Sec. 15-16. Condemnation of wells and springs.
Whenever the city health officer is informed or learns that
any well or spring in the city may be in such condition as to
endanger the health of persons who use or may use water
therefrom, he shall immediately cause such spring or well to
be examined. If, after such examination, he shall be of the
opinion that the spring or well is in such condition as to endanger
the health of persons using or who may use water
therefrom, he shall serve a warning notice on those who are
liable to use the water and put a warning sign upon or near
such well or spring or other source of water and shall summon
the owner of the property or his agent, if he be a nonresident,
or his guardian or committee, requiring him to appear
before the judge of the municipal court, to show cause
why the spring or well should not be closed or put in safe
condition.
If, after hearing the case, it shall appear that the spring or
well is in such condition as to endanger the health of persons
using or who may use water therefrom, the judge of the
municipal court shall require such spring or well to be effectively
closed or made safe within a reasonable time to be fixed
by him. If the spring or well shall not be closed or made safe
within the time specified, the judge of the municipal court
shall summon the owner or his agent, if he be a nonresident,
or his guardian or committee, to show cause why such owner
should not be fined for failure to comply with such order and
to show cause why the spring or well should not be effectively
closed or made safe at the expense of the owner thereof.
If, at such hearing, no sufficient cause be shown for failure
to comply with such order, the owner of the spring or well
shall be punished as provided in section 1-5 for each day his
failure to comply with such order is continued and the judge
of the municipal court may further require such spring or
well to be effectively closed or made safe, at the expense of the
owner thereof. (Code 1959, § 15-16.)
