PART ELEVEN - HEALTH AND SANITATION CODE
Art. 1101.    General Provisions.
ARTICLE 1101
General Provisions
1101.01   House trailers.
1101.02   Health and sanitation nuisances.
1101.03   Weed or tall grass removal.
 
CROSS REFERENCES
Authority to prohibit nuisances generally - see W. Va. Code 8-12-5(10),
(13), (23), (24)
Mobile home defined - see P. & Z. 1309.01(12)
 
1101.01 HOUSE TRAILERS.
   It shall be unlawful for any person to park, locate, or occupy any house trailer or portable building unless it complies with all plumbing, electrical, sanitary, and building provisions applicable to stationary structures, and the proposed location conforms to the zoning provisions of the Municipality, and unless a permit therefor shall have been first duly issued by the Building Official, as provided for in the Building Code.
(1977 Code 7-401; Passed 9-16-21.)
1101.02 HEALTH AND SANITATION NUISANCES.
   It shall be unlawful for any person to permit any premises owned, occupied, or controlled by him to become or remain in a filthy condition, or permit the use or occupation of same in such a manner as to create noxious or offensive smells and odors in connection therewith, or to allow the accumulation or creation of unwholesome and offensive matter or the breeding of flies, rodents, or other vermin on the premises to the menace of the public health or the annoyance of people residing within the vicinity.
(1977 Code 7-409.)
   (a)    Penalty. Whoever violates or fails to comply with any of the provisions of this article will be fined not more than one hundred dollars ($100.00) for each offense. In addition, the owner shall be charged at the rate of seventy-five dollars ($75.00) per hour , per employee of the City of Spencer that must complete work to rectify this violation, or portion thereof, or the actual cost of such work if completed by contracted labor, whichever is the larger. The minimum charge therefor shall be seventy-five dollars ($75.00) by the Municipal Court of Spencer, West Virginia. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. Any applicable costs will be assessed in addition to fines for violating this article.
      (Passed 9-16-21.)
1101.03 WEED OR TALL GRASS REMOVAL.
   (a)    The owner, occupant, or person having the charge or management of any lot or parcel of land situated within the City, whether the same be improved or unimproved, vacant or occupied, within two days’ written notice or oral notice to do so, shall cut or destroy, or cause to be cut or destroyed, any noxious or poisonous weeds or tall grasses growing upon such lot or parcel of land, and prevent the same from blooming or going to seed, or exceeding a height of eight inches.
   (b)    If the owner, occupant, or person having the charge or management of any lot or parcel of land does not cut or destroy, or cause to be cut or destroyed, noxious weeds or grasses as provided herein, the City Public Works Director is authorized to cause to be cut or destroyed such noxious weeds or grasses.
   (c)    When any such noxious weeds or grasses are cut or destroyed by the City, as provided herein, then after such work is performed, the City shall give five days’ notice by regular mail to the owner, occupant, or person having the charge or management of such lot or parcel of land, at his known address, to pay the cost of such cutting or destroying of noxious weeds or grasses, which notice shall be accompanied by a statement of the amount of cost incurred. If the same is not paid within thirty days after the mailing of the notice, a lien may be placed on said property by the City Attorney.
   (d)    When it is deemed necessary to cut and destroy weeds or grasses on private property, in accordance with the provisions of this section, the owner shall be charged at the rate of seventy-five dollars ($75.00) per hour or portion thereof, or the actual cost of such work, whichever is the larger. The minimum charge therefor shall be seventy-five dollars ($75.00). Any applicable costs will be assessed in addition to fines for violating this article.
(Passed 9-16-21.)
CODIFIED ORDINANCES OF SPENCER