517.04 ORDER FOR ABATEMENT OR VACATION OF PREMISES.
(a) Whenever the Board of Health ascertains from examination or reports of its inspectors or sanitary officers or otherwise that a public nuisance exists, as defined in Section 517.03, in or upon any structure or building or portion thereof, and is of the opinion that such nuisance is capable of being abated without immediate vacation of the premises or such portion thereof, and serves notice upon the owner of such house, or his lessee or agent, or the person in possession, charge or control thereof, directing him to abate such nuisance and remove the unclean or unsanitary conditions within such reasonable time as may be fixed by such Board and specified in such notice, it shall then be the duty of such owner, agent or person to abate such nuisance within such time. Whenever such abatement does not take place within such time, or whenever in the opinion of such Board such abatement is impossible or impractical without an immediate vacation of the house or portion thereof, and such Board serves notice upon the owner, lessee, agent or person in possession, charge or control thereof to vacate or cause the vacation of such house or portion thereof designated in the notice, then it shall be the duty of such owner, lessee, agent or person to vacate or cause the vacation of such house or portion thereof within twenty days from the date of the service of such notice, or within a shorter time (not less than twenty-four hours in any case) as may be specified in such notice. Whenever, either in addition to or without the service of such notices on such owner, lessee, agent, or person in possession, charge or control, the Board is of the opinion that such nuisance can be abated by a tenant or other occupant of such house or portion thereof, and such notices, either for abatement of the nuisance or for vacation of the premises, are served upon such tenant or other occupant, then it shall be the duty of such tenant or other occupant to comply with the terms of such notices and to abate the nuisance or vacate the premises accordingly. After any such notice or order of vacation it shall be unlawful to occupy or permit the occupancy of such premises or portion thereof until such nuisance has been completely abated and such building or portion thereof has been rendered clean and sanitary in accordance with the terms of such notices of the Board. When there is no owner, agent, lessee or person in charge, possession or control, who is a resident of or can be served in the City, then personal service outside of the City on any such owner, agent, lessee or person in charge, possession or control, by anyone delegated by such Board to make such service, or by registered letter, or if the address of the owner, lessee, agent or person in possession, charge or control is unknown, or service is not secured by registered letter after effort to do so, by notice of publication once a week for two consecutive weeks in any newspaper of general circulation in the City, or posting or attaching to or on the outside of such structure or building of a copy of the notice or order consecutively for two weeks, shall have the same effect as service within the City.
(b) A separate offense shall be deemed committed each day during or on which the offense occurs or continues.
(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 129-73. Passed 12-27-73.)