HomeMy Public PortalAboutOrd. 109 - Defining Nuisances-Privy Vaults, Cesspools _ e, 5
OHDINAN CE N O. 109.
AN ORDINANCE DEFINING NUISANCES; DEFINING AUTHOR OF
NUISANCES; PRESCRIBING NOTICE TO EBATE NUISANCE; PROVIDING
FOR THE DISCONTINUANCE OF PRIVY VAULTS AND CESSPOOLS; AND
PRESCRIBING THE PENALTY . OR VIOLATIONS.
BE IT WIl INED BY 'i'Ilra uHAIBLIAN AND BOARD OF TRUSTEES
OF THE VILLAGE OF IiicCALL, VALLEY UOUNTY, IDAHO:
Section 1, NUISANCES :DEFINED. ?'lhatever is dangerous
to human life or health and whatever renders soil, air, water
or food impure or unwholesome, are declared to be nuisances y� � ,
and to be illegal. rit shall be unlawful for any person, either
as owner, agent or occupant, to create or aid in creating or
contributing to, or to maintain a nuisance.
It shall be unlawful for any person to throw or cast,
or having thrown or cast, to allow to remain upon or in. any 5'
street, road, ditch, gutter, public place, private premises,
vacant lot , water course, lake, spring or well any house refuse,
offal, garbage, dead animals, decaying vegetable matter, or
organic waste substance of any kind .
Section 2. "AUTHOR OF NUISANCE" DEFINED. "here a
nuisance exists upon property, and is the outgrowth of the
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usual, natural or necessary use of the property, the landlord 5 I
thereof, or his agent, the tenant, or his agent, and all other
persons having control of the property on which such nuisance
exists, shall be deemed to be the authors thereof, and shall
be equally liable therefor but where any such nuisance shall
arise from the unusual or unnecessary use to which such property
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may be put, or from business use to which such property may be
put, or from business thereon conducted , then the occupants,
and all other persons contributing to the continuance of such
nuisance, shall be deemed the authors thereof.
Section J. NOTICE '1'O ABATE NUISLNCE. In order to
carry out the provisions of this ordinance, the Board of
Trustees may cause a notice, in writing, signed by the Chair—
man and Clerk of said Board, to be served upon the owner,
occupant or agent of any lot, building or premises in or upon
which any nuisance may be found, or upon him who may be the
cause of such nuisance, requiring him to abate the same in
such manner as the Board of Trustees may direct and within such
time as may be fixed in said notice; and failure to give a
notice, es provided herein, shall not relieve the author
of any such nuisance from the obligation to abate such nuisance
or from the penalty provided for the maintainance thereof.
Section 4. DISCO TINUANC ' OF PRIVY VAULTS AND CESS—
POOLS. It shall be unlawful for the owner or owners of any
property within this Village, or his, her or their agent or
agents, or other person or persons having charge of or occupy—
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ing such property, said property being located upon any street,
alley, court passageway or area , and within 100 feet of a
sewer along any street or alley of this Village, to neglect or
refuse, for the period of 14 days after notice from the
Board of Trustees in writing, signed by the Chairmen and Clerk
of this Village, to discontinue the use of, clean out, disinfect
and fill up all privy vaults and cesspools on such property, or
neglect or refuse for such period after such notice to remove the
seat or seats from all outside closets on such property.
Section 5. Any person, firm, corporation or
association violating this ordinance, or any part or portion 3 04.
of the same, shall be guilty of a misdemeanor and upon
conviction shall be fined in a sum not less than $25.00,
nor more than $100.00,. •
Passed and approved this 7'day of i 7L. l9i9.
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- Attest :
Chairman•
„ ,f142
Clerk.
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