No privy for the reception of sewage or waste shall be permitted or allowed when the city sewer system is available to the premises on which the privy is located or which the privy serves. The city sewer system shall be considered available for the purposes of this section when the system is within 200 feet of any part of the premises on which the privy is located. All cesspools and septic tanks constructed on premises to which the city sewer system is not available shall only be permitted, allowed or suffered to remain if their use and operation complies strictly with rules promulgated as authorized and provided under this chapter. Any person violating this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in § 53.051, and the court shall, moreover, in case of conviction of the offense, order as part of the judgment of conviction that every such nuisance be abated or removed, and that any such privy, vault, cesspool, septic tank or other contrivance shall be cleaned and filled up. In case any such person so convicted shall fail to abate the nuisance within 5 days after the entry of the order of abatement or removal, then the person may be proceeded against by the court as for contempt, or the court may direct the city through the Chief of Police and Plumbing Inspector to cause the abatement or removal of the nuisance, and, upon the Chief of Police making a return showing the abatement or removal of the nuisance, the expense thereof shall be taxed as costs of the prosecution and collected as other costs. This section is cumulative and shall not prevent or exclude the removal of any such nuisance by any other lawful means.
(Prior Code, § 52-192)