Whenever any prior existing chimney or stack is so located that the emissions or discharges therefrom are a nuisance to the occupants of any building or structure subsequently erected or where any building or structure subsequently erected adversely affects the draft of any such chimney or stack, such nuisance shall be abated or the adverse affect upon such draft shall be corrected as the case may be, either by increasing the height of the chimney or stack, or by making such other provision as may be deemed effective by the inspector. The work of increasing the height of the chimney or stack or making such other provision as may be deemed effective by the inspector shall be done by the owner of the building or structure of which the chimney or stack forms part and the cost and expenses incurred thereby may be recovered by him or her from the owner of the building or structure subsequently erected, in court as a debt due and payable.
(Prior Code, § 30.1-29) (Ord. 775, passed 12-3-1984) Penalty, see § 94.999