[Adopted as Ch. 50 of the 1949 Code]
When used in this Article, the following words and terms shall have
the meanings indicated, unless otherwise expressly stated:
City Council.
Any building or premises used for business, commercial or industrial
purposes.
The Health Officer of the city.
Any building or premises used for human occupancy or dwelling.
[1]
Editor's Note: Former § 50-1, Title, which immediately preceded
this section, was deleted at time of adoption of Code, and this section amended
12-1-1986 by L.L. No. 1-1986.
The Health Officer is charged with the enforcement of the provisions
of this chapter. He shall have the jurisdiction and power to take such steps
as may be necessary to carry out the provisions of this chapter, as well as
any other orders and regulations of the Board of Health pertaining to the
general health. The Health Officer, or any duly authorized representative
appointed by him, shall have the power to examine into complaints and notices
concerning conditions dangerous or detrimental to life or public health and
may, when in his judgment imminent danger exists or is believed to exist,
enter into and examine premises, buildings, lots and enclosures where such
conditions are known or reasonably believed to exist. If such imminent danger
does exist, the Health Officer, or his representative, is empowered to take
such reasonable steps as may be necessary to protect life or public health
until removal or remedying of the condition causing the same can otherwise
be enforced.
No person shall interfere with or obstruct the entrance to any house,
building, vessel or other premises by the Health Officer, or his duly authorized
representative, in the discharge of his official duties; nor shall any person
interfere with or obstruct any inspection or examination by the Health Officer,
or his duly authorized representative, in the discharge of an official duty.
A.
Where specifically authorized in this chapter, the Health
Officer shall have the authority to remedy certain unsanitary conditions in
the manner following:
(1)
He shall serve written notice upon the owner, lessee
or occupant, or any person having care or control of the premises upon which
the condition to be corrected is located, to comply with the provisions of
the same.
(2)
If the person upon whom the notice is served fails, neglects
or refuses to comply with the provisions of the notice within forty-eight
(48) hours after the receipt thereof or if no person can be found in the city
who either is or claims to be the owner of such lot or land or premises upon
which such condition exists or is located or who either represents or claims
to represent such owner, the Health Officer shall cause such condition to
be corrected through the facilities of the Department of Public Works, if
available, otherwise through such facilities as he may select.
[Amended 7-2-1990]
B.
The actual cost of correcting such condition [minimum
charge of one (1) hour labor and one (1) hour equipment, plus materials],
plus five percent (5%) thereof for inspection and other costs in connection
therewith, shall be certified to the Board of Assessors and shall thereafter
become and be a lien upon the property whereon such condition exists or is
located and shall be added to and become a part of the taxes next to be assessed
and levied upon such lot or land and shall bear interest at the same rate
as taxes and shall be collected and enforced by the same officer and in the
same manner as taxes.
[Amended 12-1-1986 by L.L.
No. 1-1986]
A.
The Health Officer shall have authority to issue or renew
all licenses and permits required by this chapter.
B.
Applications therefor shall be made in writing to the
Health Officer upon forms to be provided by the City Clerk.
C.
Such license or permit shall issue only if and upon the
condition that:
(1)
No nuisance or danger to the public safety, comfort,
health or repose shall be occasioned by the purpose or activity for which
the license is requested.
(2)
The applicant therefor, his agents and employees, conform
to all laws and regulations pertinent to the purpose or activity for which
the license is requested, to include laws of the State of New York, provisions
of this chapter and such orders and regulations as the Board of Health may
promulgate for the preservation of life and health.
D.
The Health Officer, after notice and hearing, shall have
the authority to suspend or revoke any license or permit for breach of any
of the foregoing conditions after its issuance.
E.
Licenses or permits shall be nontransferable.
F.
Fees for licenses or permits shall be paid at the time
application therefor is made.
G.
Renewal licenses or permits shall be issued in the same
manner and subject to the same conditions as an original license or permit.
A.
Nothing in this chapter shall authorize or be deemed
to authorize any practice, method, requirement, rule or regulation pertaining
to health and sanitation which is less stringent than that established by
the laws of the State of New York, and whenever said state law may establish
any practice, method, requirement, rule or regulation more stringent than
that required by this chapter, said practice, method, requirement, rule or
regulation of the laws of the State of New York shall apply. This section
shall refer more particularly to the Public Health Law and Sanitary Code of
the State of New York, and such other state laws as delegate the authority
of enforcement to the local Health Officer.
B.
Further, the City of Watertown hereby specifically incorporates
by reference the following sections of the New York State Sanitary Code:
[Amended 12-1-1986 by L.L.
No. 1-1986]
(1)
Chapter I, Subpart 14-1, Service Food Establishments,
as modified by Subsections 14-1.190 and 14-1.192, as attached thereto.
(2)
Chapter I, Subpart 14-2, Temporary Food Service Establishments,
as modified by Subsection 14-2.2, as attached thereto.
(3)
Chapter I, Subpart 14-3, Retail Frozen Desserts, as modified
by Subsection 14-3.24, as attached thereto.
(4)
Chapter I, Subpart 14-4, Mobile Food Service Establishments
and Pushcarts, as modified by Subsection 14-4.190, as attached thereto.
(5)
Chapter I, Subpart 14-5, The Vending of Food and Beverages,
as modified by Subsections 14-5.180, 5.184, 5.185, 5.186, 5.188, 5.190, 5.191,
as attached thereto.
