§ 2.36.100. Nuisances designated—Abatement authority.

A.

No person shall commit or maintain a nuisance, as defined by statutory law, common law or equity, and no person shall allow such a nuisance to exist or be created in respect of any matter, thing, chattel or premises which he owns or controls. It shall be the duty of the chief medical director to inspect or cause to be inspected all lots, grounds, suspected cellars, premises, possession, streets, lanes and alleys within the metropolitan government area; and whenever he shall be of the opinion that any of such lots, grounds, suspected cellars, premises, possessions, street, lanes or alleys are in a state of nuisance or in such a condition that the existence of a nuisance thereon or therein is imminent and the health of the citizens endangered, he shall notify or cause to be notified, the owner or occupier of such lots, grounds, suspected cellars, premises or possessions, and the owner or occupier of the property fronting on such streets, lanes or alleys, or his agents, shall have such nuisance or the cause of such nuisance removed and abated within a reasonable time prescribed in such written notice; and if the owner or occupier or his agents shall neglect or refuse to comply with the terms of such notice, the chief medical director, upon the expiration of the terms set out in the notice, is hereby empowered to remove such nuisance or cause of such nuisance, utilizing either the services of some agency of the metropolitan government or of some private agency, at the expense of such owner or occupier, their liability being joint and several.

B.

The cost of removing such nuisance or the cause of such nuisance may be recovered by the chief medical director, in the name of the metropolitan government, from the owner or occupier, by suit if necessary. The chief medical director may cause the amount of the bill for removing such nuisance to be certified to the metropolitan trustee, and the same shall constitute a lien upon the property for which the expenditure is made, which lien may be enforced by suit in the chancery court, as are other similar liens.

C.

In addition thereto, such owner or occupier, who shall neglect and refuse to comply with the terms and conditions of such notice, shall be guilty of a violation of this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72.

D.

In the event that such owner or occupier should feel aggrieved at any decision of the chief medical director in this regard, such aggrieved party shall, within seventy-two hours from receipt of the written notice for the abatement of the nuisance, file at the office of the board of health a written request for a hearing by the board, which request may be informal and need not set out the contentions of the aggrieved party. The board of health shall promptly hold a hearing to review the action of the chief medical director in this regard, and may affirm, amend or set aside such action. No implementation of the order of the chief medical director for the abatement of the nuisance shall be effected pending any hearing by the board of health.

E.

Whenever any person shall be in actual possession of or have the charge, care or control of any property within the metropolitan government area, as executor, executrix, administrator, administratrix, trustee, guardian, agent or conservator, such person shall be deemed and taken to be the owner or owners of such property within the true intent and meaning of this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72, and shall be bound to remove all nuisances from such property in the same manner and under the same penalties as if such person were actually the owner of such property, and notice to any such person of any order of the chief medical director shall be deemed and taken to be as good and sufficient notice as if such person were actually the owner of such property.

F.

None of the remedies for the abatement of nuisances set out in this section shall be deemed to be exclusive, precluding the department of health from seeking an injunction in equity.

G.

In determining a reasonable time to abate nuisances as set forth in subsections A through E of this section, the department of health shall give the property owner or occupier at least ten days to abate the nuisance, unless the nuisance poses an immediate serious threat to the health of the inhabitants of the property or surrounding property. "Immediate threat" shall be defined as a condition that will or is likely to cause serious physical injury to humans or animals.

(Prior code § 20-1-8)