Whenever one or more residents of this City, living in the vicinity of any pond, excavation, open ditch or other structure containing putrid or stagnant water, shall notify the Health Officer, City Clerk or Mayor that such pond, excavation, open ditch or other structure is a nuisance, being dangerous to life or detrimental to the health of the neighborhood in which it is situated or when the Health Officer, City Clerk or Mayor shall be notified by the police of the existence of any pond, excavation, open ditch or other structure or unwholesome, impure or offensive water or dangerous condition created by the existence of water therein, the Health Officer, City Clerk or Mayor shall notify the owner, agent, lessee or occupant of the ground upon which such pond, excavation, open ditch or other structure is situated to show good cause before Council at the time and place to be specified in such notice, why such pond, excavation, open ditch or other structure should not be abated by filling or draining and the cause of such nuisance removed. The notice of the Health Officer, City Clerk or Mayor shall not be valid unless served at least five days before the time specified in such notice and such notice shall be served in the manner as writs of summons are required to be served in civil cases.
If, after careful inquiry into the same, Council shall decide that such pond, excavation, open ditch or other structure is a nuisance and dangerous to life or detrimental or injurious to the health of the neighborhood, Council shall condemn the same as a nuisance and shall order the abatement of the same either by filling or draining. No owner, agent, lessee or occupant to whom such order has been issued shall refuse or neglect to comply with the same within the time indicated in such order or notice and fail to abate such nuisance.
Each day’s failure to comply after the time specified in the notice shall constitute a separate and distinct offense.
(1967 Code §14-32)