§ 92.077 SMOKE NUISANCE.
   (a)   No person shall construct, maintain or use any incinerator, smokestack or chimney unless such shall be so constructed, operated or used so that the sparks, cinders, coal ashes, smoke or fumes therefrom shall not become injurious or dangerous to the health, comfort or to the property of individuals or the public, nor materially impair the comfort of persons or the value of property within the city. All smokestacks or incinerators used and operated shall be constructed and arranged in a manner and of a material as to be safe from causing fires and shall be of that height from the ground so as not in any manner to cause a violation of this section.
   (b)   Whenever any incinerator, smokestack or chimney is causing or in danger of causing a violation of this section, the owner or person responsible therefor shall at once cause the incinerator, smokestack or chimney to be reconstructed or repaired of proper and safe material or raised to a height or to be arranged within a reasonable time so that the incinerator, smokestack or chimney will be in compliance with the provisions of this section. The city council may, when any incinerator, smokestack or chimney is dangerous to the health or safety of the inhabitants, or injurious to a degree as to be a nuisance, order the incinerator, smokestack or chimney torn down or extended up or otherwise remedied so that it shall comply with this section. The building inspector shall report all cases of violations of this section to the council, together with his or her recommendations thereon.
(1957 Rev. Ords., § 7.802; 1992 Code, § 19-56) (Ord. 2677, passed 4-20-1970) Penalty, see § 10.999