Chapter 8.16
DISEASE CONTROL
Sections:
Article I. General Provisions – Nuisances
8.16.010 Duty of Health Officer.
8.16.020 Resisting Health Officer unlawful.
8.16.030 Abatement of nuisances.
8.16.040 Notification of nuisance.
8.16.050 Recovery of cost of abatement.
Article II. Mosquitoes and Flies
8.16.060 Breeding places are public nuisances.
8.16.080 Order of abatement not prerequisite to prosecution.
Article I. General Provisions – Nuisances
8.16.010 Duty of Health Officer.
It shall be the duty of the Health Officer, under the direction and control of the City Council, to enforce all laws, ordinances, and rules and regulations relating to the public health, prevention of sickness, nuisances or sanitation within the City. (Ord. 29 § 1, 1981; CC § 64.101)
8.16.020 Resisting Health Officer unlawful.
It is unlawful for any person to resist or attempt to resist the entrance of the Health Officer into any railroad car, stage, vehicle, building, room, lot or other place in the City in performance of his duty, or to refuse to obey any lawful order of the Health Officer when made in performance of his duties or within the powers conferred by this chapter or by law. (Ord. 29 § 1, 1981; CC § 64.102)
8.16.030 Abatement of nuisances.
It shall be the duty of the Health Officer or his authorized agent, when necessary to secure the public health, to enter upon the premises or in the house or other place of any person to discover or inspect any nuisance that may there exist, to inspect drains, vaults, cellars, cesspools, water closets, privies, or sewers, or the yards of such premises, to examine into their condition, and when satisfied that any such premises, house or place used for lodging or other purposes are improperly constructed or liable from overcrowding or filth to become dangerous to the public health, or to disseminate contagious or infectious disease, or are not provided with privies, water closets or with sewers, drains or cesspools properly tapped, they or any of them shall serve a written notice upon the owner or other person in charge of such premises, to remove the nuisance therein named and if such owner or other person in charge neglects to obey such notice, the Health Officer or his authorized agent shall, if deemed necessary, forthwith report the same to the City Attorney, who shall take the necessary steps to have the same abated. (Ord. 29 § 1, 1981; CC § 64.104)
8.16.040 Notification of nuisance.
Whenever a nuisance endangering, in the opinion of the Health Officer, the public health shall be ascertained to exist on any premises, or in any house or other place in the City, the Health Officer shall notify in writing any person or persons owning or having control of, or acting as agent for, such premises, house, or other place, to abate or remove such nuisance within a reasonable time, to be stated in such notice. (Ord. 29 § 1, 1981; CC § 64.105)
8.16.050 Recovery of cost of abatement.
Upon the neglect or refusal of any owner, occupant or agent, or other person having control of such house, or other place to comply with such notice, the Health Officer may abate such nuisance, and the owner, agent, or occupant, or other person having control of such house, or place, in addition to the penalty provided by this chapter, shall be liable to the City for the cost of such abatement, to be recovered in a civil action in any court of competent jurisdiction. (Ord. 29 § 1, 1981; CC § 64.106)
Article II. Mosquitoes and Flies
8.16.060 Breeding places are public nuisances.
In the City any breeding place of mosquitoes is a public nuisance. (Ord. 29 § 1, 1981; CC § 64.201)
8.16.070 Abatement.
Such nuisance may be abated by the Director of Public Health in any manner permitted by law, or by any proceeding or remedy provided by law. (Ord. 29 § 1, 1981; CC § 64.203)
8.16.080 Order of abatement not prerequisite to prosecution.
The issuance of an order to abate shall not be a prerequisite to nor shall the fact that such order of abatement shall have been issued preclude or stay any prosecution pursuant to the provisions of this article. (Ord. 29 § 1, 1981; CC § 64.204)
8.16.090 Violation – Penalty.
Any person who creates, allows, suffers or maintains a public nuisance as defined by PMC 8.16.060 is guilty of a public nuisance as provided in PMC 1.08.010. (Ord. 29 § 1, 1981; CC § 64.202)