ord. 03-01. Passed 1-8-03.)