Chapter 9 - Health

 CHAPTER NINE - HEALTH

 ARTICLE 1 - Board of Health

 9.0101 Members

The Board of Health shall be Aldermen and the county health officer or city physician; who shall have and exercise all powers under the law.  In the event no physician has been so appointed the chairman of the Health Committee will be the health officer.

9.0102 Regulations, Notice of

Notice shall be given by the board of health, pursuant to the laws of the State of North  Dakota, of all general orders and regulations made by such board, by publishing the same in the official newspaper within the jurisdiction of the board, which publication shall be deemed a legal notice to all persons.

ARTICLE 2 - Contagious Diseases

9.0201 Duty of Health Officer

He shall properly instruct the physicians within his jurisdiction in the proper methods to employ in reporting contagious and other diseases, and shall furnish each physician with the necessary blanks for that purpose, said blanks to be of the form prescribed by the State Board of Health.  He shall keep a record of all dangerous, contagious and infectious diseases occurring within his jurisdiction, which record shall show the name and address of the party affected, the name of the disease, by whom reported, and such other statistical data as may be required by the State Board of Health, and shall perform such other duties as may be prescribed by the laws of the State and the ordinances of the city.

9.0202  Report Required of Disease

Every physician called in to care for or treat a person afflicted with a contagious disease or any epidemic disease shall make a report of the same within 24 hours after being called in to the health office.  In case no physician is in attendance it shall be the duty of the person in charge or having the care of such person to make a report within 24 hours from the time the disease is recognized.

9.0203 Quarantine

The health officer shall have charge of the enforcement of the quarantine rules.  He shall have the power and the authority to place any premises within which a contagious or epidemic disease occurs under quarantine, and the health officer shall determine the time when the quarantine ends.

9.0204 Fumigation

Premises which have been quarantined in accordance with the terms of the preceding section shall be thoroughly fumigated or otherwise freed from all risk of contagious disease, under the supervision of the health officer before the quarantine shall end.

9.0205 Spreading Contagion

It shall be unlawful for an person to spread, willfully or carelessly, any contagious disease or to so cause the spread of the same.

9.0206 Deliveries to Quarantined Premises

No person engaged in the delivery of food or drink intended for human consumption shall enter any premises which are quarantined because of the existence of a contagious or epidemic disease.  No containers or bottles shall be removed from any such premises until the termination of the quarantine - and no such container which has been left at such premises during the quarantine shall be placed in use for carrying food or drink until it has been thoroughly sterilized.

ARTICLE 3 - Garbage, Dump, Refuse Collection

9.0301 City Dump Closure

As of the 1st day of September, 1974, no garbage, refuse, or similar material may be placed in or at the area now known as the City Dump or in any area within the corporate limits of the City of Lakota or on the city owned property adjacent to or in the vicinity of the present dump.

The City of Lakota will install and maintain a locked gate or barrier to prevent any unauthorized entrance to the landfill.

9.0302 Special Use

Access to the landfill area for the purpose of disposing or construction debris, trees, brush and similar material may be obtained subject to the provisions as set by the City Council.

9.0303 Fee - City Landfill

Any person using the landfill must pay such fees as may be set by the City Council.

9.0304 Accumulation of Refuse Prohibited

No person shall permit or suffer to accumulate in or about any yard, lot, place or premises; or upon any street or sidewalk adjacent to or abutting upon any lot, block or place, or premises owned or occupied by him, or for which he may be agent, within the city limits, any and all refuse, rubbish, and garbage, nor suffer such yard, lot, place or premises to remain in such condition.

9.0305 City Collection

All garbage, rubbish and refuse as defined herein shall be collected by the Commercial Hauler as frequently as is necessary to maintain and preserve the health and cleanliness standards promulgated by the State Department of Health and the City of Lakota except that this Article shall not require the collection of garbage, rubbish and refuse from any dwelling, business or establishment where street or alley conditions make it impossible to do so and such failure shall not relieve the occupant of the premises from liability for collection fees as hereinafter set forth.

9.0306 Open Burning

The open burning of all garbage, rubbish, refuse and any other materials including trees, leaves, grass or papers within the city limits is hereby expressly prohibited.

Open burning is defined as the burning of any matter in such a manner that the emissions created hereby do no meet State Air Pollution standards.

9.0307 Fees, Payment and Collection

In all single family residences where water service is provided the monthly charge set forth shall be added to and collected as the part of the water bill and collected by the utility department and shall be separately stated on the bill.  Garbage and rubbish collection bill shall be due and payable at the same time as the water bill either monthly or quarterly as the case may be.  If such charge is not paid when due the water service to such premises shall be shut off by the water department in the same manner as is now provided for in the case of delinquency in payment of water bills and such service shall not be restored without the payment of the penalties now provided for.

In all places where water service is not provided, the charges above set forth shall be paid to the water department of the city upon monthly bills from the water department.  If the garbage and rubbish charge so established is not paid when due such sum may be recovered by the city in an action at law against the owner or occupant or both of the property so service or be levied as taxes against said property.  The proceeds from the collection of the fees and charges shall be placed in the city's general fund and all of the expense of the city in the purchase maintenance of equipment and in the collection and disposal of garbage and rubbish shall be paid out of the general fund.

9.0308 Required Collection

No resident or business within the City of Lakota may refuse to accept garbage disposal service.

9.0309 Unlicensed Haulers

It shall be unlawful for any person or any agent or employee thereof to collect or transport or carry on or convey through, along or upon any public street, alley or sidewalk within the city, rubbish, ashes or any waste except such person as may be authorized, licensed or permitted to do so by the provisions of this article.  Nothing herein contained shall be construed as prohibiting the hauling of such wastes by authorized city employees or by persons from their own premises, not for hire or compensation; provided however, the wastes shall be hauled and disposed of in accordance with such regulations as may from time to time be issued by the city health officer.

9.0310 Regulations - Commercial Hauler

The city is hereby authorized from time to time to issue regulations governing the type of vehicle and equipment used, the hours of collection, sanitary provisions and such other regulations which the Council may deem necessary to regulate, enforce and carry out the provisions of the article in regard to the commercial haulers.

ARTICLE 4 - Minimum Housing Code

9.0401 Definitions

The following definition shall apply to the interpretation and enforcement of this article.

Owner shall mean any person who alone, jointly, or severally with others: (a) shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or (b) shall have charge, care, or control of any dwelling or dwelling unit, as owner or agent of owner, as an executor, executrix, administrator, administratrix, trustee, or guardian or the estate of the owner.  Any such person thus representing the actual owner shall be bound to comply with the provisions of this article, and of the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings":

            1. Those whose interior walls or other vertical structural members lean, list or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

            2. Those which, exclusive of the foundation, show thirty-three percent or more of damage or deterioration of the supporting member or members, or fifty percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.

            3. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the propose used.

            4. Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the city.

            5. Those which have become, or are, so dilapidated, decayed, unsafe or unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause or aggravate sickness or disease, so as to work injury to the health, morals, safety, or general welfare of those living therein.

            6. Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.

            7. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.

            8. Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

            9. Those which because of their condition are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this city.

            10. Those buildings existing in violation of any provision of the Building Code, Zoning Ordinances, any provision of the Fire Prevention Code or other ordinances of this city.

9.0402 Standards for Repair, Vacation or Demolition

The following standards shall be followed in substance by the City Council in ordering repair, vacation or demolition:

            1. If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired.

            2. If the "dangerous building" is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.

            3. In any case where a "dangerous building" is fifty per cent damaged, decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer be in violation of the terms of this article, it shall be demolished.  In all cases where a "dangerous building" is a fire hazard existing or erected in violation of the terms of this article or any ordinance of this city or statute of the state of North Dakota, it shall be demolished.

9.0403 Dangerous Buildings - Nuisances

All "dangerous buildings" within the terms of section 9.0401 are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.

9.0404 Inspection of Dwellings, Dwelling Units, Rooming Units and Premises

The city health officer is hereby authorized and directed to make inspections to determine the conditions of all dwellings, dwelling units, rooming units, and premises located within the city in order that he may perform his duty of safeguarding the health and safety of the occupants of such dwellings and of the general public.

For the purpose of making such inspections the city health officer is hereby authorized to enter, examine, and survey at reasonable times all dwellings, dwelling units, rooming units, and premises.

The owner or occupant of every dwelling, dwelling unit, rooming unit, or the person in charge thereof shall give the city health officer access to such dwelling, dwelling unit, rooming unit and its premise, at reasonable times for the purpose of inspection.

Each occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling, dwelling unit, or its premises, at reasonable times for the purposes of making such repairs and/or alternations as are necessary to effect compliance with the provisions of this or any lawful order issued pursuant to the provisions of this article.

9.0405 Duties of Building Inspector

The building inspector shall:

            1. Inspect or cause to be inspected semiannually, all public buildings, school, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist which render any of such places a "dangerous building" within the terms of section 9.0401 of this article.

            2. Inspect any building, wall, or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article.

            3. Inspect any building, wall or structure reported "as hereinafter provided for" by the fire or police departments of this city as probably existing in violation of the terms of this article.

            4. Notify in writing the owner, occupant, lessee, mortgagee, and all other persons having an interest in said building, as shown by the records in the office of the register of deeds of the county of Nelson, of any building found by him to be a "dangerous building" within the standards set forth in section 9.0401 of this article, that:  (a) the owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this article; (b) the owner or occupant must vacate said building or may have it repaired in accordance with the notice and remain in possession.  Provided, that any person notified under this subsection to repair, vacate or demolish any building, shall be given such reasonable time, not exceeding thirty days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.

            5. Set forth in the notice provide for in subsection 4 hereof a description of the building, or structure, deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building", and an order requiring the same to be put in such condition as to comply with the terms of this ordinance within such length of time, not exceeding thirty days, as is reasonable.

            6. Report to the City Council any non-compliance with the "notice" provided for in subsections 4 and 5 hereof.

            7. Appear at all hearings conducted by the City Council and testify as to the condition of "dangerous buildings".

            8. Place a notice on all "dangerous buildings" reading as follows:  "This building has been found to be a 'dangerous building' by the building inspector.  This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given the owner, occupant, lessee, or mortgagee of this building and all other persons having an interest in said building as shown by the records of the register of deeds of the county of Nelson.  It is unlawful to remove this notice until such notice is complied with."

9.0406 Duties of City Council

The City Council shall:

            1. Upon receipt of a report of the building inspector as provided for in section 9.0405 subsection 6, give written notice to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the records of the register of deeds of the county of Nelson to appear before it on the date specified in the notice to show cause why the building or structure reported to be a "dangerous building" should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the building inspector's notice provided for herein in section 9.0405 subsection 5.

            2. Hold a hearing and hear such testimony as the building inspector or the owner, occupant, mortgagee, lessee or any other person having an interest in said building as shown by the records of the register of deeds of the county of Nelson shall offer relative to the "dangerous building".

            3. Make written findings of fact from the testimony offered pursuant to subsection 2 as to whether or not the building in question is a "dangerous building" within the terms of section 9.0401.

            4. Issue an order based upon findings of fact made pursuant to subsection 3 hereof commanding the owner, occupant, mortgagee, lessee, and all other persons having an interest in said building as shown by the records of the register of deeds of the county of Nelson to repair, vacate, or demolish any building found to be a "dangerous building" within the terms of this article and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said "dangerous building". 

            5. If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection 4 hereof, within ten days, the City Council shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provide for in section 9.0402 of this article, and shall, with the assistance of the city attorney, cause the costs thereof to be assessed back against the property in the manner provided by law, or in the alternative, cause the costs of such repair, vacation or demolition to be recovered in a suit at law against the owner or other proper party.

            6. Report to the city attorney the names of all persons not complying with the order provided for in subsection 4 of this section.

9.0407 Owner Absent From the City

All notices or orders provided for herein shall be sent by registered mail to such owner, occupant, lessee or mortgagee, and all other persons having an interest in said building, to the last known address for each, and a copy of such notice shall be posted in a conspicuous place on the "dangerous building" to which it relates.  Such mailing and posting shall be deemed adequate service.

9.0408 Appeal

The City Council shall serve upon the owner, occupant, mortgagee, lessee, or all other persons having an interest in any such building so ordered repaired, vacated, or demolished a copy of its order, such notice to be served upon such owner, occupant, mortgagee, or lessee within ten days after the issuance of such order.  Such owner, occupant, mortgagee, or lessee shall thereafter have thirty days from the date of the service of such order upon him in which to appeal from such order to the District Court of Nelson County, North Dakota, or to take such other legal steps to enjoin the enforcement of such order as he may deem proper.

Any person desiring to appeal from any order issued by the City Council under and by virtue of this article shall file an undertaking in the sum of at least $500 to be approved by the city auditor and conditioned that the appellant will prosecute the appeal without delay and will pay all costs that may be adjudged against him in the District Court.  Such undertaking shall be payable to the City of Lakota.

9.0409 Rooming Houses

No person shall operate, or permit to be occupied, a rooming house which does not comply with the state rooming house requirements.

9.0410 Responsibility of Owners and Occupants

            1. Every owner of a dwelling or dwelling unit containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises.

            2. Every occupant of a dwelling or building shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls.

            3. Every occupant of a dwelling, or dwelling unit shall dispose of all rubbish in a clean and sanitary manner by placing it in the rubbish containers as required by city ordinance.

            4. No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary, fit for human habitation, and not in violation with this article.

            5. Every occupant of a dwelling or dwelling unit shall dispose of all garbage and any other organic waste which might be food for rodents, in a sanitary manner by placing it in the garbage disposal facilities or garbage storage containers as required by city ordinance.  It shall be the responsibility of the owner to supply such facilities or the garbage disposal facilities or garbage storage containers as required by city ordinance.  It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than two dwelling units and for all dwelling units located on the premises where more than two dwelling units share the same premises.  In all other cases, it shall be the responsibility of the occupants to furnish such facilities or containers.

9.0411 Duties of Occupants

It shall be the duty of every occupant of a dwelling to:

            1. Keep the dwelling unit and grounds pertaining to it in a clean and sanitary condition, free from fire hazards, free of rodents, household pests and vermin harborage.

            2. Keep all plumbing in reasonably good working order and free of obstruction.

            3. Provide sound and tight garbage, rubbish, and ash containers when the same are not supplied by the owner, and keep all containers by whomever supplied in a clean and sanitary condition.

            4. Comply with the requirements of this article when the duties mentioned therein falls on the occupant.

            5. Comply with the occupancy for overcrowding requirements and limitations of this article.

9.0412 Applicability of the City Building Code.

Whenever the provisions of this article require the construction, installation, alteration, repair of a dwelling or dwelling unit, or its facilities, utilities or equipment, the required work shall be done in full compliance with the applicable provisions of the City Building Code.

9.0413 Substandard Buildings or Dwelling Units, Nuisance

Any buildings or dwelling units which violate the terms of this article are hereby declared a public nuisance and dangerous to public health shall be repaired, vacated, demolished, or said violations discontinued as hereinbefore and hereinafter provided.

9.0414 Enforcement Service of Notice and Order, and the City Health Officer's Duties

Whenever the city health officer determines there has been a violation of any provisions of this article, he shall notify in writing the owner, occupant, lessee, mortgagee, and all other persons having an interest in said building or dwelling as shown by the records of the register of deeds of Nelson County, and any dwelling, dwelling unit or building found by him to be substandard as set forth in this article, and the building shall bear the following notice:

"This building has been found to be a 'substandard building' by the city health officer  This notice and order is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice and order which has been given to the owner, occupant, lessee, or mortgagee of this building and all other persons having an interest in said building as shown by the records of the register of deeds of Nelson County.  It is unlawful to remove this notice and order until such notice and order is complied with."

9.0415 Duties of City Attorney

The city attorney shall:

            1. Prosecute all persons failing to comply with the terms of the notice and order provide for herein in Article 4 Section 9.0405 and findings of fact order provided for in Article 4 Section 9.0406.

            2. Appear at all hearings before the Board in regard to "substandard buildings".

            3. Take such other legal action as is necessary to carry out the terms and provisions of this article.

9.0416 Penalties

The violation of any of the provisions of this Ordinance shall be punishable as provided in City Ordinance 2.0110.  Each and every violation of the provisions of this Ordinance shall constitute a separate offense.

9.0417 Unconstitutionality Clause

Should any section, paragraph, sentence, clause, or phrase of this article be delayed unconstitutional or invalid for any reason, the remainder of this article shall not be affected thereby.

This is a suggestion as to the warning sign that should be printed in red:                                   

WARNING

Whereas it has been determined by Appropriate Inspection that the Dwelling or Building to which this notice is attached, does not comply with Ordinance _________ of the City of Lakota all persons are hereby warned that it is unlawful to rent, lease, let, occupy or permit the use or occupancy of this dwelling or building, for dwelling purposes or as a place of employment for human beings, or to remove or molest this notice.

 

__________________________ City Health Officer

 

__________________________ North Dakota