[HISTORY: Adopted by the Board of Health
of the Borough of Palmyra 5-4-1971 (Ch. 60 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe or unfit buildings — Ch. 86.
Uniform construction codes — Ch. 95.
Housing standards — Ch. 142.
Junkyards — See Ch. 153.
Land development — Ch. 158.
Property maintenance — Ch. 203.
Soil removal — Ch. 226.
Public health nuisances — See Ch. 288.
Retail food establishments — Ch. 292.
This chapter shall apply to:
A.
The partial or complete razing of a structure, where
a permit has been issued solely for demolition purposes or the demolition
is included in a building permit for new construction.
Baiting and the use of rodenticides shall be
undertaken within 14 days prior to the commencement of either demolition
or excavation in order to exterminate rats and prevent migration to
adjacent areas.
[Amended 7-14-1986 by Ord. No. 1986-15]
No demolition, excavation or construction shall
begin until the Board of Health for the Borough of Palmyra shall certify,
in writing, to the Construction Official that effective measures have
been taken to control rodents or that measures to do so are unnecessary.
[Amended 7-14-1986 by Ord. No. 1986-15]
A.
Where the Board of Health for the Borough of Palmyra
certifies that rodent control is not required but subsequently it
is determined that infestation does exist, the Board of Health shall
notify the owner to undertake immediate rodent control within seven
days from the date of the notice. Where the owner fails to comply,
the Board of Health shall issue a notice of violation. Such notice
shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being
issued.
(3)
Allow a reasonable time for the performance of any
act it requires.
(4)
Be served upon the owner or his agent or the occupant,
as the case may require, provided that such notice shall be deemed
to be properly served upon such owner or agent or upon such occupant
if a copy thereof is served upon him personally, or if a copy thereof
is sent by registered mail to his last known address, or if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by the notice, or if he is served with such notice by any
other method authorized or required under the laws of this state.
B.
Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
chapter and with rules and regulations adopted pursuant thereto.
C.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter,
or of any rule or regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the Board of Health,
provided that such person shall file in the office of the Board of
Health a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within 10 days after the
day the notice was served. Upon receipt of such petition, the Board
of Health shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing, the petitioner
shall be given an opportunity to be heard and to show why such notice
should be modified or withdrawn. The hearing shall be commenced not
later than 10 days after the day on which the petition was filed,
provided that, upon application of the petitioner, the Board of Health
may postpone the date of the hearing for a reasonable time beyond
such ten-day period if, in its judgment, the petitioner has submitted
a good and sufficient reason for such postponement. After such hearing,
the Board of Health shall sustain, modify or withdraw the notice,
depending upon its findings as to whether the provisions of this chapter
and of the rules and regulations adopted pursuant thereto have been
complied with. If the Board of Health sustains or modifies such notice,
it shall be deemed to be an order.
D.
Any notice served pursuant to this chapter shall automatically
become an order if a written petition for a hearing is not filed in
the office of the Board of Health within 10 days after such notice
is served. The proceedings at such hearing, including the findings
and decision of the Board of Health, shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the Borough Clerk. Such record shall also include a copy of every
notice or order issued in connection with the matter.
E.
Any person aggrieved by the decision of the Board
of Health may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the state.
F.
Whenever the Board of Health finds that an emergency
exists which requires immediate action to protect the public health
or safety, it may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as it deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately but, upon petition to the Board of Health, shall
be afforded a hearing as soon as possible. After such hearing, depending
upon its findings as to whether the provisions of this chapter and
of the rules and regulations adopted pursuant thereto have been complied
with, the Board of Health shall continue such order in effect or modify
it or revoke it.
Immediately prior to beginning demolition at
any site, all service pipes, conduits and sewer laterals entering
the site, whether in use or not, shall be securely capped, using standard
pipe plugs of the same material as the pipe.
[Amended 7-14-1986 by Ord. No. 1986-15]
When the Construction Official determines that
a structure or a portion thereof is in danger of collapse and so notifies
the Board of Health, the requirements for rodent control prior to
demolition of the structure may be waived and the permit so noted.
Recommended effective rodenticides and baits
are as follows. The Board of Health for the Borough of Palmyra may
remove from or supplement this list with any effective rodenticide
and/or bait or effective extermination measure.
A.
Red squill. Red squill used shall be fortified to
LD50 (dose which is lethal to 50% of rodents). It shall have a toxicity
of 500 mg-kg (milligrams of poison per kilogram of rat body weight).
Poison shall be mixed at 10% by weight of bait.
B.
Zinc phosphide. Zinc phosphide may be used only when
a tarter emetic (antimony potassium tartrate) is added. Six ounces
of tarter emetic to 16 ounces of zinc phosphide shall be used. Poison
shall be mixed at 1% by weight of bait.
D.
Baits.
(1)
All baits for poisons shall be grains or cereals.
(2)
A binder or attractant may be vegetable oils and/or
peanut butter, molasses or anise.
(3)
All poison baits shall be labeled "poison" when used
in either packages, paraffin wax containers or closed bait stations.
(4)
Anticoagulant poison water may be used if placed in
a secure bait station.
A sufficient amount of bait shall be placed
in the entire area or structure to obtain complete control and prevent
rats from migrating to other areas. All burrows and runways shall
be adequately baited.
Safety considerations shall be employed in the
selection of rat bait and the placement of such bait so as to minimize
hazard to the public, to children, to birds and to animals other than
rats.
A.
In open areas, such as fields or vacant lots, baits
shall be placed where birds, pets and children cannot reach them,
preferably in rat burrows.
B.
Rat burrows shall be closed after bait is placed in
them.
C.
Baits shall be placed in secure bait stations. They
shall be locked and secured to a stake, tree, etc.
D.
Open areas shall be posted with warning signs, "Warning
- Rat Poison Within Area," to warn persons who normally walk with
their pets or allow their children to play in the area.
E.
Bait shall be placed in rat burrows or in secure bait
stations on the inside of structures.
F.
In secure buildings where children and pets cannot
gain entrance, baits placed in labeled open containers are permissible.
G.
No meat or meat-flavored or fish or fish-flavored
baits shall be used.
[Added 7-14-1986 by Ord. No. 1986-15]
The Board of Health is hereby authorized and
empowered to make and adopt such written rules and regulations as
it may deem necessary for the proper enforcement of the provisions
of this chapter; provided, however, that such rules and regulations
shall not be in conflict with the provisions of this chapter nor in
any way alter, amend or supersede any of the provisions thereof. The
Board of Health shall file a certified copy of all rules and regulations
which it may adopt in its office and in the office of the Borough
Clerk.
[Added 7-14-1986 by Ord. No. 1986-15]
Any person, firm or corporation who or which
shall violate any of the provisions of this chapter shall, upon conviction,
be punished by a fine of not to exceed $200 or by imprisonment in
the county jail for a period of not to exceed 90 days, or by both
such fine and imprisonment, and each violation of any of the provisions
of this chapter and each day the same is violated shall be deemed
and taken to be a separate and distinct offense.
