[HISTORY: Adopted by the Borough Council of the Borough of Collingdale 7-1-1968 by Ord. No. 394; amended in its entirety 10-5-1987 by Ord. No. 568 (Ch. 10, Part 4, of the 1987 Code of Ordinances). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- ACCESSORY STRUCTURE
- A detached structure which is not used or not intended to be used for living or sleeping by human occupants and which is located on or partially on any premises.
- BREEDING AREA
- Any condition which provides the necessary environment for the birth or hatching of vectors.
- COLLECTION OF WATER
- Water contained in ditches, pools, ponds, streams, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels, receptacles of any kind, or other containers or devices which may hold water.
- COVERED RECEPTACLE
- A container of metal, wood, heavy-duty plastic or synthetic material of solid construction, with a tight-fitting cover secured against wind and leakage.
- Department of Environmental Protection, Commonwealth of Pennsylvania.
- Fallen into partial ruin or decay.
- Storage, collection, disposal or handling of refuse.
- The control and elimination of vectors by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, fogging, larviciding, trapping or by any other recognized and legal vector control elimination methods approved by the local or state authority having such administrative authority.
- All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of food.
- Any place where vectors can live, nest or seek shelter.
- Any person over one year of age, living, sleeping, cooking or eating in or actually having possession of a dwelling unit or a rooming unit; in dwelling units, a guest will not be considered an occupant.
- Any person who, alone or jointly or severally with others, shall have:
- A. Legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
- B. Charge, care or control of any premises, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, trustee 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 and of the rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
- Any natural person, firm, partnership, association or corporation.
- All solid wastes, except human body wastes, and including handling of refuse.
- Glass, metal, paper, plant growth, wood or nonputrescible solid wastes.
- A rodent, arthropod or insect capable of transmitting a disease or infection, including, but not limited to, rats, mosquitoes, cockroaches, flies and ticks.
- A form of construction to prevent ingress or egress of vectors to or from a given space or building or gaining access to food, water or harborage including, but not limited to, ratproofing, flyproofing and mosquitoproofing.
It shall be unlawful:
For any person to deposit or to knowingly permit any person acting as agent, employee or servant of said person to deposit any refuse, offal, pomace, dead animals, decaying matter or organic substance of any kind in or upon any private lot, building, structure, accessory structure, premises or in or upon any street, avenue, alley, parkway, ravine, ditch, gutter or into any of the waters of the commonwealth so that the same shall or may afford food, harborage or breeding areas for vectors.
For any person to deposit or permit to accumulate in or upon any premises, improved or vacant, or on any open lot or alley any lumber, boxes, barrels, bottles, cans, glass, scrap iron, wire, metal articles, pipe, broken stone or cement, broken crockery, broken plaster or rubbish of any kind, unless the same may be kept in covered receptacles or placed on open racks that are elevated not less than 18 inches above the ground and evenly piled or stacked or unless disposed of in a manner approved by the DEP.
To maintain a junkyard or a place for the dumping or wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, in such a manner as to afford harborages or breeding areas for vectors.
To store refuse in containers other than covered receptacles, which shall be kept clean by rinsing and draining as often as necessary so as not to provide food or breeding areas for vectors.
To dump, burn, bury, destroy or otherwise dispose of refuse except at an approved refuse disposal site.
To collect, haul, transport or convey garbage in open, unenclosed, nonleakproof vehicles.
To construct, maintain or use a sewage system, privy, urinal, cesspool or other receptacle for human excrement so that vectors may have access to the excrementitious matter contained therein.
To have, keep, maintain, cause or permit any collection of standing or flowing water, except for agricultural or industrial purposes, in which mosquitoes breed or are likely to breed, unless such collection of water is treated or maintained so as effectually to prevent such breeding.
Every owner of a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof in such a manner as to prevent breeding areas and harborages for vectors.
Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for extermination within his dwelling unit. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodentproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.
Any dwelling, building, structure, accessory structure, premises or any other place shall be required to be vectorproofed when found to provide harborage or breeding areas for vectors, upon written notice at least five days prior to a hearing, and upon a hearing by the Borough Council with an opportunity for the owner to be present, to cross-examine witnesses, and to receive a written decision to be rendered within three days after the hearing, and with a court appeal.
It shall be unlawful for the owner, occupant, contractor, public utility company, plumber or any other person to remove and fail to restore in like condition the vectorproofing from any building, structure or accessory structure for any purpose.
A program plan and specifications for private vector control programs shall be required to be submitted by the owner to the Borough upon determination of the necessity by the Vector Control Program Director. Said determination shall be served on the owner personally or by certified mail. Within five days of said service, the owner may contest the necessity of the program by requesting a hearing to be conducted in accordance with § 566-4 of this chapter. Said program plan shall be submitted by the owner to the Borough Council within three days of notice. The program plan shall state the type of vectors to be controlled, the name of the company contracted to carry out the program, if any, and any and all work to be conducted in an effort to control said vectors. The Vector Control Program Director shall review the program plan, and if the plan is found to be inadequate or incomplete, additional information may be required as well as additional control methods. The owner may request a hearing on the Director's determination in accordance with § 566-4 of this chapter.
From and after passage of this chapter, the Borough and/or a representative of the vector control program is empowered to make periodic inspections of the interior and exterior of all dwellings, buildings, structures and accessory structures, premises, collections of water or any other places to determine full compliance with this chapter and to determine evidence of vector infestation and the need for vectorproofing or additions or repairs to existing vectorproofing.
Whenever it shall be determined by the Borough Council that any dwelling, building, structure, accessory structure, premises, collection of water or any other place is in violation of this chapter, a notice shall be issued setting forth the alleged violation(s) and advising the owner, occupant, operator or agent that such violation(s) must be corrected. The time for the correction of said violation(s) must be given as well as the necessary methods to be employed in the correction.
Whenever any violation(s) shall fail to be corrected within the time set forth, and an extension of time is not deemed to be necessary, the Borough may proceed to abate the violation(s) in the manner provided by law.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense.