[HISTORY: Adopted by the Borough Council of the Borough of
Jersey Shore as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-13-2009 by Ord. No. 7.13.2009]
As used in this article, the following terms shall have the
meanings indicated:
The control and elimination of insects, rats, rodents or
other pests by eliminating their harborage places, by removing or
making inaccessible materials that serve as their food or habitation
place, by poison spraying, fumigating, trapping or by any other approved
pest elimination methods.
Any of a number of small invertebrate animals usually of
the class Insecta or Hexapoda, with an adult stage marked by three
pairs of legs, a segmented body with three major divisions, and usually
two pairs of wings; also, for purposes of this article, to include
arachnids, bees, flies, ants, termites, and the like.
The presence, with or contiguous to a structure or premises,
of insects, rats, vermin and other pests.
A mammal of the order of Rodentia, such as a mouse, squirrel,
rat, and/or any other small animal that is destructive or harmful
to health, safety and welfare.
All interior and exterior property and/or premises shall be
maintained in a manner that said property and/or premises shall be
free from infestation of or by insects, rodents, vermin and the like.
The owner or occupant of any property or premises shall remove
all infestation by an approved extermination process that will not
be injurious to human health. In addition, if applicable and directed
by the Borough, said habitats of the infestation may be required to
be removed, for example, but not limited to garbage, standing water,
cushioned furniture and the like.
A.
Whenever the Borough determines there is a violation of this article,
notice shall be given in the following manner to both the owner and
the occupant.
B.
Form of notice. Notice shall be given as follows:
(1)
In writing.
(2)
Include a description of the property sufficient for identification.
(3)
Include a statement of the violation or violations and why the notice
is being issued.
(4)
Include a correction order allowing a reasonable time to make the
improvements or repair required to bring the premises or structure
into compliance with provisions of this Code.
(5)
Inform the property owner of the right to appeal.
(6)
Include a statement of the right to file a lien if the Borough is
forced to make such repairs or improvements.
C.
Method of service. Notice shall be deemed properly served if a copy
thereof is:
A.
Unlawful acts. It shall be unlawful for a person, firm or corporation
to be in violation of this article.
B.
Prosecution of violation. Any person failing to comply with a notice
of violation or order served in accordance with this article shall
be deemed guilty of a misdemeanor or civil infraction, as determined
by the Borough, and the violation shall be deemed a strict liability
offense. The Codes Officer is then authorized to institute the appropriate
proceeding at law or equity to restrain, correct or abate such violation.
Any action taken by the Borough shall be charged against the real
estate subject to the violation and shall be a lien against such real
estate.
C.
Violation penalties. Any person who shall violate this article shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$50 and not exceeding $600, plus costs and Borough attorney fees and,
in default of payment thereof, shall be subject to imprisonment for
a term not to exceed 30 days. Each day that a violation of this article
continues shall constitute a separate offense for calculation of fines.
