§ 10-203. Health nuisances.

(a)

The City Code Compliance Inspector shall have the authority to order the owner or occupant of any private premises to remove from such premises, at the owner's or occupant's own expense, any trash, source of filth, cause of sickness, condition conducive to the breeding of insects or rodents that might contribute to the transmission of disease, or any other condition adversely affecting the public health, within twenty-four (24) hours, or within such other time as might be reasonable. Failure to comply with the order shall be a violation of the Code. Trash is defined as: refuse, litter, ashes, leaves, debris, paper, combustible materials, rubbish, offal, or waste, or matter of any kind or form which is uncared for, discarded, or abandoned.

(b)

Such order shall be in writing and may be served personally on the owner or occupant of the premises, or authorized agent thereof, or a copy thereof may be left at the last usual place of abode of such owner, occupant or agent, if known and within the City. If the premises are unoccupied and the residence of such owner, occupant or agent is unknown, or is without the City, such order may be served by posting a copy thereof on the premises, or by publication in at least one (1) issue of a newspaper having a general circulation in the County.

(c)

If the City causes the abatement of the health nuisance, any subsequent accumulations of filth, cause of sickness, condition conductive to the breeding of insects or rodents that might contribute to the transmission of disease, or any other condition adversely affecting the public health, within a six-month period may be declared to be a continuing nuisance and may be summarily abated without further prior notice to the property owner. At the time of each such summary abatement, the municipality shall notify the property owner of the abatement and the costs thereof.

(d)

A municipal governing body may cause abandoned, unsecured and/or dilapidated buildings or houses within the municipal limits to be boarded and secured in an effort to abate a public nuisance.

(e)

For the purposes of this section:

(1)

Boarding and securing or boarded and secured shall mean the closing, boarding or locking of any or all exterior openings so as to prevent entry into the structure, and

(2)

Unsecured building shall mean any structure which is not occupied by a legal or equitable owner thereof, or by a lessee of a legal or equitable owner, and into which there are one (1) or more unsecured openings such as broken windows, unlocked windows, broken doors, unlocked doors, holes in exterior walls, holes in the roof, broken basement or cellar hatchways, unlocked basement or cellar hatchways or other similar unsecured openings which would facilitate an unauthorized entry into the structure.

(f)

Any building or structure commenced and left unfinished, not properly protected and which may attract children and endanger them in the course of play shall be considered a health and safety nuisance.

(Ord. No. 0-7273-56; Ord. No. 0-7778-5; Ord. No. 0-8687-13; Ord. No. 0-0102-10; Ord. No. 0-0405-25, § 3; Ord. No. 0-1314-14, § 6)