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HomeMy WebLinkAboutO-850ORDINANCE NO. 1?S6 AN ORDINANCE TO AMEND ARTICLE II, SECTIONS 12-20, 12-21, 12-26, 12-27, 12-29, AND 12-33 OF THE CODE OF ORDINANCES OF THE CITY OF FAIRHOPE, ALABAMA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION I. The Code of Ordinances be and the same is hereby amended as to hereinabove enumerated sections under said Article II, as follows: ection 12-20 Definitions When used in this article and for the purposes thereof, the following terms shall be construed to mean and shall have the meaning assigned to them herein: Dwelling: a house, building, structure, or part thereof which is occupied in whole or in part as a home, residence or sleeping place for one or more human beings, either permanently or transiently. The term dwelling includes motor homes, mobile homes, recrea- tional vehicles and similar uses when occupied for living or sleeping purposes. Sanitary: When used in connection with or alluding to a system, method, or character of sewage disposal or to the type, capacity, construction, location, or condition of a water closet or septic tank or used for or in connection therewith shall in addition to its ordinary definition mean only such system, method or character of sewage disposal, and all appliances and appurtenances thereto which are used for or in connection with such purposes as are in accordance with the provisions of this article, or as are in accordance with regulations general and uniform in nature promulgated by the state board of health; provided, however, such definition shall not include privies or dry closet Septic tank: A watertight tank or receptacle used as a temporar, resorvoir for the purpose of receiving or deposit- ing the sewage, contents or drainage from a water closet and which is connected with a system of subsurface drainage or other outlet in such manner as will afford final disposal of such sewage, contents or drainage in a sanitary manner. Water Closet: A type of closet or receptacle normally contain- ing a portion of water into which human excreta will in the course of proper or ordinary use there of fall or be deposited and which water closet is connected to water under pressure and so construct and equipped that such excreta will be washed or carried by water flowing or caused to flow through the same at appropriate intervals into a sewer or other system of drainage or method used for the disposal of such excreta, sewage or contents in a sanitary manner. ON o SSd Q. � Section 12-21 Regulation and control (a) The state board of health, or its duly authorized rep- resentative or the Building Official of the City of Fairhope, is hereby empowered and directed to make such inspections and investigations and to take such legal steps as may be necessary to regulate and control the type, construction, capacity, location, use and maintenance of all toilets and water closets, and all appurtenances thereto or used in connection therewith in the city and its police jurisdiction, and it shall be unlawful for any person to use or main- tain in the city, or its police jurisdiction, any toilet or water closet or other method of sewage disposal not in accordance with the provisions of this chapter, or not in accordance with the regulations and specifications general and uniform in their nature promulgated by the board of health. (b) Further, the state board of health, its duly authorized representative or the Building Official of the City of Fairhope is hereby authorized to prohibit, as provided by law, the use or occupancy by human beings of any dwelling, building or structure or premises or part thereof not furnished or equipped with such sanitary facilities in good working order as are herein required and, furhter, such official is hereby authorized to order or cause inadequately equipped dewlling, building, structure or premises to be vacated. (c) Where buildings or premises are manifestly unsafe, constituting or likely to constitute a nuisance by reason of inadequate sanitary facilities, the Building Official of the City shall notify the owner or occupant of the premises in writing setting forth the conditions found in violation and reauiring that same be corrected within seventy-two hours from receipt of notice. Such notice shall be by one of the following means: 1 - Hand delivery to owner or occupant of premises. 2 - Posting prominently upon the premises 3 - Certified mail to last known address of owner or occupant. In the event that violation is not corrected within the prescribed and allotted time, the Building Official is hereby authorized to provide notice to owner or occupant, by similar means, that the City will, within 48 hours and in order to abate the continuing nuisance, cause the water supply to premises to be shut off at the meter. If, after 48 hours from delivery of notice, the violation still exists, the Building Official shall direct the water department to discontinue service until violation is corrected and all charges for water, as well as a reasonable charge for service call and reconnection has been paid. (Secs 12-22, 12-23, 12-24, $ 12-2S remain as is.) Section 12-26 RESERVED Section 12-27 RESERVED d'Jo. 8so J9` 3 Section 12-28 RESERVED Section 12-29 RESERVED Section 12-30 Same - buildings Other than dwellings. In all buildings or places other than dwellings where persons are employed or congregate, there shall be provided one separate water closet seat for each twenty (20) persons or fraction thereof, in which there shall be provided not less than six (6) feet of space per capita, but chemically treated portable state -approved toilet seats can be used for periods of construction not exceeding ninety (90) days. (Secs. 12-31 & 12-32 remain as is.) Section 12-33. Inspection of facilities. All water closets, septic tanks and other sanitary facilities or sewage disposal devices and appurtenances within the City of Fairhope shall be subject to inspection or investigation by the state board of health, its duly authorized representatives, or the Building Official of the City at all reasonable times and such officials shall have the right to enter into or upon all property, premises, buildings or structures for such purposes at all reasonable times. 11 SECTION II. In the event that any provision or application of this Ordinance shall be held to be invalid, it is the legislative intent that the other provisions and applications hereof shall not thereby be affected. SECTION III. This Ordinance shall take effect immediately upon its due adoption and publication as required by law. ' ADOPTED THIS loDAY OF ,1990. / - ,A4 ames P. Nix, Mayor Attest: a> Evely P. Phillips, Ci y Clerk v' O n. w 4 O° Z �o o a: Z VI 'v to Owo