(1) Removal of nuisances. The county or district board
of health shall examine all nuisances, sources of filth, and causes of sickness,
which, in its opinion, may be injurious to the health of the inhabitants, within its
town, city, county, city and county, or district, and it shall destroy, remove, or
prevent the nuisance, source of filth, or cause of sickness, as the case may require.
(2) Unhealthy premises cleaned - structures removed. If any cellar, vault,
lot, sewer, drain, place, or premises within any city is damp, unwholesome,
offensive, or filthy, or is covered for any portion of the year with stagnant or impure
water, or is in a condition as to produce unwholesome or offensive exhalations, the
county or district board of health may cause the area to be drained, filled up,
cleaned, amended, or purified; or may require the owner or occupant or person in
charge of the lot, premises, or place to perform such duty; or may cause the
removal to be done by the proper officers of the city.
(3) Expense for abating nuisance. If any person or company neglects to
remove or abate any nuisance or to perform any requirement made by or in
accordance with any ordinance or resolution of the county or district board of
health for the protection of the health of the inhabitants and if any expense is
incurred by the board in removing or abating the nuisance or in causing such duty or
requirement to be performed, such expense may be recovered by the board in an
action against such person or company. In all cases where the board incurs any
expense for draining, filling, cleaning, or purifying any lot, place, or premises, or for
removing or abating any nuisance found upon such lot or premises, the board, in
addition to all other remedies, may provide for the recovery of such expense,
charge the same or such part thereof as it deems proper to the lot or premises upon
or on account of which such expense was incurred or from which such nuisance was
removed or abated, and cause the same to be assessed upon such lot or premises
and collected as a special assessment.
(4) Removal of nuisance on private property - penalty. Whenever any
nuisance, source of filth, or cause of sickness is found on private property, the
county or district board of health shall order the owner or occupant or the person
who has caused or permitted such nuisance, at his or her own expense, to remove
the same within twenty-four hours. In default thereof, he or she shall forfeit a sum
not to exceed one hundred dollars at the suit of the board of county commissioners
of the proper county or the board of the proper city, town, or village for the use of
the county or district board of health of the city or town where the nuisance is
found.
(5) Board to remove - when. If the owner or occupant does not comply with
an order of the county or district board of health, the board may cause the nuisance,
source of filth, or cause of sickness to be removed, and all expense incurred
thereby shall be paid by the owner or occupant or by such other person who has
caused or permitted the nuisance, source of filth, or cause of sickness.
(6) Conviction - nuisance to be abated. Whenever any person is convicted of
maintaining a nuisance that may be injurious to the public health, the court, in its
discretion, may order the nuisance abated, removed, or destroyed at the expense of
the defendant under the direction of the county or district board of health of the
town, city, county, or district where the nuisance is found, and the form of the
warrant to the sheriff or other officer may be varied accordingly.
(7) Stay warrant of conviction. The court, on the application of the
defendant, may order a stay of a warrant issued pursuant to subsection (6) of this
section for such time as may be necessary, not exceeding six months, to give the
defendant an opportunity to remove the nuisance upon giving satisfactory security
to do so within the time specified in the order.
(8) Expense of abating. The expense of abating and removing the nuisance
pursuant to a warrant issued pursuant to subsection (6) of this section shall be
collected by the officer in the same manner as damages and costs are collected
upon execution; except that the materials of any buildings, fences, or other things
that may be removed as a nuisance may be sold by the officer in like manner as
goods are sold on execution for the payment of debts. The officer may apply the
proceeds of the sale to defray the expenses of the removal and shall pay over the
balance thereof, if any, to the defendant upon demand. If the proceeds of the sale
are not sufficient to defray the expenses incurred pursuant to this subsection (8),
the sheriff shall collect the residue thereof as provided in subsection (3) of this
section.
(9) Refusal of admittance to premises. (a) Whenever a county or district
board of health finds it necessary for the preservation of the lives or health of the
inhabitants to enter any building, car, or train of cars in its town, city, county, or
district for the purpose of examining and abating, removing, or preventing any
nuisance, source of filth, or cause of sickness and is refused entry, any member of
the board may make complaint under oath to the county court of his or her county
stating the facts of the case as far as he or she has knowledge thereof.
(b) The court may thereupon issue a warrant directed to the sheriff
commanding him or her to take sufficient aid and, being accompanied by any two or
more members of the county or district board of health, during daylight hours, to
return to the place where the nuisance, source of filth, or cause of sickness
complained of may be and destroy, remove, or prevent the nuisance, source of filth,
cause of sickness, or danger to life or limb under the direction of the members of
the board of health.
(10) Damages occasioned by nuisance - action. Any person injured either in
his or her comfort or in the enjoyment of his or her estate by any nuisance may have
an action for damages sustained thereby.