As used in this article, the following terms shall have the
meanings indicated:
OCCUPANT
A person who uses or occupies a building structure, whether
as owner or tenant. A tenant who uses a part of a building structure
shall be deemed the occupant of that part of which he has actual or
constructive possession. The owner, agent, or other person having
custody or control of a building structure shall be deemed the occupant
of the part that is vacant.
OWNER
Includes the agent operating and managing the building structure,
as well as the legal owner.
PEST CONTROL OPERATOR
Any person, natural or artificial, who engages, with or without
compensation, in the act of controlling or exterminating rats, mice,
rodents, insects, vermin, arthropods, weeds, or other pests of mankind.
RODENT HARBORAGE
A place that provides shelter or protection for rodents and
favorable conditions for their breeding.
RODENTPROOFING
Preventing ingress and egress of rodents. It shall consist
of closing with material impervious to rodent-gnawing all openings
which may be reached by rodents.
[Amended 4-26-1976 by Ord. No. 566]
No person shall engage in pest control operations unless he
has a permit from the Health Officer of the Borough of Clifton Heights
authorizing him to do so. A permit shall not be issued to a person
who does not possess a license from the Commonwealth of Pennsylvania
to engage in pest control operations. This permit may be temporarily
suspended by the Health Officer of the Borough of Clifton Heights
if the holder violates any of the terms of this article or regulations
of the Board of Health, and it may be revoked upon serious or repeated
violations after a hearing by the Borough Council.
[Amended 4-26-1976 by Ord. No. 566]
Submission of plans to the Health Officer. A pest control operator,
upon contracting to rodentproof a building, shall submit to the Health
Officer, in duplicate, written plans or survey sheets of the work
to be done. The plans or survey sheets shall contain at least the
following information:
A. Occupant's, owner's and pest control operator's name
and address;
B. Approximate date rodentproofing is to be commenced; and
C. A description of the work to be done.
[Amended 4-26-1976 by Ord. No. 566]
A pest control operator, on completing the rodentproofing of
a building, shall immediately notify the Health Officer of that fact.
[Amended 4-26-1976 by Ord. No. 566]
The owner of a building shall cause his building to be rodentproofed
upon receiving written notice from the Health Officer.
The owner of a building which has been rodentproofed shall maintain
it in a rodentproof condition.
[Amended 8-15-1988 by Ord. No. 682]
Whenever it shall appear to the Health Officer that a dangerous
or insanitary health condition exists in a building by reason of rodent
infestation, he shall file with the Magisterial District Judge of
the Borough of Clifton Heights, who shall issue a complaint stating
the charges in that respect, and issue an order directed to the owner
of said building and any persons in possession thereof, requiring
them to show cause, at a time specified therein, why it should not
be determined that said condition is a health menace and a public
nuisance; the Health Officer shall cause copies of said order and
complaint to be served upon said owner and any persons in possession
of said building at least 10 days prior to said hearing; the owner
and persons in possession of said building shall have the right to
file an answer to the complaint and to appear in person, or otherwise,
and give testimony at the hearing; and any person desiring to do so
may attend such hearing and give evidence relative to the matter being
heard. The Magisterial District Judge shall, on the basis of the evidence
submitted at the hearing, determine whether or not such a building
constitutes a public nuisance by reason of rodent infestation. If
he determines that such building is a public nuisance by reason of
rodent infestation, he shall order said condition abated.
Whenever the Magisterial District Judge has determined that a building is so infested with rodents as to constitute a public nuisance as provided in §
250-20 of this article, the Magisterial District Judge shall have the authority to order the same abated by directing that said building be vacated and closed until it has been made rodentproof and may cause to be posted at each entrance to such building a notice with the following words therein: "This building is unsafe and its use for occupancy has been prohibited by the Health Officer." Such notice shall remain posted until the nuisance has been abated. It shall be unlawful for any person to remove such notice without written permission of the Health Officer or for any person to enter the building except for the purpose of rodentproofing the same or of demolishing the building. The Magisterial District Judge shall also have authority to order the abatement of said nuisance by directing the owner to cause the same to be made rodentproof and may provide that, if the owner fails to comply with said order, the Health Officer may cause the same made rodentproof, and the amount of the cost thereof shall be a lien against the real property upon which said building was or is situated. Said costs shall be placed upon the Borough's tax books against said property and may be collected and the lien may be foreclosed in the same manner as taxes and tax liens are collected and foreclosed or by suit as the Borough may determine.
No person shall remove or damage the rodentproofing material
of a rodentproofed building and fail to restore it or make new openings
and fail to rodentproof them.
[Amended 4-26-1979 by Ord. No. 566]
Whenever the Health Officer finds that a building is infested
with rodents, the Board of Health shall notify the occupant of the
building in writing of that condition and state the time allowed for
the eradication of the rodents. The time allowed shall not be less
than 15 days.
The occupant of a building shall maintain it in a rodent-free
condition.
[Amended 4-26-1979 by Ord. No. 566]
If the occupant fails to eradicate the rodents within the time
allowed, the Health Officer may cause them to be eradicated and charge
the cost to the occupant. If the building is occupied, the cost of
eradicating the rodents shall constitute a lien on property which
the occupant has on the premises where the work is done. If the building
is vacant, the cost of eradicating the rodents shall constitute a
lien on the premises themselves.
[Amended 14-26-1979 by Ord. No. 566]
In order to effect the intent and provisions of this article,
the Health Officer shall prepare and publish reasonable regulations
relating to pest control operations.