No person shall lease, let, permit the occupancy of, permit the continuation of the occupancy of, or continue the occupancy of, any structure or building, or any portion thereof, used for human habitation, unless such structure or building or portion thereof is free from unclean and unsanitary conditions, as defined in the subsequent sections of this chapter, and unless the provisions of such subsequent sections are complied with.

(Ord. 1983-35. Passed 4-11-84.)

   (a)   Any structure or building, or any portion thereof, used for human habitation shall be deemed to be in an unclean and unsanitary condition by reason of any portion of such building being infected with a communicable disease, by reason of the absence thereon of toilet facilities as required by law or ordinance, or by reason of the known presence of sewer gas therein or thereon.

   (b)   Any structure or building, or any portion thereof, used for human habitation shall be deemed to be in an unclean and unsanitary condition when it is unfit for human habitation or in a condition dangerous or harmful to the lives or health of the occupants by reason of the inhabited portion of the house being damp or wet, or by reason of such lack of repair, such accumulation of dirt, filth, litter, refuse or other offensive or dangerous substances or liquids, such defects in or lack of repair or improper use of the drainage, plumbing or ventilation, or the existence on the premises of such a nuisance or other condition, as is likely to cause sickness among the occupants. Any structure or building, or any portion thereof, used for human habitation, which is in such unclean or unsanitary condition is hereby declared to constitute a public nuisance.

(Ord. 1983-35. Passed 4-11-84.)

   (a)   Whenever the Board of Health of the County ascertains, from examination or reports of its inspectors or sanitary officers or otherwise, that a public nuisance exists, as defined herein, in or upon any structure or building, or portion thereof, and is of the opinion that such nuisance is capable of being abated without immediate vacation of the premises or such portion thereof, and serves notice upon the owner of such house, or his or her lessee or agent, or the person in possession, charge or control thereof, directing him or her to abate such nuisance and remove the unclean or unsanitary conditions within such reasonable time as may be fixed by the Board and specified in the notice, it shall then be the duty of such owner, agent or person to abate such nuisance within such time. Whenever such abatement does not take place within such time, or whenever, in the opinion of the Board, such abatement is impossible or impracticable without an immediate vacation of the house or portion thereof, and the Board serves notice upon the owner, lessee, agent or person in possession, charge or control thereof to vacate or cause the vacation of such house or portion thereof designated in the notice, then it shall be the duty of such owner, lessee, agent or person to vacate or cause the vacation of such house or portion thereof within twenty days time, but not less than twenty-four hours in any case, as may be specified in the notice.

   (b)   Whenever, either in addition to or without the service of such notices on the owner, lessee, agent or person in possession, charge or control of such house, or any part thereof, the Board is of the opinion that such nuisance can be abated by a tenant or other occupant of such house, or portion thereof, and such notices, either for abatement of the nuisance or for vacation of the premises, are served upon such tenant or other occupant, then it shall be the duty of such tenant or other occupant to comply with the terms of such notices and to abate the nuisance or vacate the premises accordingly. After any such notice of vacation it shall be unlawful to occupy or permit the occupancy of such premises, or portion thereof, except as otherwise provided herein, until such nuisance shall have been completely abated and such building, or portion thereof, shall have been rendered clean and sanitary in accordance with the terms of such notices of the Board of Health.

   (c)   When there is no owner, agent, lessee or person in charge, possession or control of such house, or part thereof, who is a resident or who can be served in the Village, then personal service outside of the Village on any such owner, agent, lessee or person in charge, possession or control by anyone delegated by the Board of Health to make such service, or by registered letter, or if the address of the owner, lessee, agent or person in possession, charge or control is unknown, or service is not secured by registered letter after effort to do so, then by notice by publication once a week for two consecutive weeks in any newspaper of general circulation in the Village, or by posting or attaching to or on the outside of such structure or building of a copy of the notice or order consecutively for two weeks, shall have the same effect as service within the Village.

(Ord. 1983-35. Passed 4-11-84.)

   When a notice of vacation follows a notice of abatement, as provided herein, such notice of vacation shall not be enforced as provided in this chapter, unless such notice of abatement specified a time when the person so notified may appear before the Board issuing the same to show cause why such notice of vacation should not be issued, and unless the Board or a majority thereof is present at its office at the time so specified, such time to be not less than twenty-four hours after the service of the notice. When the notice of vacation is issued as provided herein without a previous notice of abatement, such notice of vacation shall not be enforced as provided in this chapter unless it specifies a time, not less than five days after the service thereof, when the person so notified may appear before the Board issuing the same to show cause why such notice should not be enforced, and such Board or a majority thereof is present at its office at the time so specified, provided, however, that when, in the opinion of at least four-fifths of the members of such Board, an emergency exists which requires, for the protection of the health of occupants, the vacation of the building, or portion thereof, without a delay of five days, then no such fixing of a time for hearing shall be required.

(Ord. 1983-35. Passed 4-11-84.)

   Whenever such procedure, in the opinion of the Board of Health, is desirable or necessary, the Board of Health may affix conspicuously on the structure or building, or part thereof, the notice of vacation.

(Ord. 1983-35. Passed 4-11-84.)

   When the notice of vacation has not been complied with, and the Board of Health certifies such fact to the Police Chief of the Village, together with a copy of the notice, it shall be the duty of the Police Chief to enforce such notice of vacation and to cause the premises to be vacated in accordance with the terms of such notice.

(Ord. 1983-35. Passed 4-11-84.)

   When the Board of Health shall certify to the Village Solicitor any failure to comply with any such notice of vacation, with the request that civil proceedings for the enforcement thereof be instituted, the Solicitor shall institute any and all proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of such notice and the abatement of the nuisance against which such notice was directed. Such suits or proceedings shall be brought in the name of the Village. Proceedings under this section shall not relieve any party defendant from criminal prosecution or punishment under this chapter or any other criminal law or ordinance in force within the Village.

(Ord. 1983-35. Passed 4-11-84.)

   No person, being the owner, occupant or person in charge of any premises so situated as to permit a connection with any sanitary sewer, shall maintain or permit to be maintained on or in connection with such premises, any privy vault, cesspool, septic tank or other repository for human excreta.

(Ord. 1983-35. Passed 4-11-84.)

   No person, being the owner, lessor, occupant or person in charge of any premises upon which a privy vault, cesspool or septic tank is located, shall permit such vault, pool or tank, or any building fixture or device appurtenant thereto, to become foul, noisome, filthy or offensive to neighboring property owners.

(Ord. 1983-35. Passed 4-11-84.)

   Whenever any part of the waste in any privy vault or cesspool extends to a point less than two feet below the surface of the ground adjacent thereto, or whenever use of any such vault or cesspool is abandoned or such use or maintenance is prohibited by ordinance or health order, the owner, lessor, occupant or person in charge of such premises shall cause such vault or cesspool to be emptied of its contents, thoroughly cleaned, disinfected and, if abandoned, filled with clean earth or mineral matter to the level of the adjacent ground.

(Ord. 1983-35. Passed 4-11-84.)

   No person shall put the carcass of a dead animal, offal, the contents of a privy vault or other putrid substance upon or into a lake, river, creek, pond, road, street, alley, lot, field, meadow, public ground, market place or common, or, being the owner or occupant of such place, knowingly permit such thing to remain therein to the annoyance of any person, or neglect to remove or abate the nuisance occasioned thereby within twenty-four hours after knowledge of the existence thereof, or after notice thereof in writing from the Mayor.

(Ord. 1983-35. Passed 4-11-84.)

   No person shall drain, cause to be drained or allow to drain from any property occupied by him or her, any kitchen slops or other greasy or impure matter in the open gutters or waterways in the Village, unless such matter has been drained into a vault and filtered through a lessor vault filled with sand and fine gravel, built under the inspection of the County Board of Health.

(Ord. 1983-35. Passed 4-11-84.)

   (a)   The enclosure of horses, cows, pigs and similar domestic animals within close proximity to water sources and structures used for human habitation constitutes a public nuisance and a menace to the public health, safety and general welfare in that such enclosures tend to disseminate contaminated wastes and encourage the spread of disease throughout the community.

   (b)   It is hereby declared to constitute a nuisance and shall be unlawful for any person to maintain, or permit to be maintained, on property of which he or she is the owner, any enclosure in which horses, cows, pigs and similar domestic animals are kept, which enclosure is within 100 feet of any structure used for human habitation or any well, cistern or other source of water used for human drinking or cooking.

   (c)   For the purpose of this section, "domestic animals" shall include, in addition to those animals referred to, all animals ordinarily denoted by such term, except ordinary house pets when kept as house pets.

(Ord. 1983-35. Passed 4-11-84.)

   (a)   No dwelling shall be constructed or occupied unless reasonable provision is made for a dependable pure water supply from a drilled well, cistern, spring or public water supply in accordance with the regulations of the County Board of Health.

   (b)   In the absence of a sanitary sewer, sewage shall be disposed of in a manner to prevent nuisance and contamination of water supply and shall discharge through a water-tight sewer into a septic tank constructed water-tight in accordance with the regulations of the County Board of Health, and such provision shall be made prior to occupancy of the premises.

(Ord. 1983-35. Passed 4-11-84.)