[HISTORY: Adopted by the Borough Council of the Borough of Media 12-18-1969 by Art. X of Ord. No. 568. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ERADICATION
The elimination of rodents or insects and other pest life from any building, lot or premises through the use of traps, baiting, fumigation or any other method of extermination approved by the Board of Health[1] and subject to applicable laws relating to poisonous substances and fumigants.
HARBORAGE
Any condition which provides shelter or protection for rodents, insects or other pest life.
PERSON IN CONTROL
The owner or part owner of a building, lot or premises, whether an individual, partnership or corporation, the agent or occupant of a building, lot or premises or any other person who has the use or custody of the same or any part thereof, whether an individual, partnership or corporation.
RODENTPROOFING
The treatment or shielding with material impervious to rodent gnawing of all actual or potential openings in the exterior and interior walls, ground or first floors, roofs, foundations, basements, sidewalk gratings and other places that may be reached by rodents from the ground by climbing or burrowing.
[1]
Editor's Note: The Board of Health of the Borough of Media was dissolved 12-15-2022 by Ord. No. 1157. It stated "To the extent any duties performed by the Board of Health are not assumed by the County Department of Health, such duties shall be assumed by the Borough Health Officer or the Borough Code Enforcement Officer or his or her designee."
All buildings, lots or premises in this borough shall be kept free from any condition conducive to rodents, insects and other pest life. The person in control shall not allow the accumulation of water, garbage, building material, brush, woodpiles or any other material which may afford harborage or provide food for rodents, insects or other pest life.
A. 
No person in control shall feed wild birds other than in suitable properly shielded containers for the food, installed in such a manner as to be inaccessible to rodents and to prevent the scattering of food on the ground.
B. 
No person shall place food in the open for the feeding of any domesticated fowl or animal except in a container which will prevent the scattering of the food upon the ground. Unconsumed food shall not be allowed to remain where it is accessible to rodents, insects or other pest life.
C. 
All garbage shall be wrapped. Garbage and waste material shall be placed in approved watertight containers with tight-fitting lids and stored in such a manner as not to create an attraction or harborage for rodents, insects or other pest life.
A. 
When any building, lot or premises is subject to infestation by rodents, insects or other pest life, the person in control shall apply continuous or repeated eradication measures as required by the Board of Health[1] until there is no evidence of an infestation remaining. No building shall be demolished until the Board of Health certifies the building and premises are free from the infestation of rodents, insects or other pest life.
[1]
Editor's Note: The Board of Health of the Borough of Media was dissolved 12-15-2022 by Ord. No. 1157. It stated "To the extent any duties performed by the Board of Health are not assumed by the County Department of Health, such duties shall be assumed by the Borough Health Officer or the Borough Code Enforcement Officer or his or her designee."
B. 
The Board of Health may, in its discretion, order the person in control of any inland swamp, pond, creek, lake, pool, sunken lot, quarry, abandoned excavation or any other place where stagnant water may collect to fill in or drain the same or to employ other methods to prevent the breeding of insects and other pest life.
A. 
Whenever conditions inside, outside or under any building or buildings or on any lot or premises provide harborage for rats, the Board of Health may require all or any one or more buildings or premises to be rodentproofed and harborages removed.
B. 
The person in control of a building or premises required to be rodentproofed shall maintain the rodentproofing in good repair. No person shall injure the rodentproofing. When the rodentproofing is injured in the course of making alterations, installations, additions or repairs to the building, the person in control shall restore the rodentproofing in good condition.
C. 
No person shall undertake to remodel or alter any existing building or portion thereof for the purpose of rodentproofing without first submitting plans for the approval of the Board of Health.
[Added 11-19-1992 by Ord. No. 846; amended 6-20-1996 by Ord. No. 904]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine not exceeding $1,000, plus costs of prosecution and, in default of payment of such fine and costs, to imprisonment for a period not exceeding 90 days.
A. 
Service and notice of violation. All written notices of violation of any provision of this chapter shall be deemed served:
(1) 
When delivered by hand to the alleged violator; or
(2) 
When regularly mailed to:
(a) 
The alleged violator, or his agent;
(b) 
The last-known residence of the alleged violator;
(c) 
The usual place of business of the alleged violator; or
(d) 
Any adult person in charge of the premises where the alleged violation exists.
B. 
Penalties and cease operations orders.
(1) 
In order to enforce penalties, the Board of Health (or Media Borough Agent acting officially therefor)[1] may, without further notice, issue a cease operations order setting forth the unpaid fines and/or court costs and cause the premises to be vacated of all employees, patrons and occupants until all such charges are paid.
[1]
Editor's Note: The Board of Health of the Borough of Media was dissolved 12-15-2022 by Ord. No. 1157. It stated "To the extent any duties performed by the Board of Health are not assumed by the County Department of Health, such duties shall be assumed by the Borough Health Officer or the Borough Code Enforcement Officer or his or her designee."
(2) 
Any cease operations order shall be posted at every entrance to the premises in conspicuous places clearly visible to the public and shall remain posted until removed by the Board of Health.
(a) 
The violator shall promptly notify the Board when payment has been made.
(b) 
When the Board is satisfied that no unpaid fines/costs remain, it shall remove every cease operations order which has been posted.
C. 
Appeals.
(1) 
From license denial or revocation. Any person whose application for any license has been denied, or whose license has been suspended or revoked, may appeal to the Borough Council, provided that such request for an appeal-hearing is made in writing within five working days from the receipt of such order.
(2) 
From penalties and/or cease operations order. Any person who is aggrieved by an order directed to him or requiring any action, forbearance, or in compliance from him, including respective payment of any penalties ascribed therein, may appeal to the Borough Council, provided that such request for an appeal-hearing is made in writing within five working days from the receipt of such order.
(a) 
Compliance with an order. While an appeal from an order is pending, compliance with such order shall be required unless the Board finds, and certifies in writing in such order, that compliance may be postponed until the adjudication of the subject appeal.
(b) 
Fines. Any fines assessed due to a violation ascribed in such order must be paid immediately, although an appeal from the order may be pending. In the case of a successful appeal, the amount of the fine(s) will be returned to the appellant within 10 working days of the adjudication of the matter(s).
(3) 
Once an appeal has been established, adjudicatory responsibilities exist with Borough Council. The borough must respond to the appellant with the scheduled date and time of the appeal-hearing within five working days. The Borough Council then has 10 additional working days in which to hear the appeal.
(a) 
Notification of appeal-hearing date and time shall be given to appellant, when and where possible, by both phone and mail.
(b) 
In case of unreasonable inconvenience or burden placed upon appellant due to the date and time of the appeal-hearing as originally scheduled by Borough Council, the appellant, upon receiving notification of the appeal-hearing, shall have two working days in which to request and receive an alternate appeal-hearing date and time.
(4) 
Upon completion of an appeal-hearing, Borough Council has 10 working days in which to adjudicate the disputed matter subject to the appeal-hearing and notify appellant as to the outcome and result of the adjudication.