City Code: 1060:0

Section 1060 - Unwholesome Trades; Slaughter Houses

Section 1060:00. Nuisance Prohibited; Notice. If any person or persons within the corporate limits of this municipality shall permit or suffer on his, her or their premises on which he, she or they may be the occupants, either by exercising any slaughter houses, or hog, cattle or sheep pen, market, grocery, cellar, tallow chandler shop, soap factory, tanning, stable, barn or other unwholesome or offensive trade or calling, or by permitting any privy building, sewer or other thing whatsoever to remain on the premises of which he, she or they are the owner, occupant or occupants until by offensive and ill stenches or otherwise they or any of them shall become unwholesome, offensive, nauseous, hurtful or dangerous to the neighborhood or travelers, or shall suffer or permit any filth or cause of sickness to accumulate upon such premises, it shall be the duty of the Police Department to give notice to such person or persons to remove such nuisance forthwith and if the owner or owners, occupants or occupant of the premises on which such nuisance shall be situated shall neglect or refuse to remove the same for the space of twenty-four (24) hours after such notice shall have been given, he, she or they, on conviction thereof, shall be liable to pay a fine not exceeding one hundred dollars ($100) for each day he, she or they shall have permitted such nuisance to remain after notice thereof.

Section 1060:05. Abatement; Penalty. If any person or persons shall, after notice as aforesaid, permit any such nuisance to remain which shall be dangerous or offensive or hurtful, it shall be lawful for the Police Department to remove and abate such nuisance and the person or persons permitting such nuisance to remain as last aforesaid shall, on conviction thereof, be liable to pay a fine not exceeding three hundred dollars ($300) and the expense of removing such nuisance, provided that the Council may, at the time of the abatement of any such nuisance or at any time thereafter, direct an assessment to be made on the lot or lots or land from which such nuisance shall have been removed sufficient in amount to pay all the expenses of removing the same and when such assessment shall have been levied and collected it shall be a bar to the recovery of the same by any proceeding before any court having jurisdiction, but shall not prevent the recovery of any fine under this ordinance to which any person or persons may have become liable for creating such nuisance or suffering the same to remain after notice as aforesaid.

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