Chapter 12 HEALTH AND SANITATION*
ARTICLE II. HYGIENE OF HOUSING*
Sec. 12-35. Dangerous, etc., buildings.
Whenever any dwelling or any building, structure, excavation, business
pursuit, matter, condition or thing in or about a dwelling or the lot on which
it is situated, or the plumbing, sewerage, drainage, light or ventilation
thereof is found by the committee to be dangerous or detrimental to life or
health or to constitute a nuisance the committee may order that the matter,
condition or thing be removed, abated, suspended, altered or otherwise improved,
as its order shall specify. If any such order of the committee issued under the
authority of the provisions of this section, is not complied with within ten
days after the service thereof, or within such shorter time as it may designate
as being necessary under the circumstances, then such order may be executed by
the committee through its officers, agents, employees or contractors, and the
expense incurred incident to such order shall be paid by the owner of such
property, and until so paid shall be a lien upon the realty and recoverable as
other liens on realty in the city, or it may order the premises vacated;
provided, that when, in the opinion of the committee, such matter, condition or
thing is a nuisance which constitutes an actual menace to health, it shall
proceed forthwith to cause such nuisance to be abated. In no case shall a lien
attach to the property unless a notice, as hereinbefore provided, has been
issued.
Before proceeding to execute such order, the committee shall post a
notice on the front of the building, stating that since such order was not
complied with within the time mentioned in the notice, the committee will
proceed to execute the same at the expiration of an additional five days and
charge the cost thereof to the owner of the premises. A copy of such notice
shall be sent to the owner of the property, or his agent, if names and
addresses, on diligent search, can be ascertained, and such notice shall be
posted on such premises at least five days before the committee proceeds to
incur expenses, unless the condition is of such a character requiring immediate
action, in which case the time of the notice shall be such as, in the judgment
of the committee, is reasonable and proper. The committee shall deliver a copy
of such expenses to the city treasurer, who shall record or file the same in a
book or file open to public inspection. (Code 1953, § 8.32.)
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