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CHAPTER 15-01

BOARD OF HEALTH AND HEALTH OFFICER. SECTIONS:

15-0101. Board of Health; Members; Powers; Health Officer and Designees.

15-0102. Duties of Health Officer, Designees.

15-0103. Regulations, Notice of.

15-0104. Power to Enter Building.

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15-0101. BOARD OF HEALTH; MEMBERS; POWERS; HEALTH OFFICER AND DESIGNEES. The Board of Health shall be the Board of Health of the Fargo Cass Public Health Department. The Board of Health shall have and exercise all powers under the law. The City Health Officer shall be the executive officer of such board. The City Council may appoint one or more assistant City Health Officers to aid the City Health Officer in the performance of his duty.

15-0102. DUTIES OF HEALTH OFFICER, DESIGNEE. The Health Officer and his/her designee, if any, shall have the following powers and duties:

1. Shall keep a record of the official acts of the local Health Officer.

2. Shall enforce every law and rule relating to the preservation of the life and health of individuals.

3. May make sanitary inspections of any place within the jurisdiction in which the local Health Officer finds a probability a health-threatening condition exists.

4. May investigate public water and ice supplies suspected of contamination and initiate necessary condemnation proceedings.

5. May enforce school cleanliness; inspect any school that may be overcrowded, poorly ventilated, or unsanitary; and when necessary, report cases of any unsanitary or unsafe school building to the Board of Health for investigation.

6. May take any action necessary for the protection of public health and safety.

7. May determine when confinement and decontamination are necessary for the safety of the public and may establish confinements consistent with procedures provided under N.D.C.C. Chapter 23-07.6 and perform any acts required for decontamination when necessary.

8. Shall report any reportable disease to the State Department of Health as required by law.

9. May request the assistance of a county sheriff or police department in the same manner as provided under N.D.C.C. 23-35-09(3).

15-0103.  REGULATIONS: NOTICE OF. The Board of Health shall give notice, as provided by the laws of the State of North Dakota, of all general orders and regulations made by such Board, by publishing the same in the official newspaper within the jurisdiction of the Board, which publication shall be deemed a legal notice to all persons.

15-0104. POWER TO ENTER BUILDING. Whenever the Health Officer or his/her designees, or the City Council shall deem it necessary for the preservation of the health of the inhabitants within the City, to enter any building within the City of Harwood for the purpose of examining into and destroying, removing or preventing any nuisance, source of filth or cause of sickness, and shall be refused entrance, the City Health Officer or his/her designees or any member of the City Council may make complaint under oath to the Disstric Court Judge of the Cass County, stating the facts in the case, so far as he has knowledge thereof. Such Judge shall promptly review such complaint and if such complaint is reasonably based in fact shall thereupon issue a writ of entry directed to the Sheriff of the Cass County, sheriff deputy or other peace officer, authorizing him to take sufficient aid and, accompanied by the Health Officer or his/her designees, or by at least one (1) member of the City Council of Harwood, between the hours of sunrise and sunset, enter said building to have such nuisances, sources of filth, or cause of sickness destroyed, removed or prevented under the direction of the City Health Officer or his assistant, or such member of the City Council as accompanied him.