[HISTORY: Adopted by the Borough Council
of the Borough of Upland 4-6-1982 by Ord. No. 2-1982 (Ch. 52 of the 1969
Code). Amendments noted where applicable.]
The title of this chapter shall be known as
the "Uniform Vector Control Ordinance."
The purpose of this chapter is to protect the
public health, safety and general welfare by:
A.
Preventing or controlling the spread of vectorborne
disease.
B.
Averting the blighting affects which the presence
of vector infestation places on an affected neighborhood, including
undermining the desirability of housing, causing decline in property
value and contributing to the image of an environmentally unfit area.
C.
Facilitating the services of the Joint Vector Control
Program staff by making more uniform municipal regulations concerning
vector control.
As used in this chapter, the following terms
shall have the meanings indicated:
The control and elimination of vectors by eliminating harborage
areas, by removing food sources or making them inaccessible, by poisoning,
spraying, fumigating, trapping or any other legal vector elimination
method which is not injurious to human health or the safety of domestic
animals.
The animal and/or vegetable waste resulting from the handling,
preparation, cooking, serving or nonconsumption of food.
The presence of vectors within or contiguous to a structure
or premises.
The Municipal Health Inspector, a staff member of the Joint
Vector Control Program and/or any other persons authorized, in writing,
by the governing body of Upland to conduct inspection and administrative
procedures to enforce the provisions of this chapter.
All large items of rubbish, including but not limited to:
Any person living, sleeping, cooking or eating in or actually
having possession of a dwelling unit or a rooming unit, except that
in dwelling units a temporary guest will not be considered an occupant.
Any person who, alone or joint-severally with others:
Shall have legal title to any premises, dwelling
or dwelling unit, with or without accompanying actual possession thereof;
or
Shall have charge, care or control of any premises,
dwelling or dwelling unit, as owner or agent of the owner, or an executor,
administrator, trustee, assignee of rents or guardian of the estate
of the owner. Any such person thus representing the actual owner shall
be bound to comply with the provisions of this chapter to the same
extent as if he were the owner.
Any individual, business, firm, corporation, association
or partnership.
All areas of a property, including all interior, exterior,
grounds and yard spaces.
Solid wastes other than garbage, consisting of either:
Any man-made construction or building which is located on
any part of the premises.
Any area which is located within 1,000 feet of either:
An organism which, either directly or indirectly, via microorganisms
which it carries, can transmit disease to man. For the purposes of
this chapter, the term vector shall ordinarily but not exclusively
refer to rodent, insect or vermin species.
Any area, interior or exterior, where vectors can live, nest,
breed or seek any form of shelter.
Describing a form of construction which prevents the ingress
or egress of vectors to and from a given space or structure or which
prevents vectors from gaining access to food, water or harborage.
A.
Inspection procedures shall be conducted by the Inspection
Officer.
B.
The Inspection Officer shall be empowered to inspect
any structure or premises in Upland at any reasonable time. The Inspection
Officer is authorized to conduct the inspection on any part of the
premises, including any interior spaces.
C.
In the event that the owner or occupant refuses to
permit the Inspection Officer to inspect the premises, the Inspection
Officer shall obtain an administrative search warrant from the District
Justice of competent jurisdiction authorizing entry to the premises
in question.
D.
The Inspection Officer shall continue to inspect the
premises periodically, as he or she deems necessary, until he or she
has certified that the violation has been corrected.
E.
The Inspection Officer shall reinspect any premises
which has been previously cited for violating the terms of this chapter
within 180 days of the date on which the violation has been certified
as having been corrected.
[Amended 12-10-1996 by Ord. No. 9-1996]
F.
Inspection of specific types of land uses which are
prone to vector harborage shall occur regularly, as indicated below:
(1)
Commercial, industrial or institutional establishments
in which foodstuffs are sold, handled, processed or stored: semiannual
inspection.
(2)
Commercial, industrial or institutional establishments
in which large quantities of materials must be regularly located in
outside storage areas: semiannual inspection.
G.
Any owner or occupant within Upland may issue a complaint
requesting action by the Inspection Officer. The complaint must be
signed and in writing. The identity of the complainant shall be kept
confidential unless otherwise requested by the complainant or a court
of competent jurisdiction. Within 15 days of the receipt of the complaint,
the Inspection Officer shall indicate, in writing, the action taken
on the complaint.
A.
When the Inspection Officer has deemed any premises
in violation of this chapter, he or she shall issue a written notice
of violation to the owner and/or occupant, depending on the nature
of the violation, and shall require the owner and/or occupant to correct
the cited violation.
B.
The written notice of violation shall contain, at
a minimum, the following information:
(1)
Indicate the address and/or the location of the premises.
(2)
Describe all violations, including the date(s) on
which they were observed, and indicating where on the premises the
violations exist or were practiced.
(3)
At the discretion of the Inspection Officer, indicate
alternative techniques or practices which are satisfactory to correct
the cited violation.
(4)
Issue an order to correct and indicate the penalties
for noncompliance.
(5)
Specify a period of time by which the violation must
be corrected.
(6)
Carry the signature or a facsimile of the signature
of the Inspection Officer.
(7)
Indicate the name, office mailing address and office
telephone number of the Inspection Officer.
C.
The notice of violation shall be served upon the owner
of record or the occupant of the structure by any one of the following
methods:
(1)
Delivering the notice directly to the hands of the
owner or occupant or responsible person in his or her household who
will sign for him or her; or
(2)
Mailing the notice, or a copy thereof, by return-receipt
mail to the last known address of the owner or occupant; or
(3)
If the letter is returned showing that it cannot be
delivered, posting a copy of the notice in a conspicuous place in
or about the cited premises.
D.
The Inspection Officer shall certify to the correction
of the violation cited in the notice. Such certification, at a minimum,
shall consist of the Inspection Officer's signature and the date on
which the certification is made.
A.
Each day that a violation remains uncorrected after
the period stated for correction in the notice of violation shall
constitute a separate offense.
B.
All infractions of this chapter shall be deemed a
summary offense and shall be punishable by either:
(1)
In cases of a first offense, a fine not exceeding
$600 and, in addition, reimbursal for the cost of prosecution.
[Amended 7-12-1988 by Ord. No. 7-1988; 12-10-1996 by Ord. No.
9-1996]
(2)
In cases of a second offense within a twelve-month
period, a fine of not exceeding $600 and, in addition, reimbursal
for the cost of prosecution.
[Amended 7-12-1988 by Ord. No. 7-1988; 12-10-1996 by Ord. No.
9-1996]
(3)
In cases of a third offense within a twelve-month
period, a fine of not exceeding $600 and, in addition, reimbursal
for the cost of prosecution.
[Amended 7-12-1988 by Ord. No. 7-1988; 12-10-1996 by Ord. No.
9-1996]
(4)
In cases of more than three offenses within a twelve-month
period, a fine of $600 and, in addition, reimbursal for the cost of
prosecution.
[Amended 7-12-1988 by Ord. No. 7-1988]
(5)
In cases of default on the imposed fine, a period
of imprisonment not to exceed 30 days.
D.
In cases of extended noncompliance or in cases of
a clear and present danger to the health, safety or general welfare
of the citizenry, the governing body of Upland shall be empowered
to exercise any of the following actions, subject to adequate notice,
to the owner of the property:
(1)
Order the Inspection Officer to cause the immediate
vacancy of the cited premises by any and all individuals. The Inspection
Officer shall post in plain view a notice stating "unfit for human
occupancy" and requiring the vacancy of said premises until the violation
is corrected.
(2)
Order the correction of the violation by municipal
staff.
(3)
Engage a qualified contractor to correct the violation.
(4)
Authorize the condemnation and demolition of the cited
premises.
E.
Reimbursement for municipal costs incurred in the
correction of violations or in demolition shall be recouped from the
owner and/or occupant in any of the following ways:
A.
General requirements for all property owners.
(1)
The interior and exterior of all premises shall be
maintained in a clean and sanitary condition which shall prevent vector
harborage.
(2)
During construction activities, preventive measures
shall be taken which shall preclude vector harborage.
(3)
If vectorproofing materials are removed from a structure
during structural renovations, these materials shall be comparably
replaced.
(4)
Upon receipt of a notice of violation, proper techniques
of vectorproofing and/or extermination must be taken by the owner
to correct the identified violation. If continued reapplication is
necessary to correct the problem, the owner shall continue the extermination
techniques as determined by the Inspection Officer.
B.
General requirements of occupants and lessees.
(1)
Every occupant of a dwelling unit or a rooming unit
and every lessee of space of a commercial, office or industrial premises
shall be responsible to maintain said unit or space in a clean and
sanitary condition which shall prevent vector harborage.
(2)
Every occupant and lessee shall dispose of all garbage
and rubbish in a safe, clean and sanitary manner. Garbage must be
temporarily stored prior to its collection for ultimate disposal in
a tightly sealed, metal or heavy plastic container designed specifically
for this purpose. Garbage may not be stored in plastic garbage bags
unless they are placed in an acceptable container as described above.
Rubbish must be temporarily stored in a closed container.
(3)
An occupant or lessee shall be held responsible for
the extermination of vectors rather than the property owner when the
unit or space occupied by the occupant or lessee is the only one in
which infestation is detected on a multiple occupancy premises. However,
where infestation is found to be a direct result of owner neglect,
the owner shall be held responsible for extermination.
(4)
Upon receipt of a notice of violation, proper steps
must be taken by the occupant or lessee to correct the identified
violation. If continued reapplication is necessary to correct the
problem, the occupant or lessee shall continue the extermination techniques
as determined by the Inspection Officer.
C.
Building requirements.
(1)
All openings, including any openings for utility lines,
must be protected by vectorproof material, such as screening.
(2)
The walls, flooring, porches and basements of any
structure must be vectorproofed.
(3)
Every plumbing and waste pipe shall be properly maintained
in good sanitary condition in order to prevent a point of vector harborage
on the premises.
D.
Yard and grounds requirements.
(1)
The exterior spaces of all premises shall be kept
free of all accumulated garbage, rubbish and junk.
(2)
Firewood stacks shall be raised at least 12 inches
above ground level.
(3)
Any exterior spaces located in an urbanized area shall
be kept free of high grass or weed growth that may serve as a vector
harborage.
(4)
Any exterior space located in an urbanized area shall
be kept free of standing pools of stagnated water that may serve as
a vector harborage.
(5)
No material, including firewood or building lumber,
which may serve as a vector harborage shall be stored or stacked directly
against the exterior wall of any structure.
E.
Requirements for animal shelters. An animal shelter
for more than two animals must be properly and regularly sanitized
and fumigated as necessary in order to prevent vector harborage. Feed
materials must be stored within vectorproofed, sealed containers or
structures inaccessible to vectors.
Interpretation of the language of this chapter.
In interpreting the language of this chapter, the singular shall be
construed to include the plural, the masculine to include the feminine
and the present tense to include the past and future tense.
