§ 9-8-21. Nuisances.

A.

Prohibited. No person shall cause, keep or permit any material, substance or condition which is, or is likely to become, a public nuisance, by the emission of odors, fumes, dusts, vapors, or gases that are offensive, providing a harborage for mosquitoes or rodents, or which may imperil or affect the comfort, health or life of other persons. Any such person creating or maintaining such a nuisance within the city limits or within one mile thereof shall be guilty of a misdemeanor.

B.

Abatement. It shall be the duty of the health department, through the health officer, engineers, assistants, environmentalists or other employees, to serve notice in writing upon the owner, occupant or agent of any lot, building or premises in or upon which any nuisance or violation of this title, or regulations or orders of the health department may be found, or upon the person maintaining any nuisance, or aiding therein, requiring him or her to abate or correct the same in such manner as the health department shall prescribe, within a reasonable time. It shall not be necessary in any case for the health officer to specify in his or her notice the manner in which a nuisance shall be abated, unless he or she shall deem it advisable so to do. Such notice may be given or served by engineers, assistants, environmentalists or other employees of the health department, as well as by the health officer. If the person to whom such notice is lawfully directed shall fail, neglect or refuse to comply with the requirements of such order, within the time specified, he or she shall be guilty of a misdemeanor, and each day's violation shall constitute a separate offense. Upon the failure of such person to comply with such requirements, it shall be the duty of the department of health, whenever public necessity requires it, to proceed at once, upon the expiration of the time specified in such notice, to cause such nuisance to be abated.

C.

Whenever the owner, occupant or agent of any premises or person maintaining or aiding in the maintenance of a nuisance is unknown or cannot be found, the department of health shall proceed to abate the nuisance without notice.

D.

In the event any nuisance is abated by the department of health, it shall keep an itemized account thereof and shall certify a bill thereof to the city attorney, whose duty it shall be to collect the same according to law.

(Code 1967, §§ 32-31, 32-32; Code 1985, § 16-27; Ord. No. 837, § 2, 1-12-1971; Ord. No. 1227, § 1, 4-4-1972)

State law reference

Nuisances, T.C.A. § 29-3-111.

Charter reference

Authority to define and prohibit nuisances, § 410; condemnation and abatement of nuisances, § 411.