Chapter 9 – Health, Safety & Sanitation

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Chapter 9 – Health, Safety & Sanitation

CHAPTER IX

 

HEALTH, SAFETY, AND SANITATION

 

ARTICLE I. BOARD OF HEALTH, HEALTH OFFICER

9-101         Board of Health: How Constituted

9-102         Same: Meeting of

9-103         Same: Jurisdiction

9-104         Same: To Provide Books

9-105         Health Officer: Appointment, Term of, qualifications

9-106         Same: To Have Supervision of Sanitation

9-107         Same: To Give Professional Advice to Whom

9-108         Same: To Report to Council, When

9-109         Persons to Obey Regulations of Board of Health

 

ARTICLE II. CONTAGIOUS DISEASES

9-201         Contagious Diseases: Duty of Health Officer

9-202         Same: Notice to be Posted on Houses

9-203         Same: Children Afflicted with, not to Attend School

9-204         Same: Duty of Physician to Instruct Parents Upon Discovery of

9-205         Same: Health Officer to Visit Schools

9-206         Same: Teachers Liable, When

9-207         Same: Room to be Disinfected

9-208         Same: Report to be Made of

9-209         Same: Physician to Report Deaths From

9-210         Same: Duty of Keeper of Boarding House, Etc., to Make Report of

9-211         Same: Managers of Public Institutions to Make Report of

9-212         Same: Duty of in Case of Epidemic Disease

9-213         Same: Vaccination, When

9-214         Same: To Disinfect Houses

9-215         Same: To Make Rules for Quarantine Station

9-216         To Make Circuit of City Monthly

9-217         Same: To Keep Vaccine Virus

9-218         Report Concerning Persons Needing Help

9-219         Regulations Upon Death of Persons Infected with Contagious Disease

9-220         Infected Article or Persons not Brought into City

9-221         Infected Persons Not to be Moved About City

9-222         Persons not to Leave Quarantine Without Permission of Health Officer

9-223         Health Officer: To Enforce Sanitary Regulations

9-224         Chief of Police to Report Nuisance to Health Officer

 

ARTICLE III. SANITARY DISPOSAL OF HUMAN EXCRETA

9-301         Privies: Unlawful Exception

9-302         Same: Connections Required to Sewer and Water

9-303         Same: When Permissible, How Constructed

9-304         Same: Repair of Defects

9-305         Same: Cleanliness

9-306         Privy or Private Sewer Declared Nuisance, When

9-307         Enforcement of Health Officer

 

ARTICLE IV. SLAUGHTERING ANIMALS AND POULTRY FOR FOOD

9-401         Killing of Animals and poultry for Food Permitted

9-402         Same: Definitions

9-403         Same: Killing

9-404         Same: Killing Place

9-405         Construction

9-406         Ventilation

9-407         Doors and Windows

9-408         No Parking

9-409         Sewage and Water Regulations

9-410         Washing and Disinfecting

9-411         Outside of Premises

9-412         Disposal of Residue

9-413         No Basement Entrances

9-414         Conformity to Laws

9-415         No Rendering

9-416         Enforcement

 

ARTICLE V. SANITATION AND THE COLLECTION AND DISPOSAL OF REFUSE

9-501         Utility Established

9-502         Refuse Defined

9-503         Billing

9-504         Refusal of Service Prohibited

9-505         Refuse Containers

9-506         Storage of Refuse

9-507         Throwing or Placing of Refuse on Property Prohibited

9-508         Hauling and Disposal of Refuse

9-509         Burning of Refuse Prohibited

9-510         Private Disposal of Refuse

9-511         License Required

9-512         Procedure in Obtaining License

9-513         Fees

9-514         Recycling

9-515         Unauthorized Use of Garbage Containers and Dumpsters Prohibited

 

ARTICLE VI. DUMP GROUNDS

9-601         Establishment of City Dumping Grounds

9-602         Same: Manner of Designating Place

9-603         Removing Refuse

9-604         Dead Animals to be Buried

9-605         Same: Use Restricted to Residents of City

 

ARTICLE VII. PARKING AND LOCATING OF TRAILERS

9-701         Definitions

9-702         Parking of Trailers: When and Where Permitted

9-703         Visitors Permit

9-704         Trailer Camps and Parks

9-705         Enforcement

 

ARTICLE VIII. REGULATION OF ANHYDROUS AMMONIA

9-801         Definitions

9-802         Transportation of Anhydrous Ammonia

9-803         Regulation of Vehicles

9-804         Regulation on Sale and Storage of Anhydrous Ammonia

9-805         Police Powers Defined

 

ARTICLE IX. PENALTY

9-901         Saving Clause

9-902         Injurious Acts not Expressly Forbidden

9-903         Penalty for Violation of Chapter

 

ARTICLE X.  CLANDESTINE DRUG LAB AND CHEMICAL DUMP SITES

9-1001       General Provisions

9-1002       Administration

 

 

ARTICLE I.

 

BOARD OF HEALTH

 

9-101.  BOARD OF HEALTH: HOW CONSTITUTED. The Health Officer and the Health and the Sanitation Committee of the City Council of four members shall, constitute the Board of Health, and shall have and exercise the powers conferred upon such Boards by law and this article, with the assistance and approval from the City Council as the circumstances may require.

 

9-102.  SAME: MEETING OF. The Health Officer shall meet with the City Council as circumstances require or anytime at the order of the City Council.

 

9-103.  SAME: JURISDICTION OF. The Health Officer and the Board of Health shall exercise a general supervision over the health of the City with full power to take all steps and use all means and measures necessary to promote the cleanliness and salubrity thereof; to prevent the introduction into the City of malignant, contagious, or infectious diseases, and to remove or otherwise take care of any person attacked by any such disease, and to adopt in reference to such person any regulation, restrictions, or measures deemed advisable, and to have such powers and duties conferred upon them as are provided by State Law.

 

9-104.  SAME: TO PROVIDE BOOKS. It shall be the duty of the Health Officer to provide the necessary books for keeping the record of all transactions of said department.

 

9-105.  HEALTH OFFICER: APPOINTMENT, TERM OF, QUALIFICATIONS. At the first meeting of the City Council in April of each even numbered year there shall be appointed by the Mayor and confirmed by the Council one (1) Health Officer, who shall hold his office for two (2) years and until his successor shall be appointed and qualified. He shall be a competent physician in regular practice resident in the City, and shall perform such duties as may be provided by law and by the ordinances of the City.

 

9-106.  SAME TO HAVE SUPERVISION OF SANITATION. The Health Officer shall have and exercise a general supervision over the sanitary condition of the City.

 

9-107.  SAME: TO GIVE PROFESSIONAL ADVICE TO WHOM. He shall give the Mayor and City Council all such professional advice and information as they may require with a view to the preservation of the public health, and whenever he shall hear of the existence of any malignant, contagious, or pestilential disease he shall investigate the same and adopt measures to arrest its progress.

 

9-108.  SAME: TO REPORT TO COUNCIL, WHEN. The Board of Health shall at the end of each quarter submit to the City Council a full report comprising everything connected with the workings of the Health Department during the Quarter. At the end of each official year the officer shall report to the Mayor and City Council a full and concise statement of the Health Office in classified and tabular form, comprising the report of the mortuary tables financial report, and a full statement of the sanitary condition of the City, together with any special observations, recommendations, or facts that may be conducive to the health, and improve sanitary condition of the City, together with any special observations, recommendations, or facts that may be conducive to the health, and improve the sanitary conditions of the City.

 

9-109.  PERSONS TO OBEY REGULATIONS OF BOARD OF HEALTH. Every person shall observe and obey each and every special regulation and every order of the Board of Health that is or may be made for the carrying into effect any of the provisions of this chapter or powers or any law of this state or otherwise, as if the same had been here inserted at length.

 

ARTICLE II.

 

CONTAGIOUS DISEASES

 

9-201.  CONTAGIOUS DISEASES: DUTY OF HEALTH OFFICER. It shall be the further duty of the Health Officer to visit and examine or cause to be visited and examined all sick persons who shall be reported to him as afflicted with or supposed to be afflicted with any diphtheria, smallpox, cholera, or infectious or pestilential disease and cause all such infected persons to such other proper place as he may think proper, and cause them to be provided with suitable nurses and medical attendance, at their own expense, if they are able to pay for the same, but if not, then at the expense of the City.

 

9-202.  SAME: NOTICE TO BE POSTED ON HOUSES. It shall be in the discretion of the Health Officer to cause a notice to be placed upon or near any house in which any person may be affected or sick with any disease named or provided for in this article upon which shall be written or printed the name of such disease, and if said notice is so placed no person or persons shall remove, deface, mutilate, or interfere in any way with the said notice without permission from the Health Officer.

 

9-203.  SAME: CHILDREN AFFLICTED WITH, NOT TO ATTEND SCHOOL. No child, minor, or person from any house where any person or persons are sick or infected with any of the contagious or infectious diseases named and provided for herein shall attend any public, private, or sectarian school in this City until the recovery or death of said sick person or persons and in either event the aforesaid child, minor, or person shall be provided with a written statement by the attending physician, if any, or if not, then by the Health Officer, certifying to their non-contagiousness, which statement must be presented to the principal or teacher of said public or private school before said child, minor, or person will be allowed to return.

 

9-204.  SAME: DUTY OF PHYSICIAN TO INSTRUCT PARENTS UPON DISCOVERY OF. It shall be the duty of all physicians, upon the discovery of any contagious or infectious disease, to instruct the parents or guardian of any child or minor who may be residing at the infected premises of the provisions of 9-203, and it shall be the duty of any principal or teacher of any public, private, or sectarian school in the City, to report at once to the Health Officer in writing any violation of 9-203.

 

9-205.  SAME: HEALTH OFFICER TO VISIT SCHOOLS. The Health Officer is hereby empowered to visit any and all public or private schools in the City and to make or cause to be made an examination of the children and minors in attendance therein as often as he may deem necessary to secure compliance with the provisions of this article.

 

9-206.  SAME: TEACHERS, LIABLE, WHEN. Any principal or teacher of a public school, or principal or teacher of any private or other school who shall violate any of the provisions of this chapter, or shall in any way prevent or attempt to prevent a Health Officer from exercising the power conferred upon him by this chapter, shall upon conviction be liable to the penalty hereinafter prescribed.

 

9-207.  SAME: ROOM TO BE DISINFECTED. Upon the death or convalescence of any person affected or sick with any of the contagious or infectious disease named or provided for herein, the Health Officer shall at once cause the room or rooms used by and those in the immediate vicinity of said person or persons, together with the contents of said room or rooms, to be thoroughly disinfected, cleansed, fumigated, or whatever in his discretion may be deemed necessary in order to prevent a further spread of the disease, even in extreme cases to destroy the contents of said rooms, all this to be done at the expense of the owner when he or she is able, and when he or she is not, then at the expense of the City.

 

9-208.  SAME: REPORT TO MADE OF. Every person shall report to the Health Officer of the City, in writing, every person having a contagious, infectious, or other disease, herein enumerated, such as cholera, yellow fever, scarlet fever, typhus fever, small-pox, varioloid, diphtheria, or any of the grades of all such diseases, typhoid fever, pneumonia, influenza, pulmonary tuberculosis, chicken pox, measles (and the state of his or her disease, and his or her place of dwelling and the name if known) which such physician had prescribed for or attended for the first time since having such disease during any part of the preceding twenty-four (24) hours. Not more than one report shall be required in one (1) week concerning the same person, but every attending or practicing physician there must, at his peril, see that each report has been made by some attending physician.

 

9-209.  SAME: PHYSICIAN TO REPORT DEATHS FROM. It shall be the duty of each and every practicing physician to report in writing to the Health Officer the death of any of his patients who shall have died in said City of contagious, infectious, or any other diseases mentioned in 9-208 within twenty-four (24) hours thereafter, and to state in such report the specific name and type for such disease.

 

9-210.  SAME: DUTY OF KEEPER OF BOARDING HOUSE, ETC., TO MAKE REPORT OF. Every keeper of every boarding house or lodging house and innkeeper and hotel keeper shall within twenty-four (24) hours report in writing, to the Health Officer the same particulars in 9-209 required of any physician, concerning any person being at any aforesaid houses or hotels and attacked with or suffering from any contagious or infectious disease.

 

9-211.  SAME. MANAGERS OF PUBLIC INSTITUTIONS TO MAKE REPORT OF. The commissioner, manager, principal, or other proper head officer of each and every public or private institutions in said City shall once in each week report in writing (or cause such report by some proper person to be made once in each week) to the Health Officer, and state therein the names, if known, and condition and the disease of any and every person being thereat and sick of any contagious or other disease.

 

9-212.  SAME: DUTY OF IN CASE OF EPIDEMIC DISEASE. In case of pestilence or epidemic disease or danger from anticipated or impending pestilence or epidemic disease, or in case the sanitary condition of the City should be of such character as to warrant it, it shall be the duty of the Health Officer to take such measures, and to do and order and cause to be done, such acts for the preservation of the public health (though not herein or elsewhere or otherwise authorized) as he may in good faith declare the public safety and health to demand.

 

9-213.  SAME: VACCINATION, WHEN. The Health Officer may take such measures as he may from time to time deem necessary to prevent the spreading of smallpox by issuing an order requiring all persons in the City or at any part thereof requiring vaccination, to be vaccinated, within such time as he shall prescribe; and all persons refusing or neglecting to obey such order shall be liable to the penalty hereinafter specified; provided, that it shall be the duty of the Health Officer to provide for the vaccination of such persons as are unable to pay for the same, at the expense of the City.

 

9-214.  SAME: TO DISINFECT HOUSES. The Health Officer shall have power to cause any house or any premises to be cleansed, disinfected, or closed to visitors, and to prevent persons from resorting thereto while any person is afflicted with any pestilential or infectious disease, and he may by an order in writing direct any nuisance to be abated, or any unwholesome matter or substance, dirt, or filth, to be removed from any house or premises, and may prescribe the time and mode of doing so, and shall take any other measures he may deem necessary and proper to prevent the spread of any infectious, pestilential, or epidemic disease.

 

9-215.  SAME: TO MAKE RULES FOR QUARANTINE STATION. The Health Officer shall make such rules and regulations for the government of the quarantine or health of the City as from time to time he shall deem necessary, and the physician or Health Officer in charge of any quarantine station or place shall have power to make and enforce such regulations as may be necessary for the proper conduct and management thereof; and it shall be the duty of all persons in quarantine and all agents, officers, policemen, or others employed by the City in or about said quarantine stations or places to carry out and obey the same.

 

9-216.  TO MAKE CIRCUIT OF CITY MONTHLY. It shall be the duty of the Health Officer to make a circuit of observation once in each month to every part of the City and its environs which from the location or from any collateral circumstances may be deemed the cause or location of disease, and in all cases where he may discover the existence of any agent, the presence of which will or may prove dangerous to the health of the City, and there is no ordinance competent for the correction of the evil, he shall immediately report the same to the City Council, accompanied with his opinion of the necessity of extraordinary or particular action.

 

9-217.  SAME: TO KEEP VACCINE VIRUS. Said Health Officer shall also have on hand as far as practicable a sufficient quantity of vaccine virus, and he shall vaccinate and re- vaccinate all persons who may apply to him for that purpose, and give certificates to children who have been vaccinated, and require such certificate for admissions to the public school.

 

9-218.  REPORT CONCERNING PERSONS NEEDING HELP. It shall be the duty of every person knowing of any individual in said City, sick of any contagious disease (where such person shall have reason to regard such individual as neglected or not properly cared for to avoid giving said disease to others) and the duty of every physician hearing of any such sick person whom he shall have reason to think requires the attention of the Board of Health, to at once report the facts to said Board of Health in regard to the disease, condition, and dwelling place or location of such sick person.

 

9-219.  REGULATIONS UPON DEATH OF PERSONS INFECTED WITH CONTAGIOUS DISEASE. Upon the death of any person affected or sick with a contagious or pestilential disease named or provided for in this article, the following regulations must be observed:  The remains of said person must be thoroughly disinfected and be exposed to the view of no one except those absolutely necessary in preparing the body for burial, and be placed in a hearse which must not be accompanied by more than two (2) vehicles, and shall be taken directly from the place of death to the place of burial.

 

9-220.  INFECTED ARTICLE OR PERSONS NOT BROUGHT INTO CITY. No person shall bring into this City from any infected place, or from any railroad car or building in which there has lately been any person sick of a contagious or infectious disease, any article or person whatsoever, nor shall any person come into the City without the permit of the Board of Health. It shall be no excuse that such person or article so offending or the occasion of offense has passed through quarantine, or has a permit from any other source than the said Board of Health.

 

9-221.  INFECTED PERSONS NOT TO BE MOVED ABOUT IN CITY. No person shall within the City without a permit from the Health Officer carry or remove from one building to another any person sick of any contagious disease, nor shall any person by any exposure of any individual sick of any contagious disease, or of the body of such person, or by any negligent act connected therewith, or in respect of the care and custody thereof, or by the needless exposure of himself, cause or contribute to or promote the spread of disease from any such person or from any dead body.

 

9-222.  PERSONS NOT TO LEAVE QUARANTINE WITHOUT PERMISSION OF HEALTH OFFICER. No person who has been affected or sick with any of the contagious or infectious diseases named and provided for herein who has been quarantined or isolated in any place within the jurisdiction of the City shall be allowed to leave such quarantine without permission of the Health Officer.

 

9-223.  HEALTH OFFICER: TO ENFORCE SANITARY REGULATIONS. It shall be the further duty of the Health Officer to enforce all the Laws of the State and ordinances of the City in relation to the sanitary regulations of the City, and cause all nuisances to be abated with all reasonable promptness.

 

9-224.  CHIEF OF POLICE TO REPORT NUISANCES TO HEALTH OFFICER. It shall be the duty of the Chief of Police to report to the Health Officer the existence of any nuisances whatever in the City, and perform such other acts relative to the same according to the general or special regulations thereto.

 

ARTICLE III

 

SANITARY DISPOSAL OF HUMAN EXCRETA

 

9-301.  PRIVIES: UNLAWFUL, EXCEPTION. It shall be unlawful to maintain or use within the City of Lisbon any residence, place of business or other building or place where persons reside, congregate, or are employed which is not provided with means for the disposal of human excreta, either by a flush toilet connected with a sewerage system approved by the City Health Officer and the State Department of Health, or by a privy which meets the requirements of construction and maintenance hereinafter described.

 

9-302.  SAME: CONNECTIONS REQUIRED TO SEWER AND WATER.

 

  1. Every building where persons reside, congregate, or are employed which abuts a street, avenue, or alley in which there is a public sanitary sewer, or which is within two hundred feet (200’) of a public sanitary sewer, shall be connected to the sewer, and with a separate connection for each house or building. This shall also apply to water connections.

 

  1. No residence or establishment connected to the city sewerage system shall be allowed to build and maintain a privy of any description provided that this does not apply where special permission is obtained from the City Health Officer.

 

  1. Each connection and each fixture emptying through the connection shall be installed in the manner prescribed by the Plumbing Code of the City of Lisbon, North Dakota.

 

  1. Buildings which are not habitable, as determined by the City Building Inspector, shall not be connected to the city water and sewerage systems.

 

The Building Inspector shall notify the Superintendent of Waterworks and Sewerage of any houses on such list which are not habitable and considered to be substandard.

 

The Superintendent of Waterworks and Sewerage shall issue no permit for connection to sewer and water for any structure on such list as being an uninhabitable structure.

 

9-303.  SAME: WHEN PERMISSIBLE, HOW CONSTRUCTED.

 

  1. Private Sewer System.

 

  1. Any residence, place of business, or other building where there is installed a water-flush system of excreta disposal which is not connected to a public sewer system approved by the City Health Officer and the State Department of Health, and where the customary users do not exceed ten (10) in number, there shall also be established or installed a private sewer-disposal plant, said disposal plant to consist of a septic tank and a system of underground drains for the disposal of the tank effluent.

 

Said tank and drains shall be so constructed as to meet the requirements of construction and maintenance hereinafter described and prescribed by the State Department of Health.

 

a-1.      Septic Tanks.  The sizes of septic tanks shall be as follows:

Minimum Size                    65 cu. ft.

Serving 8 persons             70 cu. ft.

Serving 10 persons           80 cu. ft.

 

Septic tanks shall have a covered manhole sufficient size to allow cleaning of the tank.

 

a-2.      Drains. Sufficient open-jointed drain shall be provided and the construction shall be such that sewage shall at no time flow over the top of the ground. Thirty (30) feet of drain per person shall be recognized as a minimum.

 

a-3.      Trenches. Drain-line trenches shall be two (2) feet in width and at least two (2) feet in depth. The drain lines shall be laid on a six (6) inch bed of crushed stone or clean gravel covering the full width of the trench and mounded up over the top of the tile. The back filling of the trench should provide an earth covering of twelve (12) inches for the tile at all points. Location of septic tank and drainage line shall be so located that no drinking water supply shall be subject to contamination therefrom.

 

  1. At any residence, place of business, or other building where there is installed a water-flush system of excreta disposal which is not connected to a public sewer system, approved by the State Department of Health, and where the customary users exceed ten (10) in number, this shall be considered as a special case and must be approved by the Health Department before installation.

 

Each fixture connected to any private sewage-disposal plant, and all piping and appurtenances thereto, shall be installed as prescribed by the Plumbing Code of the City of Lisbon, North Dakota.

 

  1. Pit Privy.

 

  1. Where at any time there shall be established or installed a pit privy, said pit privy shall be constructed in accordance with the plans, specifications and regulations of the Board of Health.

 

9-304.  SAME: REPAIR OF DEFECTS. Should any defect occur in the privy which would cause it in any way to fail to meet the requirements as provided above, the defect shall be immediately corrected by the owner or agent of the premises on which the defect has occurred, unless the defect shall be caused by neglect, destructiveness or carelessness on the part of the occupant of the premises on which the defect has occurred, or through his agent, in which case the defect shall be immediately repaired or corrected by the occupant, or the agent of the occupant, of the premises on which the defect has occurred.

 

9-305.  SAME: CLEANLINESS. All privy buildings shall be dept in a clean condition at all times, the owner shall be responsible for the proper maintenance and care of all privy buildings. In case the owner does not occupy the property, the responsibility for proper maintenance shall be with the renter or lessee.

 

9-306.  PRIVY OR PRIVATE SEWER DECLARED NUISANCE, WHEN. Any privy or private sewer existing or being maintained which does not conform to the requirements of this article, shall be, and is hereby declared a nuisance, dangerous, and a menace to the public health, and the City of Lisbon, North Dakota, shall have the power and the authority to abate any such nuisance in accordance with law.

 

9-307.  ENFORCEMENT BY HEALTH OFFICER. It shall be the duty of the City Health Officer to enforce the provisions of this article, and in the performance of this duty the City Health Officer or his duly authorized agent is hereby authorized to enter, at any reasonable hour, any premises as may be necessary in the enforcement of this article.

 

ARTICLE IV

 

SLAUGHTERING ANIMALS AND POULTRY FOR FOOD

 

9-401.  KILLING OF ANIMALS AND POULTRY FOR FOOD PERMITTED.  That the holding, killing and processing of animals for food within the City of Lisbon, is hereby permitted under the terms, conditions, regulations and restrictions as hereinafter set forth.

 

9-402.  SAME: DEFINITIONS. The term “holding room” shall mean the room in which animals or fowls are held prior to being killed and processed for food for human consumption; the term “killing room” shall mean the room in which the actual killing and rough-dressing of animals and fowls is done; the term processing shall mean the cutting, curing, storing or otherwise preparing meat for sale or actual use by the person or persons who will be the consumer.

 

9-403.  SAME: KILLING. All killing of animals and fowls under the terms, conditions and regulations of this ordinance shall be done in a humane manner and without any noise or disturbance in any manner whatsoever.

 

9-404.  SAME: KILLING PLACE. Each killing place shall have a holding room in connection therewith in which surplus animals may be kept until actual killing takes place and it is further provided that no animal or fowl shall be held in any holding room for a period of more than four (4) hours before killing.

 

9-405.  CONSTRUCTION. The holding and killing rooms must be of sound proof construction with concrete floors of a smooth finish and such as can be easily cleaned and drained. The walls and ceilings must be of a waterproof, washable substance of a smooth finish and easily cleaned and not likely to gather or retain dirt of any nature. There must be an unloading room which shall be enclosed abutting on the holding or receiving room in which all trucks and other vehicles shall be placed while livestock is being unloaded.

 

9-407.  DOORS AND WINDOWS. All doors and windows must be screened so as not to admit insects. Windows in holding and killing rooms must be at least five (5) feet above the floor level to sill. All doors having an exit to the outside of the holding or killing rooms must be tightly closed at all times except for the admission of animals or fowls. All doors and window casings and frames must be metal covered facing the inside of plant. Nontransparent glass must be used in the doors and windows of the holding and killing rooms.

 

9-408.  NO PARKING. Animals must be unloaded from conveyance immediately upon arrival on the premises and conveyances hauling animals or fowl will not be allowed to park on premises or alleys near premises, either with or without animals or fowls.

 

9-409.  SEWAGE AND WATER REGULATIONS. Each killing plant must be equipped with a sewer outlet and drain in the killing room to connect to an adequate sewer system. There must be an adequate supply of water for use that cleanliness can be assured. No blood from the killing of animals or fowls will be allowed to enter into the sewer and no residue from animals or fowls will be allowed to enter the sewerage system of the City. All blood and solid matter must be disposed of in a manner as designated by the Health Department of the City of Lisbon. No sewer drain or outlet shall be allowed in while the holes or openings shall be of a diameter of over 3/8ths of an inch.

 

9-410.  WASHING AND DISINFECTING. The holding and killing rooms must be washed and thoroughly cleaned each day after holding and killing for the day has been completed. A disinfectant must be used liberally to insure the best possible sanitation of the plant and particularly of the holding and killing rooms.

 

9-411.  OUTSIDE OF PREMISES. The outside of premises must be kept clean and wholesome and no offal, residue, straw or other refuse shall be permitted or allowed to gather, collect or to remain on or about the premises.

 

9-412.  DISPOSAL OR RESIDUE. All offal, residue and waste matter from animals, or fowls, or anything not immediately usable for human consumption, shall immediately be hauled out and disposed of in a sanitary manner by the operator of the plant, which hauling shall be done in tightly closed containers.

 

9-413.  NO BASEMENT ENTRANCES. No openings other than sewer shall be made through the floors of the holding and killing rooms. All floors must be solid and there must be no seepage of water or other matter from either the holding or killing rooms through the floors.

 

9-414.  CONFORMITY TO LAWS. All regulations for holding, killing and processing of animals an fowls, in addition to the terms, conditions and regulations contained in this ordinance shall also be in strict conformity with any and all regulations as laid down by the rules and regulations now in force or that may at any time hereafter be laid down by the Board of Health of the City, by the State Board of Health and by the National Health Authorities.

 

9-415.  NO RENDERING. No rendering of non-edibles, such as lard, tallow, bones, skins, etc., shall be permitted in any form whatsoever.

 

9-416.  ENFORCEMENT. The health officer or any police officer in the City of Lisbon shall be charged with the strict enforcement of this ordinance. The Health Officer, or any member of the Board of Health and any police officer of the City of Lisbon and any state Health Officer or national Health Officer shall have authority to enter upon the premises and any part thereof at any time, for the purposes of inspection and the enforcement of any provision of this ordinance.

 

ARTICLE V

 

SANITATION AND THE COLLECTION AND DISPOSAL OR REFUSE

 

9-501.  UTILITY ESTABLISHED. There is herewith created a Public Utility of the City of Lisbon to be known as Waste Collection and Disposal utility. Such utility shall be responsible to carry out the provisions of this ordinance and shall supervise and arrange for a refuse collection system, disposal grounds, and landfill disposal system. The utility shall have the power and authority to purchase or lease in the name of the City of Lisbon such lands as are necessary for disposal or refuse and to purchase or lease such equipment as may be necessary.

 

9-502.  REFUSE DEFINED. The term “refuse”, as used in this ordinance, is defined to be all manner of kitchen and household garbage and rubbish, all offal including both animal and vegetable matter, metal, plastic, paper and glass, food containers from which food has been removed, waste paper, and all other waste material and things produced or accumulated in the operation of kitchen or places where food is served or sold, produced, or consumed, including all waste matter from homes, stores or places of business of any nature, and including rubbish, lumber, concrete, leaves, branches of trees, appliances, machinery, car bodies, ashes, which may constitute a menace to public health or create a fire hazard or an unsightly condition.

 

9-503.  BILLING. The City Auditor of the City of Lisbon is hereby authorized to add the refuse disposal charges provided herein to its charge for water service and submit the same on a bill in connection with said water service bills and said City Auditor shall be authorized to discontinue services if the entire bill shall not be paid. In all places where water service is provided, the monthly charges set forth shall be added to and collected as a part of the water bill. In all places where water service is not provided, the charge above set forth shall be paid to the City Auditor upon monthly bills from the said department.

 

9-504.  REFUSAL OF SERVICE PROHIBITED. No person within the City of Lisbon shall be permitted to refuse to accept such refuse service and the failure to receive such service shall not exempt him from payment of charges hereinbefore set forth save and except only those persons residing in areas in which no refuse collection service is provided, and in such areas no charges shall be made.

 

9-505.  REFUSE CONTAINERS. Refuse containers shall be water tight, have close-fitting covers, and adequate handles to facilitate collection.  Such containers shall be only those approved by the Lisbon City Council and supplied by the company contracting with the City to provide refuse collection.

 

If containers are damaged by the action or negligence of the property owner or other user of the container, the person responsible for damaging the container shall pay the cost of replacing the container.  (Ordinance 2004-5)

 

9-506.  STORAGE OF REFUSE. Each property owner or occupant of any building or premises located within the City of Lisbon shall store all refuse in covered containers as specified in Section 9-505.  Such containers shall be readily accessible to the City’s refuse collectors, at such times and places as the City designates for collection.  (Ordinance 2004-6)

 

9-507.  THROWING OR PLACING OF REFUSE ON PROPERTY PROHIBITED.  It shall be unlawful for any person to throw, place, or deposit, or to permit to be thrown, placed, or deposited, any refuse, as defined in Section 9-502, upon any street, alley, public way, or other public property, or on any private lot or property, within the corporate limits of the City of Lisbon except as specifically permitted by these ordinances or city signage.

 

PENALTY.  A violation of this ordinance shall be considered an infraction, punishable by a $50 fine for a first offense, $100 fine for a second offense, and a $200 fine for any subsequent offense.  (Ordinance No. 2020-3)

 

9-508.  HAULING AND DISPOSAL OF REFUSE. No refuse shall be hauled on the streets of the City of Lisbon unless the same is contained in such metal receptacles as hereinbefore described, with covers tightly fitted thereon, or unless hauled in trucks, trailers, or vehicles which are covered in such manner as to prevent the scattering of such refuse upon the streets. All refuse shall be disposed of in the place provided by the City of Lisbon for such purpose and no such refuse as herein defined shall be disposed of at any other place.

 

9-509   BURNING OF REFUSE PROHIBITED. It shall be unlawful to burn refuse as defined in Section 1 herein, within the City Limits.

 

9-510   PRIVATE DISPOSAL OF REFUSE. Any person other than a licensed refuse collector who shall wish to dispose of refuse at the City Disposal Grounds shall make such deposit at the hours from time to time designated by the City.

 

9-511.  LICENSE REQUIRED. No person shall collect and haul refuse for hire without having first secured a license to do so.

 

9-512.  PROCEDURE IN OBTAINING LICENSE. Any person desiring to collect or haul refuse for hire shall make application for a license to the City Council. The application shall set forth:

 

  1. The name and address of the applicant.

 

  1. List of vehicles and equipment he proposes to use.

 

  1. The portion of the City in which collections are to be made.

 

  1. A statement as to the frequency of collections.

 

  1. A schedule of fees to be charged.

 

No license shall be granted unless the application shows that the collector will make a collection at least once each week. That his equipment consists of sanitary tanks which will not leak or spill refuse. The license fee shall be $50.00 per annum.

 

9-513.  GARBAGE RATES: ESTABLISHED. For the collection of garbage and rubbish by the City and the disposal thereof the City will fix and establish by Resolution a schedule of monthly fees and charges for both residential and commercial users.  Said monthly fees and charges may be changed by Resolution of the City Council at any regular or special meeting thereof.  A schedule of said monthly fees and charges shall at all times be filed in the office of the City Auditor and be available for public inspection.

 

Said monthly fees and charges shall be collected according to Section 12-111 of these ordinances.  (Ordinance No. 2014-9).

 

9-514. RECYCLING.  In addition to the refuse containers provided to residential customers in Section 9-505, each property will be provided with at least one tote container for recycling purposes.  No person, excepting those using refuse collection solely for business purposes, within the City of Lisbon shall be permitted to refuse to accept such recycling service, and the failure to use or receive such service shall not exempt him from payment of charges hereafter set forth, excepting only those persons to whom recycling service cannot be provided by the City.

 

Recycling containers shall be used to dispose of only those items approved by the Lisbon City Council and the company contracting with the City to provide recycling collection.  The container shall be stored and made available for collection in the same manner as refuse containers.

 

For the collection of refuse in recycling containers and disposed thereof by the City, there is hereby fixed and established a fee of $2.25 per month for each residential customer to whom said service can be provided by the City.  Said monthly charge shall be billed and collected in the same manner as refuse service is billed and collected.  (Ordinance 2004-7).

 

9-515.  UNAUTHORIZED USE OF GARBAGE CONTAINERS AND DUMPSTERS PROHIBITED.  It is hereby declared unlawful for any unauthorized person to place within any garbage container or dumpster owned or rented by another party, any garbage, refuse, rubbish, solid waste, trash, or any other matter or material, within the City Limits of the City of Lisbon.

 

PENALTY.  A violation of this ordinance shall be considered an infraction, punishable by a $500 fine for a first offense and a $1000 fine for any subsequent offense.  (Ordinance No. 2017-3)

 

ARTICLE VI.

 

DUMP GROUNDS

 

9-601.  ESTABLISHMENT OF CITY DUMPING GROUNDS. There is hereby established a city dumping ground to be under the supervision of the Police Department of the City of Lisbon and for the appointment by the Mayor of a caretaker thereof, with the approval and consent of the Council; the Mayor in his order of Appointment is to fix the salary of said caretaker.

 

9-602.  SAME: MANNER OF DESIGNATING PLACE. The mayor with the consent and approval of the Council shall designate by specific description one or more dumping grounds, which order designating city dumping grounds shall be in writing filed with the City Auditor and shall be published once in the official newspaper of the City. All ashes, refuse, garbage, junk, and worthless matter and debris of all kinds and description that accumulates within the City of Lisbon shall be deposited in or on said city dumping grounds so designated.

 

9-603.  REMOVING REFUSE. All ashes, refuse, garbage, junk, and worthless matter of all kinds and descriptions that may accumulate within the City of Lisbon shall be, at least once each year, and oftener, if liable to become offensive, removed at the expense of the owner, renter, or anyone in charge of or occupying any real property within the City, to said city dumping ground, and shall be deposited in the place or places designated by the caretaker thereof, who shall at all times keep open roads or alleys, suitable for motors or vehicles loaded with such refuse to be driven upon, to the places so designated by the caretaker, within said designated dumping ground, for such refuse to be unloaded.

 

9-604.  DEAD ANIMALS TO BE BURIED. No person shall haul to or leave or deposit upon said dump ground, the carcass of any dead animal or fowl without immediately burying the same at least two (2) feet below the level of the ground.

 

9-605.  SAME: USE RESTRICTED TO RESIDENTS OF CITY. It shall be unlawful for any person except if he be a resident of the City of Lisbon to deposit any refuse, garbage, junk, or other worthless matter of any kind or description in the city dump grounds, and then only such refuse as may have been accumulated within the City of Lisbon.

 

ARTICLE VII.

 

PARKING AND LOCATING TRAILERS

 

9-701.  DEFINITIONS. Whenever used in this article unless a different meaning appears from the context:

 

  1. An “Automobile Trailer, Trailer Coach, or Trailer” means any vehicle or structure so designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation or trade (or use as a selling or advertising device), and any semitrailer, boat trailer, snowmobile trailer, and any other trailer so designed that it is or may be mounted on wheels and used as a conveyance on highways or city streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks. (Ord. 2003-1).

 

  1. A “Trailer Camp” means any park, trailer park, trailer court, court, camp, site, lot, parcel, or tract of land designed, maintained, or intended for the purpose of supplying a location or accommodations for any trailer coach or trailer coaches and upon which any trailer coach or trailer coaches are parked and shall include all buildings used or intended for use as part of the equipment thereof whether a change is made for the use of the trailer camp and its facilities or not. A Trailer Camp shall not include automobile or trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale.

 

  1. A “Tourist Camp” means any park, tourist park, tourist court, camp, court, site, lot, parcel, or tract of land upon which one or more camp cottages or cabins are located and maintained for the accommodation of transients by the day, week, or month whether a charge is made or not

 

  1. A “Unit” means a section of ground in a trailer camp of not less than 800 square feet of unoccupied space in an area designated as the location for only one automobile and one trailer.

 

9-702.  PARKING OF TRAILERS: WHEN AND WHERE PERMITTED.

 

  1. It shall be unlawful, within the limits of the City of Lisbon, for any person to park any trailer, including semitrailers, boat trailers, and snowmobile trailers, on any street, alley, or highway, or other public place, or any tract of land owned by any third person, occupied or unoccupied, within the City of Lisbon, except as provided in this article.

 

  1. Emergency or temporary stopping or parking of semitrailers is permitted on any street, alley, or highway for loading, unloading, or immediate deliveries only, subject to any other prohibitions, regulations, or limitations imposed by the traffic or parking ordinances and signs for that street, alley, or highway.

 

  1. Parking of trailers shall be allowed in areas specifically designated by Resolution of the Lisbon City Council.

 

  1. No person shall occupy any trailer on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside an approved trailer camp.

 

  1. Trailers, excepting semitrailers and occupied trailers, may be parked along a street, alley, or highway for up to 120 hours at a time, but only in front of property owned by the owner of the trailer. The trailers must be absent from all city streets, alleys, or highways for at least 48 hours before a new 120-hour period will begin.

 

Trailers also must be parked at least twenty (20) feet away from any intersecting streets (measured from the curb), intersecting alleys (measured from the curb), or driveways, unless the driveway is the Owner’s driveway.  (Ordinance No. 2017-2).

 

9-703.  VISITORS PERMIT. The owner of any lot outside the fire limits of the City of Lisbon may receive a “Visitors Permit” to park a trailer on such lot for a period of not to exceed two weeks. A “Visitors Permit” may be granted upon the written request accompanied by written consent of adjoining property owners to the granting thereof and providing that the trailer is parked not less than ten feet from either side lot line and eight feet from any building and not within the setback area of the front of said lot. Visitors permit may be renewed for an additional two-week period only upon the same terms and conditions.

 

9-704.  TRAILER CAMPS AND PARKS. Trailer camps and parks, as defined in Chapter VIII, Article XIII, may be established in commercial zones only and must be duly licensed and approved and constructed as hereinafter provided or as set forth in Chapter VIII.

 

9-705.  ENFORCEMENT. The Health Officer of the City of Lisbon together with the Chief of Police and the Chief of the Fire Department are hereby designated as the Board to enforce all of the provisions of this article. The City Auditor of the of the City of Lisbon shall be secretary for said Board.

 

ARTICLE VIII.

 

REGULATION OF ANHYDROUS AMMONIA

 

9-801.  DEFINITIONS.

 

For the purpose of this article:

 

  1. The term “vehicle” shall include any vehicle, trailer, or semitrailer propelled by mechanical, motor, or muscular power.

 

  1. Tank truck: Any motor vehicle used for the transportation of Anhydrous Ammonia, which for such purpose is provided with a tank or tanks mounted on the frame or chassis of such vehicle.

 

  1. Tank trailer: Any vehicle without its own motive power but drawn by a motor vehicle, used for the transportation of Anhydrous Ammonia, and which for such purpose is provided with a tank or tanks mounted thereon.

 

  1. Tank semitrailer: A vehicle of the trailer type having one or more axles and two or more wheels, so designed and used in conjunction with a motor-vehicle that some parts of its own weight and that of its own load rests upon or is carried by another vehicle; used for the transportation of Anhydrous Ammonia and for which purpose is provided with a tank or tanks mounted thereon.

 

  1. Anhydrous Ammonia tank: Any vehicle, tank truck, tank trailer, or tank semitrailer which can be used to store, haul or dispense Anhydrous Ammonia.

 

9-802.  TRANSPORTATION OF ANHYDROUS AMMONIA. The following approved routes shall pertain to any vehicle, tank, truck, tank trailer, tank semitrailer, or Anhydrous Ammonia tank, which is carrying Anhydrous Ammonia.

 

  1. Any vehicle, tank truck, tank trailer, tank semi-trailer and Anhydrous Ammonia tank which has been loaded or filled with Anhydrous Ammonia shall be allowed to traverse or be within the city limits, only upon the following approved routes:

 

  1. The storage site of the Farmers Union Oil Company on West Jackson Street.

 

  1. Jackson Street, State Highway No. 27, and State Highway No. 32.

 

  1. No Anhydrous Ammonia tank shall be parked or permitted to stand anywhere in the municipality, provided that the standing of such vehicle made necessary by mechanical trouble, necessary repair, traffic conditions, accident, or in obedience to the direction of a policeman or traffic signals shall not be considered a violation of this section.

 

  1. Except when on the storage site of the Farmers Union Oil Company on West Jackson Street, all Anhydrous Ammonia tanks shall be attended by some person or his agent responsible for the transportation of such tank.

 

9-803.  REGULATION OF VEHICLES.

 

  1. Every tank truck, tank trailer and tank semitrailer operated within the corporate limits of the city shall be in good repair, clean, and free from leaks.

 

  1. If a vehicle is required to be lighted pursuant to the applicable laws of the State of North Dakota, then every tank truck, tank trailer, and tank semitrailer operated within the corporate limits of the city shall be equipped only with electric lights, and lighting circuits shall have suitable over-currant protection with fuses and automatic circuit breakers, and the wiring shall have sufficient carrying capacity and mechanical strength and shall be suitably secured, insulated and protected against physical damage.

 

9-804.  REGULATION ON SALE AND STORAGE OF ANHYDROUS AMMONIA.

 

  1. It shall be unlawful to store, handle or offer for sale Anhydrous Ammonia within the City Limits, except at the present location of the Farmers Union Oil Company Anhydrous Ammonia storage tanks at West Jackson Street.

 

  1. It shall be unlawful to store, sell or dispense Anhydrous Ammonia on railroad cars which are located on rails within the city limits.

 

9-805.  POLICE POWERS DEFINED. This ordinance is declared to be an exercise of the police power directly affecting and designed to promote the peace, safety, public health and wellbeing of the people of this city.

 

ARTICLE IX

 

PENALTY

 

9-901.  SAVING CLAUSE. Should any section, paragraph, sentence, clause, or phrase of this chapter be declared unconstitutional or invalid for any reason, the remainder of said chapter shall not be affected thereby.

 

9-902.  INJURIOUS ACTS NOT EXPRESSLY FORBIDDEN. Every person who willfully and wrongfully commits any act which grossly injures the person or property of another, or which grossly disturbs the public peace or health, or which openly outrages public decency, and is injurious to public morals, although no punishment is expressly prescribed therefor by this compilation, is guilty of a misdemeanor.

 

9-903.  PENALTY FOR VIOLATION OF CHAPTER. Any person, firm or corporation violating any of the terms or provisions of this chapter, excepting Section 9-702, shall upon conviction be punished by a fine not to exceed one thousand dollars ($1,000.00), or imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment in the discretion of the court; the court to have power to suspend fine and imprisonment in the discretion of the court; the court to have power to suspend said sentence and to revoke the suspension thereof.

 

Any person violating section 9-702 pertaining to the parking of trailers and semi trailers shall have committed a non-criminal violation and shall pay a fee as follows:

 

First Offense                                                           $50.00

Second Offense within a year                                   75.00

Third & subsequent offenses within one year          100.00

 

(Ord. 2000-1); (Ord. 2003-4).

 

ARTICLE X

 

CLANDESTINE DRUG LABS AND CHEMICAL DUMP SITES.

 

SECTION 9-1001. GENERAL PROVISIONS.

 

(a)        Purpose and Intent.  The purpose of this Ordinance is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dumpsite may exist.  The City Council finds that such sites may contain suspected chemicals and residues that place people, particularly children or adults of child-bearing age, at risk when exposed through inhabiting or visiting the site, now and in the future.

 

(b)        Interpretation and Application.  In their interpretation and application, the provisions of this Ordinance shall be construed to protect the public health, safety and welfare.

 

Where the conditions imposed by any provision of this Ordinance are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

 

(c)        Fees.  Fees for the administration of this Ordinance may be established and amended periodically by resolution of the Lisbon City Council.

 

(d)        Definitions.  For the purposes of this Ordinance, the following terms or words shall be interpreted as follows:

 

  1. Child shall mean any person less than 18 years of age.

 

  1. Chemical dumpsite shall mean any place or area where chemicals or other waste material used in a clandestine drug lab have been located.

 

  1. Clandestine drug lab shall mean the unlawful manufacture or attempt to manufacture controlled substances.

 

  1. Clandestine drug lab site shall mean any place or area where law enforcement has determined that conditions associated with the operation of an unlawful clandestine drug lab exist. A clandestine drug lab site may include dwellings, accessory buildings, accessory structures, a chemical dumpsite or any land.

 

  1. Controlled substance shall mean a drug or substance, or the immediate precursor to said drug or substance, listed in Chapter 19-03.1 of the N.D.C.C. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.

 

  1. Household hazardous wastes shall mean waste generated from a clandestine drug lab. Such waste shall be treated, stored, transported, or disposed of in a manner consistent with the rules and regulations of the ND Department of Health.

 

  1. Manufacture, in places other than a pharmacy, shall mean and include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of drugs.

 

  1. Owner shall mean any person, firm or corporation who owns, in whole or in part, the land, buildings or structures associated with a clandestine drug lab site or chemical dumpsite.

 

  1. Public health nuisance. All dwellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are considered a public health nuisance.

 

(Ordinance 2004-9).

 

Section 9-1002.  Administration.

 

(a)        Law Enforcement Notice to Other Authorities.  Law enforcement authorities that identify conditions associated with a clandestine drug lab site or chemical dump site that places neighbors, visiting public, or present and future occupants of the dwelling at risk for exposure to harmful contaminants and other associated conditions must promptly notify the appropriate municipal, child protection and public health authorities of the property location, property owner, if known, and conditions found.

 

(b)        Declaration of Property as a Public Health Nuisance.  If law enforcement determines the existence of a clandestine drug lab site or chemical dumpsite, the property shall be declared a public health nuisance.

 

(c)        Notice of Public Health Nuisance to Concerned Parties.  Upon notification by law enforcement authorities, the City Health Officer or the City Code Administrator shall promptly issue a Notice of Sub-Standard Building for the affected property and post a copy of the Notice at the probable entrance to the dwelling or property.  Said official shall also notify the owner of the property by mail or personal service, as well as any occupants of the property, neighbors at probable risk, the Police Department, and the North Dakota Department of Health.

 

(d)        Property Owner’s Responsibility to Act.  The City Health Officer or City Code Administrator shall also issue an order to abate the public health nuisance, including the following:

 

  1. Immediately vacate those portions of the property, including building or structure interior, that may place the occupants or visitors at risk.

 

  1. Promptly contract with appropriate environmental testing and cleaning firms to conduct an on-site assessment, complete clean-up and remediation testing and follow-up testing, and determine that the property risks are sufficiently reduced to allow safe human occupancy of the dwelling. The property owner shall notify the City of actions taken and reach an agreement with the City on the clean-up schedule. The City shall consider practical limitations and the availability of contractors in approving the schedule for clean-up.

 

  1. Provide written documentation of the clean-up process, including a signed, written statement that the property is safe for human occupancy and that the clean-up was conducted in accordance with North Dakota Department of Health guidelines.

 

(e)        Property Owner’s Responsibility for Costs.  The property owner shall be responsible for all costs of vacation or cleanup of the site, including contractor’s fees and public costs for services that were performed in association with a clandestine drug lab site or chemical dump site cleanup. Public costs may include, but are not limited to:

 

  1. Posting of the site;

 

  1. Notification of affected parties;

 

  1. Expenses related to the recovery of costs, including the assessment process;

 

  1. Laboratory fees;

 

  1. Clean-up services;
  2. Administrative fees; and

 

  1. Other associated costs.

 

(f)         Recovery of Public Costs.

 

  1. If, after service of the Notice of Sub-Standard Building, the property owner fails to arrange for appropriate assessment and clean-up, the City Building Official is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.

 

  1. If the City is unable to locate the property owner within ten days of the Notice of Sub-Standard Building, the City is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.

 

  1. The City may abate the nuisance by removing the hazardous structure or building, or otherwise, according to City ordinances and State regulations.

 

  1. If the City abates the public health nuisance, in addition to any other legal remedy, the City shall be entitled to recover all costs plus an additional 25% of the costs for administration. The City may recover costs by civil action against the person or persons who own the property or by assessing such costs as a special assessment against the property in the manner as taxes and special assessments are certified and collected.

 

(g)        Authority to Modify or Remove Declaration of Public Health Nuisance.

 

  1. The City Health Officer or City Code Administrator are authorized to modify the conditions of the Notice or to remove the Notice of Sub-Standard Building.

 

  1. Such modifications or removal of the Notice shall only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancy of the dwelling. (Ordinance 2004-9).
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