Sec. 14-303.  Stagnant water.

 

(a)   Whoever shall build, erect, continue to keep up any dam or other obstruction in any river or stream of water in this state and thereby raises an artificial pond, or produce stagnant waters, which shall be manifestly injurious to the public health and safety, shall be guilty of an offense and the court shall, moreover, order every such offense to be abated or removed.

 

(b)   It shall be unlawful for any owner of any lot or parcel of land to leave an excavation upon the same exposed so as to catch and hold water, filth or any refuse matter.  Whenever the owner of any lot or parcel of land shall leave an excavation in violation of this section, it shall be the duty of the health director or designate to notify in writing such person to appear before the mayor and council at the next regular meeting thereof to be held not less than five (5) days after the service of said notice, and show cause if there be any, why he should not be required to fill said excavation with earth or sand.

 

(c)   If the owner of such lot or parcel of land resides in the city, the notice shall be served by delivering to him a copy thereof personally or by leaving the same at his residence.  If the owner shall not reside within the city, the notice may be served by delivering a copy to his resident agent.  If the owner shall not reside within the city and shall have no resident agent known to the board of health, the notice may be served by publishing the same one time in a newspaper printed in the city.

Cross reference--Nuisances, Ch. 17.

State law reference--Similar provisions, R.R.S. 1943, 28-1303.