18.08   HUMAN HEALTH HAZARD/PUBLIC NUISANCE

a.  Human Health Hazard/Public Health Nuisances prohibited: No person shall erect, construct, cause, continue, maintain, or permit any human health hazard/public health nuisance within the Village.  Any person who shall in any way, aid, or contribute to the causing, creating, or maintenance thereof shall be guilty of a violation of this ordinance, and shall be liable for all costs and expenses attendant upon the removal and correction of such human hazard/public nuisance and to the penalty provided in section 1.11 of this ordinance.

b.  Responsibility of Property Owner: It shall be the responsibility of the property owner to maintain such owner’s property in a hazard-free manner and also to be responsible for the abatement and/or correction of any human health hazard/public nuisance that has been determined to exist on their property.

c.  Human Health Hazard Enumerated: Specifically, but not limited by enumeration, the following are human health hazards if determined to meet the Human Health Hazard definition.

1.  Unburied Carcasses. Carcasses of animals, birds, or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death.

2.  Manure. Accumulations of the bodily waste of all domestic animals and fowl that are handled, stored, or disposed of in a manner that creates a human health hazard.

3.  Air Pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gasses, fly ash, or industrial dust in such quantities as to endanger the health of persons of ordinary sensibilities or threaten or cause substantial injury to property within the Village.

4.  Noxious Odors. Any use of property, substances, or things within the Village emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia, or stenches extremely repulsive to the physical senses of ordinary persons that annoy, discomfort, injure, or inconvenience the health of persons within the Village.

5.  Solid Waste. Any solid waste, which is stored or disposed of in a manner which may pose a human health hazard.

6.  Vermin/Insects. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed. Also, all stagnant water in which mosquitoes, flies, or other insects can multiply as well as garbage cans that are not fly tight.

7.  Toxic and Hazardous Material. Any chemical and/or biological material that is stored, used, or disposed of in such quantity or manner that it is, or has, the potential to create a human health hazard.

8.  Waste Water. The presence of waste water or sewage effluent from buildings on the ground surface, backing up into the building and/or running into a surface water body caused by a damaged, malfunctioning, improperly constructed, or inadequately maintained private sewage system or private sewage lateral.  Also, any waste water or sewage effluent that is not handled and disposed of in compliance with all applicable, Village and State codes.

9.  Holes or Openings. All abandoned wells or openings in the ground not securely covered or secured from public access and use.

10.  Nonfunctional Public Building Fixtures. Nonfunctioning water supply systems, toilets, urinals, lavatories, or other fixtures considered necessary to insure a sanitary condition in a public building.

11.  Food Conditions. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.

12.  Animals. Wild animals or wild animal hybrids kept as domestic pets within the Village limits.

13.  Other. Any other substance, activity or condition determined to meet the definition of a Human Health Hazard.

d.  Public Health Nuisances Enumerated: The following acts, omissions, places, conditions, and things are hereby specifically declared to be public health nuisances, but such enumerations shall not be construed to exclude the following or other nuisances from coming within the definition of Public Health Nuisance in this ordinance.

1.  Privy Vaults. No privy vaults or cesspools shall be constructed or maintained.

2.  Bird Feeding. Feed for birds shall not be placed where it would attract rodents or other animals.

3.  Animal Waste. Every animal owner shall dispose of the animal’s fecal matter and other waste in a sanitary manner as often as may be necessary to prevent any unhealthy or unsanitary accumulation of such matter and/or waste.

4.  Noxious Weeds. All noxious weeds and other rank growth of vegetation.

5.  Miscellaneous. Failure to comply with any law or rule regarding sanitation and health, including, but not limited to:

a.  Plumbing.

b.  Water supplies, including wells, and surface water.

c.  Waste Disposal.

d.  Storage or use of chemical, pesticides, and herbicides or any other toxic substance.