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HomeMy WebLinkAboutPart 08 Health & SanitationO Health and Sanitation PART 8 HEALTH AND SANITATION CHAPTER 1 TRASH, WEEDS AND LITTER ARTICLE A TRASH AND WEEDS Section 8 -101 Accumulation of Trash and Weeds Unlawful Section 8 -102 Definitions Section 8 -103 Reports of Accumulation of Grass, Weeds or Trash on Property Section 8 -104 Receipt of Report, Hearing and Notice Section 8 -105 Work Done by Employees or Contract Section 8 -106 Determination and Assessment of Costs Section 8 -107 Lien on Property, Civil Remedy Section 8 -108 Service of Notice Section 8 -109 Abandoned Ice Boxes or Refrigerators Section 8 -110 Unlawful to Deposit Rubbish Section 8 -111 Removal of Dead Animals Section 8 -112 Burning Trash Prohibited Section 8 -113 Deposit Near Combustible Matter Section 8 -114 Disposal of Combustible Refuse Section 8 -115 Vacant Buildings Section 8 -116 Prohibiting Burning of Certain Matter Section 8 -117 Penalty ARTICLE B LITTERING Section 8 -121 Definitions Section 8 -122 Littering Section 8 -123 Depositing Litter on Private Property Section 8 -124 Litter in Public Places Section 8 -125 Litter Placement in Receptacles so as to Prevent Scattering Section 8 -126 Sweeping Litter Into Gutters Prohibited Section 8 -127 Vehicle loads causing litter Section 8 -128 Throwing, Depositing and Distributing Handbills Section 8 -129 Throwing or Depositing Handbills in Vehicles Section 8 -130 Handbills thrown or deposited on uninhabited property prohibited Section 8 -131 Throwing Handbills on Private Property Prohibited Section 8 -132 Distributing Handbills on Inhabited Property Section 8 -133 Posting on Public Property Prohibited Section 8 -134 Throwing or Distributing Litter on Private Property Section 8 -135 Litter on Vacant Property Prohibited Section 8 -201 Food Service Section 8 -202 Food Service Permits Section 8 -203 "Health Authority" Defined Section 8 -204 Penalty Section 8 -301 Section 8 -302 Section 8 -303 Section 8 -304 Section 8 -305 Section 8 -306 Section 8 -307 Section 8 -308 Section 8 -309 Section 8 -310 Section 8 -311 Section 8 -312 Section 8 -313 Health and Sanitation ARTICLE C DILAPIDATED BUILDINGS Section 8 -141 Definitions Section 8 -142 Condemnation of Dilapidated Buildings Section 8 -143 Boarding and Securing of Dilapidated Buildings Section 8 -144 Provisions Cumulative CHAPTER 2 FOOD AND MILK REGULATIONS ARTICLE A FOOD AND RESTAURANTS ARTICLE B MILK REGULATIONS Section 8 -210 Adoption of Regulations on Milk and Milk Products Section 8 -211 Grade A Milk Section 8 -212 Enforcement Section 8 -213 Penalty CHAPTER 3 NUISANCES Nuisance Defined; Public Nuisances; Private Nuisances Persons Responsible Time Does Not Legalize Remedies Against Public Nuisances Remedies Against Private Nuisances City Has Power to Define and Summarily Abate Nuisances Certain Public Nuisances in the City Defined Summary Abatement of Nuisances Abatement by Suit in District Court Nuisance Unlawful Health Nuisances; Abatement Toilet Facilities Required; Nuisance Procedure Cumulative Q c Health and Sanitation CHAPTER 4 ABANDONED, WRECKED AUTOS Section 8 -401 Definitions Section 8 -402 Abandoned, Wrecked Autos Prohibited Section 8 -403 Nuisance Section 8404 Immediate Removal of Vehicle Obstructing Traffic Section 8 -405 Removal of Dismantled, Junked, Abandoned or Inoperable Vehicles from Public Property Section 8 -406 Removal of Dismantled, Junked, Abandoned or Inoperable Vehicles Located on Private Property Section 8 -407 Owner May Regain Section 8 -408 Penalty CHAPTER 5 CLEAN AIR CONTROL Section 8 -501 Definitions Section 8 -502 Building Permits Section 8 -503 Listing of Devices and Equipment Section 8 -504 Inspection Section 8 -505 Rules and Regulations Section 8 -506 Right of Review Section 8 -507 Variances Section 8 -508 Emissions to Constitute Nuisance Section 8 -509 Control of Open Burning Section 8 -510 Incinerators Section 8 -511 Control of Air Pollution from Smoke and Particulate Matter Section 8 -512 Control of Air Pollution from Sulfur Compounds CHAPTER 6 AMBULANCE SERVICE DISTRICT ESTABLISHED Repealed. (Ord. No. 376, 1/19/88) c Health and Sanitation CHAPTER 1 TRASH, WEEDS AND LITTER ARTICLE A TRASH AND WEEDS Section 8 -101 Accumulation of Trash or Weeds Unlawful Section 8 -102 Definitions Section 8 -103 Reports of Accumulation of Grass, Weeds or Trash on Property Section 8 -104 Receipt of Report, Hearing and Notice Section 8 -105 Work Done by Employees or Contract Section 8 -106 Determination and Assessment of Costs Section 8 -107 Lien on Property, Civil Remedy Section 8 -108 Service of Notice Section 8 -109 Abandoned Ice Boxes or Refrigerators Section 8 -110 Unlawful to Deposit Rubbish Section 8 -111 Removal of Dead Animals Section 8 -112 Burning Trash Prohibited Section 8 -113 Deposit Near Combustible Matter Section 8 -114 Disposal of Combustible Refuse Section 8 -115 Vacant Buildings Section 8 -116 Prohibiting Burning of Certain Matter Section 8 -117 Penalty ARTICLE B LITTERING Section 8 -121 Definitions Section 8 -122 Littering Section 8 -123 Depositing Litter on Private Property Section 8 -124 Litter in Public Places Section 8 -125 Litter Placement in Receptacles so as to Prevent Scattering Section 8 -126 Sweeping Litter into Gutters Prohibited Section 8 -127 Vehicle Loads Causing Litter Section 8 -128 Throwing, Depositing and Distributing Handbills Section 8 -129 Throwing or Depositing Handbills in Vehicles Section 8 -130 Handbills Thrown or Deposited on Uninhabited Property Prohibited Section 8 -131 Throwing Handbills on Private Property Prohibited Section 8 -132 Distributing Handbills Inhabited Property Section 8 -133 Posting on Public Property Prohibited. Section 8 -134 Throwing or Distributing Litter on Private Property Section 8 -135 Litter on Vacant Property Prohibited ARTICLE C DILAPIDATED BUILDINGS Section 8 -141 Definitions Section 8 -142 Condemnation of Dilapidated Buildings Section 8 -143 Boarding and Securing of Dilapidated Buildings Section 8 -144 Provisions Cumulative SECTION 8 -102 DEFINITIONS Health and Sanitation SECTION 8 -101 ACCUMULATION OF TRASH OR WEEDS UNLAWFUL It is unlawful for any owner of any lot, tract or parcel of land situated wholly or in part within the corporate limits of the city to allow trash or weeds to grow, stand or accumulate upon such premises and it is the duty of such owner to remove or destroy any such trash or weeds. As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section: 1. "Weeds" includes, but is not limited to, poison ivy, poison oak or poison sumac and all vegetation at any stage of maturity which: a. Exceeds twelve (12) inches in height, except healthy trees, shrubs or produce for human consumption or own in a tended and cultivated garden unless such trees and shrubbery by their density or location constitute a detriment to the health, benefit and welfare of the public and community or a hazard to traffic or create a fire hazard to the property or otherwise interfere with the mowing of the weeds; b. Regardless of height, harbors, conceals or invites deposits or accumulation of refuse or trash; c. Harbors rodents or vermin; d. Gives off unpleasant or noxious odors; e. Constitutes a fire or traffic hazard; or f. Is dead or diseased. The term "weed" does not include tended crops on land zoned for agricultural use which are planted more than one hundred and fifty feet (150 from a parcel zoned for other than agricultural use; 2. "Trash" means any refuse, litter, ashes, leaves, debris, paper, combustible materials, rubbish, offal, waste, or matter of any kind or form which is uncared for, discarded or abandoned; and 3. "Owner" means the owner of record as shown by the most current tax rolls of the county treasurer. SECTION 8 -103 REPORTS OF ACCUMULATION OF GRASS, WEEDS OR TRASH ON PROPERTY Any officer or employee of the city who discovers an accumulation of trash or the growth of grass and weeds, or both these conditions, upon any premises within the limits of the city, shall report the condition to the city administrator if, as a result of the accumulation or growth, the premises appear to be: 1. Detrimental to the health, benefit and welfare of the public and the community; 2. A hazard to traffic; 3. A fire hazard to property; or • Health and Sanitation 4. Any two (2) or more of these conditions. (Prior Code, Secs. 13 -11, 13 -12) State Law Reference: Cleaning and mowing of property, procedures and powers 11 O.S. Section 22 -111. SECTION 8 -104 RECEIPT OF REPORT, HEARING AND NOTICE A. Upon receiving the report provided for in Section 8 -103 of this code, or upon receipt of equivalent information from any reliable source, the city code enforcement officer shall place the matter upon the agenda for hearing and consideration at an appropriate date which will permit the giving of the notices prescribed by state law. At such hearing the city manager, or the city manager's designee, shall consider whether the premises, by reason of the conditions specified, are detrimental to the health, benefit and welfare of the public and the community, or a hazard to traffic, or a fire hazard to property, or any two (2) or more of such conditions. B. At least ten (10) days prior to the hearing, the city code enforcement officer shall give written notice of the hearing by posting upon the premises and by forwarding a copy thereof by certified mail with return receipt requested to the owner of the property at the address shown by the current year's tax rolls in the office of the treasurer of the county in which the property is located. If the return receipt shows that the property owner cannot be located, notice shall be given by publication in a newspaper of general circulation one time not less than ten (10) days prior to the date of the hearing. C. At least ten (10) days from the date of receipt of the notice by the owner and upon the date specified in the notice, the city manager or city manager's designee shall hear the matter and shall receive information thereon, including anything which may be presented by the owner of the premises, personally or by agent or attorney. If the city manager or the city manager's designee determines that any of the conditions specified in Section 8 -103 of this code exist upon the premises, he may order the property to be cleaned of trash, and/or weeds to be cut, removed or destroyed unless within ten (10) days from the date of receipt of the notice the owner either: designee. 1. Cuts, removes or destroys the trash or weeds in accordance with the notice; 2. Gives written consent authorizing the city to abate the trash or weeds, thereby waiving his right to a hearing; or 3. Appeals to the city council from the order of the city manager or the city manager's D. Such an appeal to the city council from the order of the city manager shall be taken by filing written notice with the city clerk within ten (10) days after the administrative order is rendered. The filing of written notice of appeal with the municipal clerk shall operate to stay the enforcement of the order of the city manager appealed from. As soon thereafter as possible, and upon not less than ten (10) days notice to the property owner, the city council of the city shall consider the matter de novo. (Prior Code, Secs. 13 -13 to 13 -15; Ord. No. 408, 10/17/89; Ord. No. 561, 11/18/97) SECTION 8 -105 WORK DONE BY EMPLOYEES OR CONTRACT The work ordered to be performed under Section 8 -104 of this code may be done by the employees of this city under supervision of the city manager, or it may be let by contract to the lowest and best bidder, after appropriate notice, in the manner for letting other contracts by public bid. (Prior Code, Sec. 13 -16) Page 8 -7 Health and Sanitation SECTION 8 -106 DETERMINATION AND ASSESSMENT OF COSTS Upon the completion of the work ordered to be performed under Section 8 -105 of this code, the city manager or city manager's designee shall determine the actual cost of such cleaning and mowing and any other expenses as may be necessary in connection therewith including the cost of notice and mailing. The city manager or the city manager's designee shall examine the report and, after receiving appropriate information, shall determine the total costs of the work. Thereafter the city clerk shall forward a statement and demand for payment of the total cost by certified mail with return receipt requested to the owner of the property at the address shown by the current tax rolls in the office of the treasurer of the county in which the property lies. The property owner shall have a right to appeal to the city council from the assessment rendered by the city manager or the city manager's designee. Such appeal shall be taken and held in accordance with the provisions of Section 8- 104(d). (Prior Code, Sec. 13 -17; Ord. No. 408, 10/17/89; Ord. No. 561, 11/18/97) SECTION 8 -107 LIEN ON THE PROPERTY, CIVIL REMEDY If the costs of the work performed under this chapter are not paid within thirty (30) days from the date of mailing the notice prescribed by Section 8 -104 hereof, the city clerk shall forward a certified statement of the amount of the costs to the county treasurer of the county in which the property upon which the work was done is located, in order that the amount be levied upon the property and be collected by the county treasurer in the manner prescribed by the law of this state. The cost and the lien thereon shall be a lien against the property from the date the cost is certified to the county treasurer. The lien is coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid. At any time prior to collection as provided in this section the city may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, if any, the city clerk shall forward to the county treasurer a notice of such payment and directing discharge of the lien. (Prior Code, Sec. 13 -19) SECTION 8 -108 SERVICE OF NOTICE The service of all notices prescribed by this chapter shall be evidenced by the return of the officer making such service, certified in his official capacity, and filed in the office of the city clerk. (Prior Code, Sec. 13 -18) SECTION 8 -109 ABANDONED ICE BOXES OR REFRIGERATORS It is unlawful for any person, firm or corporation to leave in a place accessible to children any abandoned, unattended or discarded ice box, refrigerator, or other container which has an airtight door with a lock or other fastening device which cannot be easily released for opening from the inside of the ice box, refrigerator or container, without first removing the door, lock or fastener. SECTION 8 -110 UNLAWFUL TO DEPOSIT RUBBISH It is unlawful for any person to throw, place or deposit any rubbish, trash, slop, garbage, filthy substance, grass, weeds, trees, brush or any other refuse or waste matter in any street, avenue, alley or in any ditch or watercourse, or upon the premises of another, or upon any public ground in this city. SECTION 8 -111 REMOVAL OF DEAD ANIMALS The owner or any person having charge of any animal dying in this city, shall within twenty-four (24) hours after the death of such animal, remove its carcass, and failure so to do shall constitute a misdemeanor. Health and Sanitation SECTION 8 -112 BURNING TRASH PROHIBITED The burning of trash within the city limits by any commercial business is hereby prohibited. Each business shall keep and maintain its trash and refuse so as to avoid creating a health or fire hazard or obnoxious sight or odor. Each business shall put the trash or refuse in a container whereby same will not be subject to the elements such as wind and rain. (Prior Code, Sec. 8 -18) SECTION 8 -113 DEPOSIT NEAR COMBUSTIBLE MATTER No person shall deposit ashes, smoldering coal or embers, greasy or oily substances or other matters liable to create spontaneous ignition within ten (10) feet of any wooden or plaster wall, partition, fence, floor, lumber, rubbish or other combustible materials, except in metallic or other noncombustible receptacles, placed on non - combustible stands resting on a non - combustible floor or on the ground outside the building, and in every case must be kept at least two feet (2) distance from any combustible wall or partition. (Prior Code, Sec. 8 -19) SECTION 8 -114 DISPOSAL OF COMBUSTIBLE REFUSE Every person making, using or having charge of or control over any shavings, loose hay, sacks, bags, boxes, litter, or any other combustible material of any character, within the city, shall at the close of each day cause the same to be removed from the premises, or securely protected and disposed of so as to protect the same from sparks and fire and to avoid the creation of a fire hazard. SECTION 8 -115 VACANT BUILDINGS The owner or other person having control of any building in the city shall, whenever the same or any part thereof becomes vacant or unoccupied, remove therefrom forthwith all waste paper and other combustible waste materials accumulated therein and shall securely close and lock and keep closed and locked, all doors, windows or other openings into such building or portion thereof while the same remains unoccupied. (Prior Code, Sec. 8 -22) SECTION 8 -116 PROHIBITING BURNING OF CERTAIN MATTER It is unlawful to burn or attempt to burn or cremate any garbage, consisting of vegetable or animal matter, or the body or any part of any dead animal, or any animal or human excrement, or to burn or attempt to bum any rubber or other material which, when submitted to heat or flame, tends to discharge unusual and extreme obnoxious other than odors or discharge gases which are injurious to public health. (Prior Code, Sec. 8 -23) SECTION 8 -117 PENALTY Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be fined or imprisoned as provided in Section 1 -108 of this code. SECTION 8 -121 DEFINITIONS ARTICLE B LITTERING As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section: 1. "Authorized private receptacle" means a litter storage and collection receptacle as required by the ordinances of the city pertaining to depositing of trash and garbage for the purpose of collection; 2. "Handbill" means any printed or written matter, sample, device, pamphlet, notice, paper, circular, or any other printed or otherwise reproduced original of any matter of literature, which advertises for sale any merchandise, product or thing, or which directs attention to any business, commercial establishment, political campaign, theatrical performance, exhibition, event or other activity, for the purpose of promoting the interest thereof by sales or for the purpose of acquiring private gain, profit or benefit; SECTION 8 -122 LITTERING Health and Sanitation 3. "Newspaper" means any newspaper of general circulation, including any periodical or current magazine published with not less than four (4) issues per year, and sold to the public; 4. "Private property" means any real property, which is not owned by or under the control of a person who may be accused of committing the act described in Section 8 -123 of this code; and 5. "Public place" means any street, road, sidewalk, alley, easement, park, ditch, drain or area of land or property open to the general public use. (Prior Code, Sec. 13 -28) It is an offense for any person to willfully throw or leave or deposit any garbage, grass or weed cuttings, refuse, litter or other items and matters, commonly referred to as trash, upon or into any public street, road, parking area, drainage ditch or other public place, not designated as a public dump ground established and under the control of the city. (Prior Code, Sec. 13 -29) SECTION 8 -123 DEPOSITING LITTER ON PRIVATE PROPERTY It is unlawful and an offense for any person to willfully throw, leave or deposit any garbage, grass cuttings, refuse, litter or any other items and matters, commonly referred to as trash, upon or into any private property, ditch, drain or driveway, which is not owned by or under the control of the person committing such act. A conviction for violation of the provisions or provision of this chapter shall not preclude the prosecution of the charge of trespass, should the facts involved include a violation of the crime of trespass as provided by the ordinances. (Prior Code, Sec. 13 -30) SECTION 8 -124 LITTER IN PUBLIC PLACES It is unlawful for any person to throw or deposit litter in or upon any street, sidewalk or other public place within the city, except in public receptacles, in authorized private receptacles for collection, or in official city dumps. (Prior Code, Sec. 13 -31) SECTION 8 -125 LITTER PLACEMENT IN RECEPTACLES SO AS TO PREVENT SCATTERING Persons placing litter in public receptacles or in authorized private receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. It is unlawful for any person to place litter in public receptacles or in authorized receptacles other than in the way and manner as provided by this section. (Prior Code, Sec. 13 -32) 0 0 0 0 Health and Sanitation SECTION 8 -126 SWEEPING LITTER INTO GUTTERS PROHIBITED No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building, yard or lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks abutting their premises free of litter or obstructions. (Prior Code, Sec. 13 -33) SECTION 8 -127 VEHICLE LOADS CAUSING LITTER. No person shall drive or move any truck, cart, or other vehicle, within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown, scattered or deposited upon any street, alley or other public place. (Prior Code, Sec. 13 -34) SECTION 8 -128 THROWING, DEPOSITING AND DISTRIBUTING HANDBILLS No person shall throw or deposit any commercial or non - commercial handbill in or upon any sidewalk, street or other public place within the city or hand out or distribute or sell commercial handbills in public places. It is unlawful to hand out or distribute, directly to a recipient, regulation business or personal cards, which do not exceed ten (10) square inches in size, and not less than one and three - quarters (1 3/4) inches at its smallest dimension. (Prior Code, Sec. 13 -35) SECTION 8 -129 THROWING OR DEPOSITING HANDBILLS IN VEHICLES No person shall throw or deposit any commercial or non - commercial handbill in or upon any vehicle. It is unlawful in any public place for a person to hand out or distribute without charge to the receiver a non - commercial handbill to any occupant of a vehicle who is willing to accept it, when such handbill is not primarily intended for the purpose of promoting sales or monetary profit. (Prior Code, Sec. 13 -36) SECTION 8 -130 HANDBILLS THROWN OR DEPOSITED ON UNINHABITED PROPERTY PROHIBITED No person shall throw or deposit any handbill in or upon any private premises which are temporarily or continuously uninhabited. (Prior Code, Sec. 13 -37) SECTION 8 -131 THROWING HANDBILLS ON PRIVATE PROPERTY PROHIBITED It is unlawful to throw, deposit or distribute any handbill upon any private premises, if requested not do so or where signs are displayed bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement," or similar notice indicating that the occupants do not desire to have their privacy disturbed. (Prior Code, Sec. 13- 38) SECTION 8 -132 DISTRIBUTING HANDBILLS ON INHABITED PROPERTY A. No person shall throw, deposit or distribute any commercial or non - commercial handbill in or upon private premises which are inhabited, except by transmitting directly to the owner, occupant, or persons present upon such private premises. In cases of inhabited private premises which are not posted, handbills must be placed securely to prevent same from blowing on sidewalks, streets, or other public places. Mailboxes may not be used when so prohibited by Federal postal laws or regulations. B. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers except that newspapers shall be placed on private property so as to prevent being Health and Sanitation carried or deposited upon any street, sidewalk or public place or on other private property. (Prior Code, Sec. 13 -39) SECTION 8 -133 POSTING ON PUBLIC PROPERTY PROHIBITED No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. No person, except a duly elected or appointed officer or employee of the city while acting within the proper authority of such office or employment, shall post or affix any notice, commercial or non - commercial handbills, poster or other paper calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree in a public place, or on any public structure, except as may be authorized or required by law. (Prior Code, Sec. 13 -40) SECTION 8 -134 THROWING OR DISTRIBUTING LITTER ON PRIVATE PROPERTY No person shall throw or deposit litter on any occupied private property except that the person in control of private property may keep private receptacles for collection of litter to be prevented from being deposited upon streets, sidewalks and other public places. (Prior Code, Sec. 13 -41) SECTION 8 -135 LITTER ON VACANT PROPERTY PROHIBITED It is unlawful for any person to throw or deposit litter on any open or vacant property within the city, whether owned by such person or not. (Prior Code, Sec. 13 -43) ARTICLE C DILAPIDATED BUILDINGS SECTION 8 -141 DEFINITIONS For the purpose of this article: 1. "Boarding and securing" or "boarded and secured" means the closing, boarding or locking of any or all exterior openings so as to prevent entry into the structure; 2. "Dilapidated building" means a structure which through neglect or injury lacks necessary repairs or otherwise is in a state of decay or partial ruin to such an extent that the structure is a hazard to the health, safety or welfare of the general public; 3. "Owner" means the owner of record as shown by the most current tax rolls of the county treasurer; 4. "Unsecured building" means any structure which is not occupied by a legal or equitable owner thereof, or by a lessee of a legal or equitable owner, and into which there are one or more unsecured openings such as broken windows, unlocked [windows], broken doors, unlocked doors, holes in exterior walls, holes in the roof, broken basement or cellar hatchways, unlocked basement or cellar hatchways or other similar unsecured openings which would facilitate an unauthorized entry into the structure. (Ord. No. 415, 5/14/90) SECTION 8 -142 CONDEMNATION OF DILAPIDATED BUILDINGS The city manager is hereby authorized to cause dilapidated buildings within the municipal limits to be torn down and removed in accordance with provisions of this article: Health and Sanitation 1. At least fifteen (15) days' notice that a building is to be torn down or removed shall be given to the owner of the property before the city manager takes action or holds a hearing. A copy of the notice shall be posted on the property to be affected. In addition, a copy of the notice shall be sent by certified mail with return receipt requested to the property owner at the address shown by the current year's tax rolls in the office of the county treasurer. Written notice shall also be mailed to any mortgage holder as shown by the records in the office of the county clerk to the last -known address of the mortgagee. However, if neither the property owner nor mortgage holder can be located, notice may be given by publication, as defined in Section 1 -102 of Title 11 of the Oklahoma Statutes. Such notice may be published once not less than ten (10) days prior to any hearing or action by the city pursuant to the provisions of this section, or in the alternative, notice may be given by first -class mail to the property owner and mortgage holder; 2. A hearing may be held by the city manager to determine if the property is dilapidated and has become detrimental to the health, safety or welfare of the general public and the community, or if the property creates a fire hazard which is dangerous to other property; 3. Pursuant to a finding that the condition of the property constitutes a detriment or a hazard and that the property would be benefited by the removal of such conditions, the city manager may cause the dilapidated building to be torn down and removed. The city manager shall fix reasonable dates for the commencement and completion of the work. The city clerk shall immediately file a notice of lien with the county clerk describing the property, the findings of the city at the hearing, and stating that the city claims a lien on the property for the destruction and removal costs. The agents of the city are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the city if the work is not performed by the property owner within the dates fixed by the city manager; 4. The city manager shall determine the actual cost of the dismantling and removal of dilapidated buildings and any other expenses that may be necessary in conjunction with the dismantling and removal of the buildings, including the cost of notice and mailing. The city clerk shall forward a statement of the actual cost attributable to the dismantling and removal of the buildings and a demand for payment of such costs, by certified mail with return receipt requested, to the property owner. In addition, a copy of the statement shall be mailed to any mortgage holder at the address provided for in paragraph 1 of this section. If the city dismantles or removes any dilapidated buildings, the cost to the property owner shall not exceed the actual cost of the labor, maintenance and equipment required for the dismantling and removal of the dilapidated buildings. If dismantling and removal of the dilapidated buildings is done on a private contract basis, the contract shall be awarded to the lowest and best bidder; 5. When payment is made to the city of costs incurred, the city clerk shall file a release of lien, but if payment attributable to the actual cost of the dismantling and removal of the building is not made within six (6) months from the date of the mailing of the statement, the city clerk shall forward a certified statement of the amount of the cost to the county treasurer of the county in which the property is located. The costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law. The cost and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the county clerk. The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property. The treasurer shall collect a fee of five dollars ($5.00) for each parcel of property. The fee shall be deposited to the credit of the general fund of the county. At any time prior to collection as provided for in this paragraph, the city may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, the city clerk shall forward to the county treasurer a notice of such payment and direct discharge of the lien; 6. The property owner shall have the right to appeal to the city council from any order of the city manager entered in respect of the foregoing. Such appeal shall be taken by filing written notice of Page 8 -13 Health and Sanitation appeal with the city clerk within the (10) days after the city manager's order is rendered. (Ord. No. 415, 5/14/90) SECTION 8 -143 BOARDING AND SECURING OF DILAPIDATED BUILDINGS After a building has been declared dilapidated as provided in the preceding section, and before commencement of the tearing and removal of a dilapidated building, the city manager may authorize that such building be boarded and secured in accordance with the following procedures: 1. Before the city manager orders such action, at least ten (10) days' notice that such unsecured building is to be boarded and secured shall be given by certified mail with return receipt requested to any property owners and mortgage holders as provided in Section 22 -112 of Title 11 of the Oklahoma Statutes. A copy of the notice shall also be posted on the property to be affected. However, if neither the property nor mortgage holder can be located, notice may be given by publication, as defined in Section 1- 102 of Title 11 of the Oklahoma Statutes. Such notice shall be published one time, not less than ten (10) days prior to any hearing or action by the city pursuant to the provisions of this section, or in the alternative, notice may be given by first -class mail to any property owners and mortgage holders; 2. The owner of the property may give his written consent to the city authorizing the boarding and securing of such unsecured building and to the payment of any costs incurred thereby. By giving the written consent, the owner waives his right to a hearing by the city manager; 3. If the property owner does not give his written consent to such actions, a hearing may be held by the city manager to determine whether the boarding and securing of such unsecured building would promote and benefit the public health, safety or welfare. Such hearing may be held in conjunction with a hearing on the accumulation of trash or the growth of weeds or grass on the premises of such unsecured building held pursuant to the provisions of paragraph 3 of Subsection A of Section 22 -111 of Title 11 of the Oklahoma Statutes. In marking such determination, the city manager shall apply the following standard: The city manager may order the boarding and securing of the unsecured building when the boarding and securing thereof would make such building less available for transient occupation, decrease a fire hazard created by such building, or decrease the hazard that such building would constitute an attractive nuisance to children. Upon making the required determination, the city manager may order the boarding and securing of the unsecured building; 4. After the city manager orders the boarding and securing of such unsecured building, the city clerk shall immediately file a notice of lien with the county clerk describing the property, stating the findings of the city at the hearing at which such building was determined to be unsecured, and stating that the city claims a lien on the property for the costs of boarding and securing such building; 5. Pursuant to the order of the city manager, the agents of the city are granted the right of entry on the property for the performance of the boarding and securing of such building and for the performance of all necessary duties as a governmental function of the city; 6. After an unsecured building has been boarded and secured, the city manager shall determine the actual costs of such actions and any other expenses that may be necessary in conjunction therewith. The city clerk shall forward a statement of the actual costs attributable to the boarding and securing of the unsecured building and a demand for payment of such costs, by certified mail with return receipt requested, to any property owners and mortgage holders as provided in Section 22 -112 of Title 11 of the Oklahoma Statutes; 7. If the city boards and secures any unsecured building, the cost to the property owner shall not exceed the actual cost of the labor, materials and equipment required for the performance of such actions. Page 8 -14 0 Health and Sanitation If such actions are done on a private contract basis, the contract shall be awarded to the lowest and best bidder; 8. When payment is made to the city for costs incurred, the city clerk shall file a release of lien, but if payment attributable to the actual costs of the boarding and securing of the unsecured building is not made within thirty (30) days from the date of the mailing of the statement to the owner of such property, the city clerk shall forward a certified statement of the amount of the costs to the county treasurer of the county in which the property is located. The costs shall be authorized by law. The costs and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the county clerk. The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property. The lien shall continue until the costs and interest are fully paid. At any time prior to collection as provided for in this paragraph, the city may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, the city clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien; 9. The property owner or mortgage holder shall have a right of appeal to the city council from any order of the city manager relating to the foregoing. Such appeal shall be taken by filing of written notice of appeal with the city clerk within ten (10) days after the administrative order is rendered. (Ord. No. 415, 5/14/90) SECTION 8 -144 PROVISIONS CUMULATIVE Nothing in the provisions of this article shall prevent the city from abating dilapidated building as a nuisance or otherwise exercising its police powers to protect the health, safety or welfare of the general public. (Ord. No. 415, 5/14/90) Health and Sanitation O 0 AMP 0 0 Section 8 -201 Food Service Section 8 -202 Food Service Permits Section 8 -203 "Health Authority" Defined Section 8 -204 Penalty Section 8 -210 Adoption of Regulations on Milk and Milk Products Section 8 -211 Grade A Milk Section 8 -212 Enforcement Section 8 -213 Penalty SECTION 8 -201 FOOD SERVICE SECTION 8 -202 FOOD SERVICE PERMITS Health and Sanitation CHAPTER 2 FOOD AND MILK REGULATIONS ARTICLE A FOOD AND RESTAURANTS ARTICLE B MILK REGULATIONS ARTICLE A FOOD AND RESTAURANTS A. The unabridged form of the latest edition of the "United States Public Health Service Food Service Sanitation Ordinance and Code" is hereby adopted and incorporated in this code by reference. Three (3) copies of the sanitation ordinance and code shall be on file in the office of the municipal clerk. The sanitation ordinance and code shall govern the definitions; inspection of food service establishments; the issuance, suspension, and revocation of permits to operate food service establishments; the prohibiting of the sale of adulterated or misbranded food or drink and the enforcement of this section. In the sanitation ordinance and code, however, all parenthetical phrases referring to grading and the following subsections shall be understood to be deleted: Subsections H.2.e., H.7. and H.8. B. "Health authority" means the director of the county health department of this county or his designated representative. C. Any person who violates any of the provisions of this section shall be guilty of misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1 -108 of this code. In addition thereto, any person convicted of violation may be enjoined from continuing the violation. (Prior Code, Sec. 11 -6) State Law Reference: State food regulations, see 63 O.S. Sections 1 -1101 et seq. It is unlawful for any person to operate a food service establishment within the city or its police jurisdiction, who does not possess a valid permit issued to him through the health authority. Permits shall not be transferable from one person to another person or place. A valid permit shall be posted in every food service establishment. Permits for temporary food service establishments shall be issued for a period of time not to exceed fourteen (14) days. No fee shall be levied by the city for the permit. (Prior Code, Sec. 11 -7) Page 8 -17 SECTION 8 -203 "HEALTH AUTHORITY" DEFINED "Health authority" means the state sanitarian assigned to the county, and representing the city as a designated representative of the state health officer. SECTION 8 -204 PENALTY- Any person, firm or corporation violating any provisions of this chapter or any legal order or regulation of the health officer, shall upon conviction thereof be punished as provided in Section 1 -108 of this code. (Prior Code, Sec. 11 -48) SECTION 8 -210 ADOPTION OF REGULATIONS ON MILK AND MILK PRODUCTS The provisions of state law governing the sale, labeling, and certain standards for milk or milk products as set out in Sections 1 -1301 to 1 -1313 of Title 63 of the Oklahoma Statutes are hereby incorporated by reference in this code and are enforceable by the city and its designated officials as fully as if they were set out at length herein. State Law Reference: State laws regulating milk standards, 63 O.S. Sections 1- 1301 et seq.; state laws governing manufacturing of milk and agriculture department inspection, 2 O.S. Sections 7 -1 et seq. Sections 9, 16 and 17 of the abridged ordinance shall be replaced respectively by Sections 8 -211, 8 -212 and 8 -213 below. SECTION 8 -211 GRADE A MILK From and after thirty (30) days after June 11, 1974, only Grade A pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments. In an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the health authority; in which case, such milk and milk products shall be labeled "ungraded." SECTION 8 -212 ENFORCEMENT Health and Sanitation ARTICLE B MILK REGULATIONS All sampling, examining, grading and re- grading of milk and milk products, all inspections and issuing and suspension or revocation of permits shall be done by the director of the county health department or his authorized representative, who shall be a registered professional sanitarian, or the county superintendent of health if there is no county health department. SECTION 8 -213 PENALTY Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined or imprisoned as provided in Section 1 -108 of this code. co 0 0 Section 8 -301 Section 8 -302 Section 8 -303 Section 8 -304 Section 8 -305 Section 8 -306 Section 8 -307 Section 8 -308 Section 8 -309 Section 8 -310 Section 8 -311 Section 8 -312 Section 8 -313 Health and Sanitation CHAPTER 3 NUISANCES Nuisance Defined; Public Nuisances; Private Nuisances Persons Responsible Time Does Not Legalize Remedies Against Public Nuisances Remedies Against Private Nuisances City Has Power to Define and Summarily Abate Nuisances Certain Public Nuisances in the City Defined Summary Abatement of Nuisances Abatement by Suit in District Court Nuisance Unlawful Health Nuisances; Abatement Toilet Facilities Required; Nuisance Procedure Cumulative SECTION 8 -301 NUISANCE DEFINED; PUBLIC NUISANCES; PRIVATE NUISANCES A. A nuisance is unlawfully doing an act, or omitting to perform a duty, or is any thing or condition which either: 3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake or navigable river, stream, canal or basin, or any public park, square, street or other public property; or B. A public nuisance is one which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal. 13 -1) 1. Annoys, injures or endangers the comfort, repose, health or safety of others; 2. Offends decency; 4. In any way renders other persons insecure in life or in the use of property. C. Every nuisance not included in Subsection B above is a private nuisance. (Prior Code, Sec. State Law Reference: Power to define, abate nuisances, procedures, 50 O.S. Section 1 et seq. SECTION 8 -302 PERSONS RESPONSIBLE Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property, created by a forrner owner, is liable therefor in the same manner as the one who first created it. (Prior Code, Sec. 13 -2) SECTION 8 -303 TIME DOES NOT LEGALIZE No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right. (Prior Code, Sec. 13 -3) Page 8 -19 Health and Sanitation SECTION 8 -304 REMEDIES AGAINST PUBLIC NUISANCES The remedies against a public nuisance are: 1. Prosecution on complaint before the municipal court; 2. Prosecution on information or indictment before another appropriate court; 3. Civil action; or 4. Abatement: a. By person injured as provided in Section 12 of Title 50 of the Oklahoma Statutes; or b. By the city in accordance with law or ordinance. (Prior Code, Sec. 13 -4) SECTION 8 -305 REMEDIES AGAINST PRIVATE NUISANCES The remedies against a private nuisance are: 1. Civil action; or 2. Abatement: a. By person injured as provided in Sections 14 and 15 of Title 50 of the Oklahoma Statutes; or b. By the city in accordance with law or ordinance. (Prior Code, Sec. 13 -5, in part) SECTION 8 -306 CITY HAS POWER TO DEFINE AND SUMMARILY ABATE NUISANCES As provided in Section 16 of Title 50 of the Oklahoma Statutes, the city has power to determine what is and what shall constitute a nuisance within its corporate limits and, for the protection of the public health, the public parks, and the public water supply, outside of its corporate limits. Whenever it is practical to do so, the city has the power summarily to abate any such nuisance after notice to the owner and an opportunity for him to be heard, if this can be done. (Prior Code, Sec. 13 -6, in part) SECTION 8 -307 CERTAIN PUBLIC NUISANCES IN THE CITY DEFINED In addition to other public nuisances declared by other sections of this code or law, the following are hereby declared to be public nuisances: 1. The sale, or offering for sale, of unwholesome food or drink; or the keeping of a place where such sales or offerings are made; 2. The sale, offering for sale, or furnishing of intoxicating liquor in violation of the state law or ordinances of the city; or keeping of a place where intoxicating liquor is sold, offered for sale, or furnished in violation of the state law or ordinances of the city; 0 • 0 Health and Sanitation 3. The exposure, display, sale, or distribution of obscene pictures, books, pamphlets, magazines, papers, documents or objects; or the keeping of a place where such are exposed, displayed, sold or distributed; 4. The keeping of a place where persons gamble, whether by cards, slot machines, punch boards or otherwise; 5. The keeping of a place where prostitution, illicit sexual intercourse, or other immoral acts are practiced; 6. The keeping of a place where activities in violation of state law or ordinance are practiced or carried on; 7. The conduct or holding of public dances in violation of the ordinances of the city; or the keeping of a place where such dances are held; 8. The public exposure of a person having a contagious disease; 9. The continued making of loud or unusual noises which annoy persons of ordinary sensibilities; or the keeping of an animal which makes such noises; 10. The operation or use of any electrical apparatus or machine which materially or unduly interferes with radio or television reception by others; 11. Any use of a street or sidewalk or a place adjacent thereto which causes crowds of people to gather so as to obstruct traffic on such street or sidewalk, or which otherwise obstructs traffic thereon, except as may be authorized by law or ordinance; 12. All wells, pools, cisterns, bodies or containers of water in which mosquitoes breed or are likely to breed, or which are so constructed, formed, conditioned, or situated as to endanger the public safety; 13. Rank weeds or grass, carcasses, accumulations of manure, refuse, or other things, which are, or are likely to be, breeding places for flies, mosquitoes, vermin, or disease germs; and the premises on which such exist; 14. Any building or structure which is dangerous to the public health or safety because of damage, decay or other condition; 15. Any pit, hole, or other thing which is so constructed, formed, conditioned or situated as to endanger the public safety; 16. Any fire or explosion hazard which endangers the public safety; 17. Any occupation or activity which endangers the public peace, health, morals, safety or welfare; 18. Any motor vehicle (whether in operating condition or not) or any trailer without a current vehicle plate as required by law for vehicles used on the public highways, when stored or kept in a residence district; Health and Sanitation 19. Any stable or other place where animals are kept that may become obnoxious or annoying to any resident of this city, by reason of any noise or noises made by the animal therein, or by reason of lack of sanitation, is hereby declared to be a nuisance; 20. The keeping of any dog kennels within this city for the breeding and raising of dogs that shall become offensive or annoying to the public by reason of the barking and noise made by the animals therein contained, is hereby declared to be a nuisance; 21. Any vault, cesspool or sink used to receive human excrement, slops, garbage, refuse or other filthy substance, is hereby declared to be a nuisance; 22. Any pond, slop, trash, refuse, cobs, manure, decayed or decaying vegetable matter, left, kept or maintained in such condition as to endanger the public health is hereby declared to be a nuisance; 23. The keeping of any hog pen within the limits of this city is hereby declared to be a nuisance; 24. Every privy or water closet which shall be in an overflowing, leaking or filthy condition, or in a condition dangerous, injurious or annoying to the comfort, health and welfare of any resident of this city is hereby declared a nuisance; 25. Any green or unsalted hides of any animal kept in any exposed or open place within the limits of this city is hereby declared to be a nuisance; 26. Any unclean, foul, leaking or broken or defective ditch, drain, gutter, slop, garbage or manure barrel, box or other receptacle in this city is hereby declared to be a nuisance; 27. Permitting water or other liquid to flow or fall, or ice or snow to fall, from any building or structure upon any street or sidewalk; and 28. Every building or other structure that shall become unsafe and dangerous from fire, decay or other cause, or shall become hazardous from fire, by reason of age, decay or construction, location or other cause, or shall be detrimental to the health, safety or welfare of this city or its inhabitants from any cause, is hereby declared to be a nuisance. The above enumeration of certain public nuisances shall be cumulative and not limit other provisions of law or ordinances defining public or private nuisances either in more general or more specific terms. (Prior Code, Sec. 13 -7) SECTION 8 -308 SUMMARY ABATEMENT OF NUISANCES A. Some nuisances are of such nature as to constitute a grave and immediate danger to the peace, health, safety, morals or welfare of one or more persons or of the public generally. It is recognized that circumstances may be such as to justify, and even to require the city manager or other appropriate officer or agency of the city government to take immediate and proper action summarily to abate such nuisances, or to reduce or suspend the danger until more deliberate action can be taken toward such abatement. B. The chief of the fire department, the chief of police, the city attorney, the building inspector, the electrical inspector, the plumbing inspector, or any other officer subordinate to the city manager may submit through or with the consent of the city manager to the city council, a statement as to the existence of a nuisance as defined by the ordinances of the city or law, and a request or recommendation that it be abated. The city manager himself, the health officer, any council member, or any resident or residents of the city may submit such a statement and request a recommendation to the city council. Page 8 -22 0 0 0 Health and Sanitation C. The council shall determine whether or not the alleged nuisance is a nuisance in fact. For the purpose of gathering evidence on the subject, the council shall have power to subpoena and examine witnesses, books, papers and other effects. Before proceeding to abate the nuisance or have it abated, the council shall give notice of a hearing on the proposed abatement to the owner of any property concerned and to any other person alleged or deemed responsible for or to be causing the nuisance, and an adequate opportunity to be heard, if such notice and opportunity for a hearing can be given. Such notice to the owner and other persons concerned shall be given in writing by mail or by service by a police officer if their names and addresses are known; but, if the names or addresses are not known, and the peace, health, safety, morals, or welfare of the person or persons or public adversely affected would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be published in a paper of general circulation within the city. D. If the council finds that a nuisance does in fact exist, it shall direct the owner or other persons responsible for or causing the nuisance to abate it within a specified time if the peace, health, safety, morals or welfare of the person or persons or public adversely affected would not be unduly jeopardized by the consequent delay. If such peace, health, safety, morals, or welfare would be unduly jeopardized by the consequent delay, or if the owner or other persons responsible for or causing the nuisance do not abate it within the specified time, the council shall direct the city manager to abate the nuisance or to have it abated, if summary abatement is practical, as authorized by Section 16 of Title 50 of the Oklahoma Statutes. The city clerk shall send a statement of the cost of such summary abatement to the owner or other persons responsible for or causing the nuisance, as may be just under the circumstances, if their names and addresses are known. Until paid, such cost shall constitute a debt to the city collectible as other debts of the city may be collected. (Prior Code, Sec. 13 -8, in part) SECTION 8 -309 ABATEMENT BY SUIT IN DISTRICT COURT In cases where it is deemed impractical summarily to abate a nuisance, the city may bring suit in the district court of the county where the nuisance is located, as provided in Section 17 of Title 50 of the Oklahoma Statutes. (Prior Code, Sec. 13 -9) SECTION 8 -310 NUISANCE UNLAWFUL It is unlawful for any person, including but not limited to any owner, lessee, or other person to create or maintain a nuisance within the city or to permit a nuisance to remain on premises under his control within the city. (Prior Code, Sec. 13 -10) SECTION 8 -311 HEALTH NUISANCES; ABATEMENT A. Pursuant to authority granted by Section 1 -1011 of Title 63 of the Oklahoma Statutes, the health officer shall have authority to order the owner or occupant of any private premises in the city to remove from such premises, at his own expense, any source of filth, cause of sickness, condition conducive to the breeding of insects or rodents that might contribute to the transmission of disease, or any other condition adversely affecting the public health, within twenty-four (24) hours, or within such other time as may be reasonable, and a failure to do so shall constitute an offense. Such order shall be in writing and may be served personally on the owner or occupant of the premises, or authorized agent thereof, by the health officer or by a policeman, or a copy thereof may be left at the last usual place of abode of the owner, occupant, or agent, if known and within the state. If the premises are unoccupied and the residence of the owner, occupant, or agent is unknown, or is without the state, the order may be served by posting a copy thereof on the premises, or by publication in at least one issue of a newspaper having a general circulation in the city. B. If the order is not complied with, the health officer may cause the order to be executed and complied with, and the cost thereof shall be certified to the city clerk, and the cost of removing or abating Page 8 -23 Health and Sanitation such nuisance shall be added to the water bill or other city utility bill of the owner or occupant if he is a user of water from the city water system or such other utility service. The cost shall be treated as a part of such utility bill to which it is added, and shall become due and payable, and be subject to the same regulations relating to delinquency in payment, as the utility bill itself. If such owner or occupant is not a user of any city utility service, such cost, after certification to the city clerk, may be collected in any manner in which any other debt due the city may be collected. (Prior Code, Sec. 13 -21) State Law Reference: Power to abate health nuisances, 63 O.S. Section 1 -1011. SECTION 8 -312 TOILET FACILITIES REQUIRED; NUISANCE A. For the purpose of this section, the following terms shall have the respective meanings ascribed to them herein: 1. "Human excrement" means the bowel and kidney discharge of human beings; 2. "Sanitary water closet" means the flush type toilet which is connected with a sanitary sewer line of such capacity and construction as to carry away the contents at all times; and 3. "Sanitary pit privy" means a privy which is built, rebuilt, or constructed so as to conform with the specifications approved by the Oklahoma State Department of Health. B. Every owner of a residence or other building in which humans reside, are • employed, or congregate within this city shall install, equip, and maintain adequate sanitary facilities for the disposal of human excrement by use of a sanitary water closet or a sanitary pit privy. The closets and toilets hereby required shall be of the sanitary water closet type when located within two hundred (200) feet of a sanitary sewer and accessible thereto, and of the sanitary water closet type (notwithstanding a greater distance from a sanitary sewer) or the water closet type emptying into a septic tank system or the pit privy type. A septic tank system or a pit privy may be used in such cases only if it meets the standards of and is approved by the Oklahoma State Department of Health. C. All human excrement disposed of within this city shall be disposed of by depositing it in closets and privies of the type provided for in this section. It is unlawful for any owner of property within the city to permit the disposal of human excrement thereon in any other manner, or for any person to dispose of human excrement within the city in any other manner. D. All privies shall be kept clean and sanitary at all times, and the covers of the seats of privies shall be kept closed at all times when the privies are not being used. No wash water, kitchen slop, or anything other than human excrement and toilet paper shall be emptied into a privy. No excrement from any person suffering from typhoid fever, dysentery, or other serious bowel disease shall be deposited in any sanitary pit privy or sanitary water closet until it is disinfected in such a manner as may be prescribed by the health officer. E. All facilities for the disposal of human excrement in a manner different from that required by this section, and all privies and closets so constructed, situated, or maintained as to endanger the public health, are hereby declared to be public nuisances, and may be dealt with and abated as such. Any person maintaining any such nuisance is guilty of an offense, and each day upon which any such nuisance continues is a separate offense. (Prior Code, Secs. 11 -1 to 11 -5) SECTION 8 -313 PROCEDURE CUMULATIVE The various procedures for abating nuisances prescribed by this chapter and by other provisions of law and ordinance shall be cumulative on to any other penalties or procedures authorized. Page 8 -24 O 0 O SECTION 8 -401 DEFINITIONS Health and Sanitation CHAPTER 4 ABANDONED, WRECKED AUTOS Section 8 -401 Definitions Section 8 -402 Abandoned, Wrecked Autos Prohibited Section 8 -403 Nuisance Section 8 -404 Immediate Removal of Vehicle Obstructing Traffic Section 8 -405 Removal of Dismantled, Junked, Abandoned or Inoperable Vehicles from Public Property Section 8 -406 Removal of Dismantled, Junked, Abandoned or Inoperable Vehicles Located on Private Property Section 8 -407 Owner May Regain Section 8 -408 Penalty The following definitions shall apply in the interpretation and enforcement of this chapter: 1. "Dismantled, junked, abandoned or inoperable vehicles" shall be deemed and means to include the major parts thereof including bodies, an engine, transmissions, frames, rear ends and old tires, wheels and upholstering; 2. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind; 4. "Public Property" means any property owned or controlled in the city limits by the city, Tulsa County, the state or United States Government, and shall include all streets and highways; and 5. "Vehicle" means any machine propelled by owner other than by muscle and shall include without limitation any automobile, truck, trailer, motorcycle, tractor, buggy, wagon, or self - propelled farm or construction equipment. (Prior Code Sec. 13 -49) 3. "Private Property" means any real property in the city which is not public property; State Law Reference: Removal of abandoned vehicles on private property, state procedure, 47 O.S. Section 954A. SECTION 8 -402 ABANDONED, JUNKED VEHICLES PROHIBITED No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, inoperable, junked or abandoned vehicle or parts thereof or any vehicle legally or physically incapable of being operated, for a period exceeding forty -eight (48) hours unless such vehicle, or parts thereof, is completely enclosed within a building, or stored in connection with a business lawfully established pursuant to the zoning ordinances of the city, or stored on property lawfully designated under the zoning ordinances of the city as a place where such vehicles may be stored. Page 8 -25 SECTION 8 -403 NUISANCE Health and Sanitation The accumulation or storage of one or more vehicles or parts thereof as described in Sections 8 -401 and 8 -402 of this code shall constitute a nuisance detrimental to the health, safety and welfare of the inhabitants of the city. It is the duty of the owner of such vehicles or parts thereof, or the owner of the private property, lessee or other person in possession or control of the property upon which such vehicle is located to remove the vehicle from such property or have the vehicle housed in a building where it will not be visible from the street or other private property. (Prior Code, Sec. 13 -52) SECTION 8 -404 IMMEDIATE REMOVAL OF VEHICLE OBSTRUCTING TRAFFIC A. If a police officer of the city or the code enforcement officer of the city, has reasonable cause to believe that a vehicle has been abandoned in a location which would be hazardous to the free flow of traffic, such officer shall have the authority to remove or direct the removal of the vehicle immediately. At the time of ordering the removal of the abandoned vehicle, the authorizing officer shall also determine the sale value of the vehicle and certify that amount on the removal order. B. If the value of the abandoned vehicle is certified as One Hundred Dollars ($100.00) or less, then within ten (10) days of the date of the certification of sale value, written notice shall be sent by the certifying officer or an authorized member of his agency, to the last known registered owner of the vehicle, stating the location where the abandoned vehicle was found, the certified sale value, the physical description of the vehicle, the license registration number, and the location where the vehicle is being stored. If the abandoned vehicle has not been recovered by the owner by payment of all costs of impounding, towing, storage and other related charges, then thirty (30) days from the date of the certification of value, the certifying officer, or an authorized member of his agency, shall then authorize disposal, by selling for salvage or in some other manner, of the abandoned vehicle without further notice. All proceeds realized from the disposal of the abandoned vehicle shall, after payment of any costs involved, be deposited with the appropriate depository of the city. C. If the abandoned vehicle is valued at sale for more than One Hundred Dollars ($100.00), the procedures prescribed by Sections 903 through 911 of Title 47 Oklahoma Statutes shall be applicable. (Ord. No. 375, 11/3/87) SECTION 8 -405 REMOVAL OF DISMANTLED, JUNKED, ABANDONED OR INOPERABLE VEHICLES FROM PUBLIC PROPERTY A. Any police officer of the city or code enforcement officer of the city, shall have the authority to remove or direct the removal of a dismantled, junked, abandoned or inoperable vehicle when same is found upon any portion of the highway, shoulder, right -of -way, or other public property, if after a period of forty-eight (48) hours from the time of posting of notification on the vehicle directing removal of same, there is no evidence of an apparent owner who intends to remove same. B. The notice provided for above shall be in writing and contain the request for removal within the time specified in this chapter, to -wit, forty-eight (48) hours. The notice shall advise that upon a failure to comply with the notice to remove, the city, or its designee, will undertake such removal with the cost of the removal to be levied against the owner of the property. Such notice shall further provide that the owner or such owner's authorized representative, may, within the time specified in the notice, contact the city manager of the city, for the purposes of challenging whether or not such vehicle constitutes a nuisance, as defined herein and whether same should be removed. If the vehicle has not been removed within the forty-eight (48) hour period provided for in the notice, or a hearing, as above provided for with the city manager, is not requested within such time, the vehicle shall at the expiration of the forty-eight (48) hour period be removed, impounded and stored for violation of this chapter. Subsequent to such removal, the code enforcement officer shall give notice to the owner of the location where the vehicle is Page 8 -26 0 • Health and Sanitation stored and the cost incurred by the city for the removal; whereupon, the vehicle shall be re- delivered to the owner, or sold, under the conditions as provided for in Section 8 -407. (Ord. No. 375, 11/3/87) SECTION 8 -406 REMOVAL OF DISMANTLED, JUNKED, ABANDONED OR INOPERABLE VEHICLES LOCATED ON PRIVATE PROPERTY A. Any police officer of the city or code enforcement officer of the city, shall, under the circumstances hereinafter set forth, have the authority to remove or direct the removal of a dismantled, junked, abandoned or inoperable vehicle when same is found upon private property within the corporate limits of the city. B. The police officer or code enforcement officer, as may be designated by the city manager, shall notify the owner, as evidenced by the records of the State Department of Public Safety, of such abandoned, junked, unserviceable, inoperable or dismantled vehicle, either by certified mail, return receipt requested, or by personal service, or by attaching a copy of the notice in a conspicuous place on the property to be removed, and if there be a building located on the property, by attaching a copy of the notice to the main entranceway of the building in a conspicuous place thereon. Notice may also be given by service of same on a person in possession or control of the property as owner, lessee, custodian or licensee over the age of fifteen (15) years or upon the member of any household fifteen (15) years of age or older. The notice shall contain the following information: 1. The nuisance must be abated within forty-eight (48) hours after receipt of notice by certified mail or within forty -eight (48) hours of posting of notice or upon personal service as hereinbefore provided; 2. The owner or person having control of the property upon which the nuisance is located may, within the forty-eight (48) hour period provided for in the notice for removal, request, in writing, directed to the code enforcement officer of the city, a hearing before the city council of the city; 3. The failure to request a hearing within the time period shall cause an abatement order to be issued and the same shall be removed by the proper city authorities and all charges incidental and necessary to the removal thereof shall be charged to the owner or the person having control of the property; 4. If a hearing as above provided is requested within the time provided a hearing shall be set before the city council not less than five (5) days nor more than fifteen (15) days from the request. At such hearing the owner may appear and protest and show cause why such abatement order should not be issued; and 5. If the city council determines a nuisance exists and if the city council orders an abatement after the hearing provided herein, the same shall be removed by the city at the cost of the owner or the person having control of the property upon which the nuisance is located; provided, the city shall allow the owner or person having control thereof seventy-two (72) hours after such order within which to abate the nuisance. C. Upon failure of the owner of the vehicle or the owner, lessee or person having control of the property on which the vehicle is located to request a hearing within the time provided as provided in the preceding subsection, or to remove the vehicle or to place it in an enclosed building, the city shall have the right to abate the nuisance forthwith without further notice or time being given. D. If such owner, lessee or person in control of the property requests a hearing within the time provided and appears to protest at the hearing provided and is ordered to abate such nuisance at the SECTION 8 -407 OWNER MAY REGAIN SECTION 8 -408 PENALTY Health and Sanitation hearing, then such owner, lessee or person having control of the property shall abate same within seventy - two (72) hours of the ruling. E. The city manager, if same is not abated within seventy -two (72) hours of the order of abatement, shall direct the code enforcement officer, to cause the removal and abatement of such nuisance and reasonable costs and charges for the removal of the nuisance shall be charged to the owner, lessee or person in control of the property upon which the vehicle is located in the manner as provided for in Section 8 -407. The owner of any vehicle so removed may regain possession thereof by making application to the code enforcement officer, within thirty (30) days after removal and upon payment to the city all reasonable costs of removal and storage which shall have accrued to such vehicle. If the vehicle is not so reclaimed within thirty (30) days, it may be sold without further notice in a reasonably commercial manner. After payment of towing and storage costs, all funds remaining shall become the property of the city. Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in Section 1 -108 of this code. 0 O c Section 8 -501 Definitions Section 8 -502 Building Permits Section 8 -503 Listing of Devices and Equipment Section 8 -504 Inspection Section 8 -505 Rules and Regulations Section 8 -506 Right of review Section 8 -507 Variances Section 8 -508 Emissions to Constitute Nuisance Section 8 -509 Control of Open Burning Section 8 -510 Incinerators Section 8 -511 Control of Air Pollution from Smoke and Particulate Matter Section 8 -512 Control of Air Pollution from Sulfur Compounds SECTION 8 -501 DEFINITIONS Health and Sanitation CHAPTER 5 CLEAN AIR CONTROL For the purpose of this chapter, the following terms, phrases, and words have the meanings given herein: 1. "Air contaminant" means any particulate matter or any gas or combination thereof including but not limited to the following: dust, soot, mist, smoke, fumes, fly ash, vapor, corrosive gas, or other discharge and any other airborne material or substance that is offensive, nauseous, irritating or noxious to humans or other animal life, other than water vapor or natural air; 2. "Board" means the Tulsa City - County Board of Health; 3. "Council" means the Clean Air Advisory Council; 4. "Department" means the Tulsa City - County Health Department; 5. "Director of health" means the Medical Director of the Tulsa City - County Health Department, or his duly authorized representative; 6. "Emergency" means any departure from normal operations resulting in the temporary emissions of smoke or particulate matter above the specified standards; 7. "Equivalent opacity" means the degree to which an emission, other than gray or black smoke, obscures the view of an observer, expressed as an equivalent of the obstruction caused by a gray or black smoke emission of a given density, as measured by a Ringelmann Smoke Chart; 8. "Incinerator" means a combustion device specifically designed for the destruction, by high temperature burning, of solid, semi - solid, liquid, or gaseous combustible wastes and from which the solid residues contain little or no combustible material; 9. "Multiple- chamber incinerator" means any article, machine, equipment, or contrivance or part of a structure, used to dispose of refuse or garbage by burning, consisting of two (2) or more refractory line combustion chambers in series, physically separated by refractory walls, interconnected by gas passage ports or ducts and employing adequate design necessary for maximum combustion of material to be burned; Page 8 -29 10. "Open burning" means the burning of any matter in such manner that the products of combustion resulting from the burning are emitted directly into the open atmosphere; solid; Health and Sanitation 11. "Particulate matter" means any material that exists in a finely divided form as a liquid or a 12. "Person" means an individual or partnership, corporation, association, firm, company, organization, local or state governmental agency, or any other legal entity, or their representative, officer, agent or assigns; 13. "Refuse" means the inclusive term for solid waste products which are composed wholly or partly of such materials as garbage, sweepings, cleanings, trash, rubbish, litter, industrial solid or domestic solid waste, trees or shrub trees or shrub trimmings; grass clippings; brick, plaster or other waste resulting from the demolition, alteration or construction of buildings or structures; accumulated waste material, cans, containers, tires, junk or other such substances; 14. "Review board" means the Clean Air Review Board; 15. "Salvage operation" means any business, trade, industry or other activity conducted in whole or in part for the purpose of salvaging or reclaiming any product or material such as metals or chemicals; 16. "Smoke" means small gasborne or airborne particles resulting from combustion operations and consisting of carbon, ash, and other matter any or all of which is present in sufficient quantity to be observable; 17. "Sulfur compounds" means all inorganic or organic chemicals having an atom or atoms of sulfur in their chemical structure; and 18. "Trade waste" means solid, liquid or gaseous material resulting from construction; the prosecution of any business, trade or industry; or any demolition operation, including but not limited to, plastics, cartons, grease, oil, chemicals and cinders. (Prior Code, Sec. 13 -57) SECTION 8 -502 BUILDING PERMITS The building inspector's office shall not issue a permit for occupancy, erection, construction, reconstruction, alteration of any commercial, industrial or apartment house structure when the plans and specifications for such structure or occupancy include any fuel- burning or refuse - burning equipment, or any chimney or smoke stack until such plans and specifications have been submitted to the director of health for approval. Use of AGA approved equipment for heating or cooling shall be deemed to comply with the provisions of this chapter. No building permit shall be issued if the director of health finds that emissions from the building or structure will violate the provisions of this ordinance. Failure of the director of health to approve or reject such plans or specifications within ten (10) days shall be deemed approval. (Prior Code, Sec. 13 -58) SECTION 8 -503 LISTING OF DEVICES AND EQUIPMENT Upon written request of the director of health, all persons constructing or operating any article, machine, device, equipment or other contrivance or facility capable of causing or permitting emission of air contaminants into the atmosphere shall list equipment set out above with the director of health. Such list shall include information as to the ownership, location, design, construction, installation, operation, alteration of any article, machine, device, equipment, contrivance or facility and information concerning Page 8 -30 SECTION 8 -504 INSPECTION SECTION 8 -506 RIGHT OF REVIEW SECTION 8 -507 VARIANCES Health and Sanitation the general composition of all affluents to the atmosphere and such other pertinent information deemed necessary by the director of health. (Prior Code, Sec. 13 -59) The director of health after proper identification may enter and inspect any building premise, premises or other place for the purpose of determining compliance with this chapter. (Prior Code, Sec. 13 -60) SECTION 8 -505 RULES AND REGULATIONS The city council may prepare standards, rules and regulations which they deem necessary to protect the public health and safety and to carry out the requirements of this chapter after due consideration of the recommendations and advice of the city council of the city. Such standards, rules, and regulations shall be recommended to the city council of the city for their adoption. (Prior Code, Sec. 13 -61) A. There are hereby created two (2) positions on the Tulsa City-County Clean Air Review Board. Both shall be appointed by the city council and serve two -year terms. Each shall be a bonafide resident of the city who has an interest in air pollution problems. B. When, in the opinion of the director, a violation of Section 8 -511 or Section 8 - -512 exists, he may by conference, conciliation and persuasion endeavor to the fullest extent possible to eliminate such violation. In case of the failure by conference, conciliation and persuasion to correct or remedy any claimed violation the director may cause to have issued and served personally or by registered mail upon the person complained against a written order. The order shall specify the provisions of the chapter alleged to be violated, the facts alleged to constitute a violation thereof and shall order the necessary corrective action to be taken within a reasonable time to be prescribed in such order. Any such order shall become final and enforceable unless the person or persons named therein request in writing a hearing before the board of review no later than fifteen (15) days after the date such order is served. The notice of hearing shall be delivered in person or by registered mail, to the alleged violator or violators not less than ten (10) days before the time set for the hearing. C. The respondent to the order may file a written answer thereto and may appear at such hearing in person or by representative, with or without counsel, and may make oral argument, offer testimony or cross - examine witnesses in support of the complaint or take any combination of such actions. In all proceedings before the board of review with respect to any alleged violation of this chapter the burden of proof shall be upon the director. D. The board of review shall make such final determination as it shall deem appropriate under the circumstances and the board of review shall request the director of health to issue a final order in accordance with its findings. The director shall notify the respondent thereof in writing by registered mail. (Prior Code, Sec. 13 -72) Any person seeking a variance from this chapter shall do so by filing a petition for variance with the director of health. The director shall promptly investigate such petition and make a recommendation to the board of review as to the disposition thereof. Upon receiving the recommendation of the director, the board of review shall set a date for public hearing thereon and shall prescribe the length and type of notice to be given by the petitioner. Such hearing shall be held as provided above, except the burden of Page 8 -31 Health and Sanitation proof shall be on the petitioner. The board of review may grant individual variances beyond the limitations prescribed in this chapter. (Prior Code, Sec. 13 -73) SECTION 8 -508 EMISSIONS TO CONSTITUTE NUISANCE No person shall cause or allow the discharge, emission or release into the atmosphere from any source whatsoever of such quantities of air contaminant or other material as may cause injury, endanger health, damage property, or affect public health, well being or safety. Such quantities shall be deemed a public nuisance and subject to penalty as hereinafter provided. (Prior Code, Sec. 13 -74) SECTION 8 -509 CONTROL OF OPEN BURNING A. It is the purpose of this regulation to establish controls on the open burning of combustible material to prevent undesirable levels of air contaminants in the atmosphere. B. No person shall dispose of refuse or trade waste by open burning, or cause or permit such disposal except as provided below. C. In areas where no public or commercial refuse collection service is available by the effective date of this regulation, the open burning of refuse on residential premises or of refuse originating in dwelling units on the same premise shall not be in violation of this regulation until such refuse collection service becomes available or until one year from the effective date of this regulation, whichever is sooner. Regardless of provisions of Subsection B of this section, open burning of refuse on residential premises or refuse originating in dwelling units on the same premises shall not be a violation of this regulation in areas of low population density. The director of health, after consultation with public agencies concerned with refuse collection and disposal, shall select and publish the specific boundaries of areas in which such open burning of refuse will not be in violation of this chapter. In selecting such areas, he shall use a density of one dwelling unit per ten (10) acres as an approximate definition of areas of low population density. The director of health shall select and publish revised boundaries, as described above, from time to time as population and density changes. 1. Campfires, bonfires, out -of -door cookers and fires used solely for recreation purposes or for ceremonial occasions shall be permitted upon approval from the fire chief when any of such burning is not located within the fire zone of the city and woodburning fire places, in residential and dwelling units, used for heating, which are equipped with properly constructed flues, where the density of smoke therefrom is not darker than number two (2) of the Ringelmann Chart for a period of not more than twenty (20) minutes in any twenty-four (24) hour period; 2. Fires set or required by a public office for the abatement of nuisances and which are necessary and unavoidable in carrying out public health and safety function, shall be permitted upon approval from the fire chief and the director of health; and 3. The burning of fence rows, tree limbs, plant life, and other materials that would be difficult to dispose of may be burned upon approval from the fire chief and the director of health. D. No person shall conduct or cause to permit the conduct of a salvage operation by open burning. E. The open burning of trade wastes may be permitted when it can be shown that such open burning is necessary and in the public interest. Any person intending to engage in open burning of trade wastes shall file a request to do so with the director of health. The application shall state the following: 1. The name, address and telephone number of the person who submitted the application; Page 8 -32 Health and Sanitation 2. The type of business or activity involved; 3. A description of the proposed equipment and operating practices; the type, quantity and composition of trade wastes to be burned; wastes; (Prior Code, Sec. 13 -64) 4. The schedule of buming operations; 5. The exact location where open- burning will be used to dispose of trade wastes; 6. Reasons why no method other than open- burning can be used for disposal of trade 7. Evidence that the proposed open- burning has been approved by any fire department which may have jurisdiction; 8. Upon approval of the application by the director of health, the person may proceed with the operation without being in violation of this section; and 9. Any open burning permitted under provisions of this Subsection D of this section shall be permitted only between the hours 6:00 A.M., and 10:00 A.M. SECTION 8 -510 INCINERATORS A. It is the purpose of this section to establish controls for the construction and operation of incinerators, to prevent undesirable levels of air contaminants in the atmosphere, and maintaining compliance with any existing Fire Prevention Code of the city. B. No person shall cause, suffer, allow, or permit the discharge of smoke from an incinerator of a density darker than number one on the Ringelmann Chart or a visible emission of such an equivalent opacity as to obscure a certified visible emission evaluator's view to a degree greater than number one on the Ringelmann Chart. 1. Subsection B of this section shall not apply to: a. Visible emissions consisting of uncombined water droplets; b. Smoke, the density of which is not darker than number two (2) of the Ringelmann Chart for a period aggregating no more than six (6) minutes in any sixty (60) consecutive minutes or more than twenty (20) minutes in any twenty -four (24) hour period; or c. Any commercial business not complying with the regulations and restrictions of this chapter at the time of its passage, until ninety (90) days after the effective date of this chapter, after which time shall convert and fully comply with such regulations and restrictions provided by applicable sections of this chapter. C. No person shall cause or allow to be emitted into the open air from any incinerator equipment, fly ash or other particulate matter in quantities greater than shown in Figure 1. Solid fuels charged will be considered as part of the refuse weight, but No. 1 and No. 2 fuel oil and gaseous fuels and combustion air will not be so considered. Page 8 -33 Health and Sanitation D. After the effective date of this regulation, all incinerators shall meet the following provisions: 1. No incinerator shall emit into the atmosphere any air contaminant in quantities detrimental to health or property, or adversely affecting the use or enjoyment of property; 2. Two (2) copies of plans and specifications or manufacturers' descriptive literature, or both, if available, shall be filed with the director of health thirty (30) days prior to the installation, construction, reconstruction or alteration of any incinerator. The material so filed shall show the general location, design, capacity, amount and type of waste to be incinerated, fire chamber details, stack or chimney details and location with reference to neighboring properties; 3. All new incinerators shall be multiple- chamber incinerators, provided that the director of health may approve any other kind of incinerator if he finds in advance of construction or installation that such other kind of incinerator is equally effective for purposes of air pollution control as an approved multiple- chamber incinerator and it is provided with an auxiliary burner for the purpose of maintaining a temperature of at least 800° F in the primary combustion chamber; 4. It has a secondary burner for use when necessary to eliminate smoke; 5. It is a type of incinerator design that can be demonstrated to the director to be effective in accordance with the provisions of this regulation. The burden of proof shall rest upon the owner of the proposed incinerator; 6. Comply with generally recognized good practices and all applicable provisions of this regulation; and 7. Make full and proper use of all components and appurtenances thereof. E. The Ringelmann Chart published and described in the U.S. Bureau of Mines Information Circular 7718 or the U.S. Public Health Service Smoke Inspection Guide as described in the Federal Register, Title 42, Chapter 1, Subchapter F, Part 75 shall be used in grading the shade or opacity of visible air contaminant emissions. The director of health may specify other means of measurement which give comparable results or results of greater accuracy. The two (2) publications described in the subsection are hereby made a part of this regulation by reference. F. All existing incinerators shall meet all of the provisions of this section within twelve (12) months after the effective date of this regulation. (Prior Code, Sec. 13 -66) SECTION 8 -511 CONTROL OF AIR POLLUTION FROM SMOKE AND PARTICULATE MATTER A. It is the purpose of this section to establish air standards for the city in order to define and prevent undesirable levels of smoke and particulate matter. B. Requirements for control of smoke are as follows: 1. After the effective date of this regulation, the emission of smoke from any new combustion unit or from any type of burning in a combustion unit, including the incineration of industrial, commercial and municipal wastes, shall not be of a shade or density equal to or darker than that designated as No. 1 on the Ringelmann Smoke Chart, except that smoke emitted during the cleanings of a fire box or the building of a new fire, sootblowing, equipment changes, ash removal and rapping of 0 Health and Sanitation precipitators may be as dark as or darker than No. 1 on the Ringelmann Smoke Chart for a period or periods aggregating not more than six (6) minutes in any sixty (60) consecutive minutes; 2. All existing installations shall meet the provisions of Subsection 1 within twelve (12) months after the effective date of this regulation. In addition, the emission of smoke from any existing combustion unit or from any type of burning in a combustion unit, including the incineration of industrial, commercial and municipal wastes, shall be controlled so that the shade or appearance of the emission is not as dark as nor darker than No. 2 on the Ringelmann Smoke Chart, except that smoke emitted during the cleaning of a fire box or the building of a new fire, sootblowing, equipment changes, ash removal and rapping of precipitators may be as dark as or darker than No. 2 on the Ringelmann Smoke Chart for a period or periods aggregating not more than six (6) minutes in any sixty (60) consecutive minutes; 3. Within twelve (12) months after the effective date of this regulation, all safety flares and other similar devices used for burning in connection with pressure valve releases and for control equipment so as to reduce the smoke emissions so that the shade or appearance of the emission is not as dark as nor darker than No. 1 on the Ringelmann Smoke Chart for more than aggregate time of six (6) hours in any ten -day period, except for temporary emission during periods of startup and shutdown of continuous process units. The temporary emission shall not occur for more than six (6) hours of any twenty-four (24) consecutive hours; and 4. The Ringelmann Chart published and described in the U.S. Bureau of Mines Information Circular 7718 or the U.S. Public Health Service Smoke Inspection Guide as described in the Federal Register, Title 42, Chapter 1, Subchapter F, Part 75 shall be used in grading the shade or opacity of visible air contaminant emissions. The director of health may specify other means of measurement which give comparable results or results of greater accuracy. The two (2) publications described in this subsection are hereby made a part of this regulation by reference. C. No person shall cause, suffer, allow or permit emissions from any existing or new installation of a visible plume other than gray or black with an opacity equal to or greater than an equivalent opacity of No. 2 on the Ringelmann Smoke Chart, except uncombined water vapor and except that visible plumes emitted during rapping of precipitators, removal of collected dust and equipment changes may be equal to or greater than an equivalent opacity of No. 2 on the Ringelmann Smoke Chart for a period or periods aggregating not more than six (6) minutes in any sixty (60) consecutive minutes, nor more than six (6) hours in any 10 -day period. D. Control of particulate matter requirements are as follows: 1. Emission of particulate matter from fuel- burning equipment. The emission or escape into the open air of particulates resulting from the combustion of fuel in any fuel- burning equipment or from any stack connected thereto in quantities in excess of that indicated in Table 1 following this chapter or in Figure 2 is hereby prohibited; a. For a heat input between any two (2) consecutive heat inputs stated in the preceding table, maximum allowable emissions of particulate matter are shown on Figure 2 following this chapter; b. For the purposes hereof, heat input shall be calculated as the aggregate heat content of all fuels (using the upper limit of their range of heating value) whose products of combustion pass through the stack or chimney; c. When two (2) or more fuel- burning units are connected to a single stack, the combined heat input of all units connected to the stack shall be used to determine the allowable emission from the stack; Page 8 -35 (Prior Code, Sec. 13 -67) 2. Emission of particulate matter from industrial processes: a. General provisions. This regulation applies to any operation, process or activity except fuel- burning equipment or refuse- burning equipment; b. Process emission limitations. (1) Existing installations. Eighteen (18) months from and after the effective date of this regulation all existing installations must comply with the rates of emissions as specified in Table 2, following this chapter; (2) New installations. From and after the effective date of this regulation, all new installations must comply with the rates of emission as specified in Table 2; (3) No person shall cause, let, permit, suffer, or allow the emission from any general operation or general combustion operation of particulate matter from any emission point at a rate in excess of that specified in Table 2; c. Exception to emission limits. Health and Sanitation (1) Temporary emissions. Emission of particulate matter during periods of cleaning or adjusting process equipment shall not exceed one hundred fifty (150) percent of the limits as set forth in the above sections for a period or periods aggregating not more than six (6) minutes in any sixty (60) consecutive minutes. In those operations utilizing control devices which require regular intermittent cleaning, compliance with this regulation will be determined on the basis of the average hourly emission. d. Sampling and testing. (1) A person responsible for the emission of particulates from any source shall, upon written request of the director, make or have made at his own expense, tests to determine the quantity or quality or both. Alternatively, the person shall be reasonably cooperative with the director in securing such tests; (2) Emission tests relating to this regulation shall be undertaken by generally recognized standards or methods of measurements. Methods found in the current ASME Test Code for Dust Separating Apparatus, the ASME Power Test Code, the Code for Determining Dust Concentrations in Gas Streams and the Los Angeles County Source Testing Manual may be used, but these may be modified or adjusted by the director, in cooperation with the operator of the source, to suit specific sampling conditions or needs based upon good judgment and experience. Other methods found to produce reliable results and approved by the director may be used; (3) All tests shall be conducted, supervised or approved by a registered professional engineer. • A. It is the purpose of this section to establish emission standards for the city on sulfur dioxide, c SECTION 8 -512 CONTROL OF AIR POLLUTION FROM SULFUR COMPOUNDS sulfur trioxide, sulfuric acid, and hydrogen sulfide. B. No person shall cause or permit, from new installations, the emission of gas containing sulfur dioxide in excess of five hundred (500) PPM, sulfur trioxide or sulfuric acid or any combination thereof in excess of fifty (50) mg /m or hydrogen sulfide in excess of one hundred (100) PPM. engineer. C. Exceptions are as follows: 1. Temporary emissions of sulfur compounds during periods of startup and shutdown of continuous process operations, and during periods of inspections and periodic cleaning and maintenance of air control equipment, shall not exceed two hundred (200) percent of the limits specified in Section B for more than a twenty-four (24) hour period. 2. Upon the occurrence of an emergency, as defined in this chapter, the emitter shall notify the health department as to the nature and estimated duration of the emergency. The health department may waive the requirements of this chapter for a period up to seventy-two (72) hours. If the estimated or actual duration is greater than seventy-two (72) hours, the emitter shall apply for a variance according to this chapter. D. Sampling and testing. 1. A person responsible for the emission of sulfur compounds from any source shall, upon written request of the director, make or have made at his own expense, tests to determine the quantity or quality or both; 2. Emission tests relating to this section shall be undertaken by generally recognized standards or methods of measurements. From time to time the health department will publish sampling and testing guidelines. These procedures will be consistent with obtaining accurate results which are representative of the conditions being evaluated and will be subject to revision as experience or knowledge dictate; (Prior Code, Sec. 13 -68) Health and Sanitation 3. All tests shall be conducted, supervised or approved by a registered professional Page 8 -37 Health and Sanitation Page 8 -38 3 co 0 Health and Sanitation CHAPTER 6 AMBULANCE SERVICE DISTRICT ESTABLISHED Repealed. (Ord. No. 376, 1/19/88) Health and Sanitation