HEALTH AND SANITATION
SEC.14.1 NUISANCES- GENERAL DEFINITIONS
The following are declared :
1.Anything that tends to the immediate annoyance of the citizens in general.
2. Anything calculated to endanger the health of the city.
3. Anything which endangers the safety of the citizens of the city.
4. Anything which tends greatly to corrupt the morals and manners of the people of the city.
5.Any forge, stove, stovepipe, or other thing which endangers the city to fire in the opinion of governing body may be adjudged a nuisance.
6. Anything which in the opinion of the governing body of the city is a nuisance.
All nuisances in and about the streets or public ways shall be removed at once by the chief of police without any proceedings being necessary for that purpose. Any nuisances may be removed on the written compliant of any inhabitant of the city, which complaint must be set forth particularly the nature and location of the same, and the person complained against, or upon the report of the board of health, health officer or any city official, whose duty it is to report nuisances. Upon such complaint being filed with the city clerk, or upon such report of the health officer or other officer, being filed with the governing body, he shall issue a summons, to the person charged with maintaining such nuisance, requiring such person to show cause before the governing body at its chamber, at such time as therein specified, not less than one (1), nor over (5) days, whey the nuisance complained of should not be abated. The notice shall be served by the chief of police or any policeman on the person complained against, at least twelve (12) hours before the hearing, by handing him a copy or leaving same at his residence or place of business. At the hearing the governing body shall hear evidence to the facts and pass such order as it deems just. If the thing complained of be declared a nuisance, the order shall specify within what time it is to be abated by the defendant. If it be not abated by the defendant by the day specified in the order, the clerk shall issue a write directed to the chief of police directing an abatement of the nuisance.
All costs of the trial and expenses incurred in the removal of a nuisance shall be taxed against the defendant, and when the full amount is reported to the clerk, verified by the affidavit of the chief of police or sheriff, he shall issue an execution against the defendant and against the property on which such nuisance was located for the amount of such costs and expenses, which execution shall be collected by a levy and sale as other executions issued by the clerk.
Sec.14.4 Growth of Vegetation-Maximum Height; Cutting Required
For the purpose of preventing the spread of diseases, the breeding of mosquitoes and other insects, and for the protection to the health of the citizens of and residents of the city, it shall be unlawful for any owner and/or tenant in possession of any land to allow weeds, grass or other vegetation(except vegetation commonly classed as growing crops, trees, or ornamental or other shrubbery or nursery plants) to grow on such land at any time above the average height of twelve inches. Upon the weeds, grass, or other vegetation covered by this section reaching said average height, such owner and/or tenant in possession shall cause same to be cut down at the expense of such owner and/or tenant.
Sec.14.5 Penalty for failure to cut after notice
Any owner and/or tenant failing or refusing to comply with the provisions of 14.4 after five (5) days notice from the chief of police or any police officer designated by him,such owner and/or tenant fails to so comply after said notice is given as aforesaid, shall constitute a separate offense.
Sec.14.5 Penalty for Failure to Cut After Notice
Any owner and/or tenant failing or refusing to comply with the provisions of 14.4 after five (5) days notice from the chief of police or any police officer designated by him, such owner and/or tenant shall be punished as provided in 1.8; and each day such owner and/or tenant fails to so comply after said notice is given as aforesaid, shall constitute a separate offense.
Sec. 14.6 Cutting by City
Irrespective of any penalties provided for herein, if after five (5) days from giving of said notice mentioned in section 14.5, such owner and/or tenant shall fail to comply with the provisions of sections 14.4 and 14.5, the city may cause the weeds,grass or other vegetation to be cut down, and the expense of such cutting shall be assessed against the owner of the land and against the lans on which such weeds, grass or vegetation were cut; and such costs shall be collected by execution in the same manner as tax executions in favor of the city are collected.
Sec. 14.7 Service of Notice
If it shall be impracticable to serve notice provided for in sections 14.4 and 14.5 on the owner of such land, service of said notice on the tenant in possession as provided herein shall bind said owner and his land, to the same extent as if said owner had been served. If there is no tenant in possession of said land and it is impracticable to serve the owner of said land, the mailing of said notice to such owner at his last known address shall suffice; if there is no address of such owner known to the city, execution for said costs shall issue in rem against said land and shall be collected as tax executions in favor of the city are collected.
Sec. 14.11 Authority of County Board of Health
The county board of health shall have full authority to adopt and enforce such rules and regulations as they may deem necessary for the protection of the health of this city.
Sec. 14.12 Health Officer
The county health officer is hereby designated as city health officer.
Sec. 14.13 Analysis of Water
The board of health shall have full authority to procure samples of water from any well or cistern kept or maintained within kept or maintained within the corporate limits of the city, and to have same analyzed by any chemist or assistant employed by the state and to obtain reports of such analysis.
Sec. 14.14 Impure Well to be Ordered Closed
The board of health, or the health officer of the city, shall have authority and power to close or cause to be closed any well or cistern in the city shown by any analysis procured as authorized in section 12.13 to be in an unsanitary condition, or where the water therefrom thereafter until the board of health shall grant the right to reopen said well said well or cistern and to resume the use of therefrom.
Sec. 14.15 Penalty for violation of Order to Close
Any person, property owner, or person in possession or control of any well or cistern within the limits of the city, violating any rule or requirement of the board of health ordering any such well or cistern closed, or prohibiting the use of water therefrom shall upon conviction be punished as prescribed in section 1.8 of the City Charter as amended.
Sec. 14.16 Notice of Result of Analysis Constitutes Order
Notice to any property owner or person in possession or control of premises having a well or cistern thereon of the result of the analysis of the water taken from such well or cistern shall be sufficient evidence of the requirement of the board of health in regard to the further use of water therefrom, and it shall be the duty of any property owner, tenant or other person in possession or control of the premises or well or cistern immediately to close the well or cistern and to cease the use of water therefrom, and any person using or permitting the use of water from any well or cistern shown to be unsanitary or unhealthful by such analysis, shall be punished as provided in section 1.8 of the City Charter, as amended.
Sec. 14.17 Wells to be Covered
It shall be unlawful for any person to be in possession or control of any unenclosed well or cistern, or well or cistern that is not capped sufficiently to prevent persons or animals from falling or getting therein.
Sec. 14.18 Report of Existence of Well
All persons are hereby required to report to the mayor the fact that he owns or is in possession or control of a well, whether capped or unenclosed.
Sec. 14.19 Compliance with Sewage Discharge Standards
Nothing contained herein shall be deemed to allow the introduction into the sewer system of the city any substance, water or waste which fails to comply with the requirements of the sewage discharge standards of the city.