The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any structure, whether public or private, that is adapted
for occupancy, for transaction of business, for rendering of professional
service, for amusement or for the performance of work or labor, including
hotels, apartment buildings, tenement houses, rooming houses, office
buildings, public buildings, stores, theaters, markets, restaurants,
grain elevators, abattoirs, warehouses, workshops, factories, and
all outhouses, sheds, barns and other structures or premises used
for business purposes.
The person that has the use of or occupies any business building
or a part or fraction thereof, whether the actual owner or tenant.
In the case of a vacant business building or any vacant portion of
a business building, the owner or other person having custody of the
building shall have the responsibility of an occupant of a building.
The actual owner of the business building, whether an individual,
partnership or corporation, or the agent of the building, or other
person having custody of the building or to whom the rent is paid.
In the case of business buildings leased with a clause in the lease
specifying that the lessee is responsible for maintenance and repairs,
the lessee will be considered the owner for the purpose of this article.
The elimination or extermination of rats within buildings
such that the buildings are completely freed of rats or there is no
evidence of rat infestation remaining, by any or all of the accepted
measures, such as poisoning, fumigation, trapping, clubbing, etc.
Any condition which provides shelter or protection for rats,
thus favoring their multiplication and continued existence in, under
or outside of a structure of any kind.
A form of construction to prevent the ingress of rats into
buildings from the exterior or from one building or establishment
to another. It consists essentially of treating all actual or potential
openings in the exterior walls, ground or first floor, basements,
roof and foundations that may be reached by rats from the ground by
climbing or burrowing with material impervious to rat gnawing.
The elimination or extermination of vermin within buildings
such that the buildings are completely freed of vermin or there is
no evidence of vermin infestation remaining, by any or all of the
accepted measures, such as poisoning, fumigation, trapping, etc.
Any condition which provides shelter or protection for vermin,
thus favoring their multiplication and continued existence in, under
or outside of a structure of any kind.
It shall be unlawful for the owner or occupant of any premises
within the City to maintain the premises in a vermin-infested or rat-infested
condition, or permit any such premises to become infested with vermin
or rodents.
No building or structure shall be erected, repaired, altered
or extended in this City unless provision is made for ratproofing
such structure.
[Amended 2-25-1997 by Ord. No. 1997-4]
A.
Assessment by Building Inspector; initial extermination.
(1)
It shall be unlawful to raze any building within the City until such
time as an assessment is made by the Building Inspector regarding
the possible infestation of rodents.
(2)
In areas where infestation has been determined, the Building Inspector
shall authorize the placement of a toxic material which has been approved
by the State Food and Drug Administrator, Pesticide Board, with a
suitable bait to be used.
(3)
The treated bait shall be placed in all structures to be demolished
so as to attract the greatest possible number of rodents, and in accordance
with best practices.
(4)
All extermination operations shall be in accordance with the rules
and regulations of the City and State Health Departments and shall
be considered complete when a certificate is presented confirming
no infestation and a subsequent inspection by the Building Inspector
has been conducted. The demolition must then take place within 30
days of the issuance of the permit.
B.
Maintenance.
(1)
One week (more or less, as directed) after the initial treatment,
the contractor shall start a program of maintenance to rid the structure
and adjacent areas of any remaining rodents and their carcasses and
to prevent their migration to other adjacent areas. The toxic material
should be an acute anti-coagulant pre-mixed bait and used with the
labeled and regulatory laws.
(2)
All visible carcasses of rodents shall be removed and disposed of
satisfactorily. The toxic bait shall be renewed whenever necessary
or directed throughout the maintenance period until the structure
has been demolished and, if applicable, until cellar holes have been
filled to the extent required.
[Amended 7-15-2008 by Ord. No. 2008-40]
A.
It shall be the duty of the Board of Health, through the Health and
Human Services Division, to cause an inspection of any premises in
the City which it has good reason to believe are not in a ratproof
condition.
B.
If such premises are found to be vermin-infested or rat-infested,
a notice in writing, bearing the date of issue and signed by the Board
of Health or Health and Human Services Division, shall be served upon
such owner or occupant. Such notice shall state the condition of such
premises and the required corrections.
C.
Any such notice may be served by any employee of the Health and Human
Services Division or Police Department or may be served by depositing
the notice, enclosed in a postpaid envelope addressed to the person
to be notified, in the post office of the City.
[Amended 7-15-2008 by Ord. No. 2008-40]
After the owner or occupant of any premises coming under the provisions of this article has been notified as provided in § 34-285 by the Board of Health or the Health and Human Services Division that such premises are vermin-infested or rat-infested, it shall be the duty of such owner or occupant to take immediate measures to remedy the condition.
It shall be unlawful for any person to remove, damage or destroy
any part of any building or other appurtenance of improved real estate
premises intended to protect such premises against ingress of rats,
or in any way to create a condition by which ingress for rats is made
possible; provided that this section shall not apply where the interference
with the ratproofing is made necessary in connection with a lawful
construction and is promptly restored.
No person shall throw, place or deposit or permit any person
under his control or employment to throw, place or deposit any putrid
substance, night soil, filth of any kind, garbage, rubbish, refuse
piles, old lumber or other rat harborage or any unwholesome material
in or upon any private lot or public ground within the City without
the consent of the Board of Health.
No person shall feed wild birds in any open space in any private
or public place. This section shall not prohibit the use on private
property of any device made and used solely for the purpose of dispensing
birdseed.
No person shall place food in the open for the feeding of any
domesticated fowl, birds or animals except in such containers as will
prevent the scattering of such food upon the ground. After such feeding,
such food shall not be allowed to remain where it is accessible to
rats.
