[Ord. 1-1986, 2/20/1986; as amended by Ord. 2004-03, 5/20/2004, § 4]
As used in this Part 5, terms shall have the meanings indicated,
unless a different meaning clearly appears from the context:
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.
Any condition which provides the necessary environment for
the birth or hatching of vectors.
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.
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 Resources, 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 condition, structure, or improvement which shall constitute
a threat, or potential threat to the health, safety, or welfare of
the citizens of the Borough of Hummelstown.
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:
Legal title to any premises, dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
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 Part 5 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, rat-proofing, fly-proofing
and mosquito-proofing.
[Ord. 1-1986, 2/20/1986; as amended by Ord. 2004-03, 5/20/2004, § 4]
It shall be unlawful for any person to create or maintain any
condition upon that property which could directly or indirectly cause
a nuisance or health hazard to the citizens of the Borough of Hummelstown.
Specifically, it shall be unlawful and considered a nuisance and/or
health hazard:
1.
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.
2.
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 DER.
3.
To maintain a junkyard or a place of 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.
4.
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 for breeding areas for vectors.
5.
To dump, burn, bury, destroy, or otherwise dispose of refuse except
at an approved refuse disposal site.
6.
To collect, haul, transport, or convey garbage in open, unenclosed,
nonleakproof vehicles.
7.
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.
8.
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.
[Ord. 1-1986, 2/20/1986]
1.
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.
2.
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 rodent-proof or reasonable insect-proof 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.
[Ord. 1-1986, 2/20/1986; as amended by Ord. 2004-03, 5/20/2004, § 4]
1.
Any dwelling, building, structure, accessory structure, premises
or any other place shall be required to be vector-proofed when found
to provide harborage or breeding areas for vectors, upon written notice,
at least 10 days prior to a hearing, and upon 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 by the
Borough Council within 30 days after the hearing, and with Court appeal
thereafter as may be provided by law. Written notice of the hearing
shall be served personally upon the owner, occupant, if other than
the owner, or other person for the time being in charge of the premises,
or by registered or certified mail, or by conspicuously posting said
notice on or about the offending premises or structure.
2.
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 vector-proofing from any building, structure
or accessory structure for any purpose.
[Ord. 1-1986, 2/20/1986; as amended by Ord. 2004-03, 5/20/2004, § 4]
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 as provided and required for written notice in § 10-504, Subsection 1, of this Part. Within seven days of said service, the owner may contest the necessity of the program by requesting a hearing to be conducted in accordance with § 10-504 of this Part. Said program plan shall be submitted by the owner to the Borough Manager within seven 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 to control said vectors. The Vector Control Program Director shall review the control 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 § 10-504 of this Part.
[Ord. 1-1986, 2/20/1986; as amended by Ord. 2004-03, 5/20/2004, § 4]
1.
From and after passage of this Part 5, the Borough Police 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
Part, and to determine evidence of vector infestation and the need
for vector-proofing or additions or repairs to existing vector-proofing.
2.
Whenever it shall be determined by the Chief of Police, that any
dwelling, building, structure, accessory structure, premises; collection
of water, or any other places in violation of this Part, the Chief
of Police shall issue a written notice to be served personally upon
the owner, occupant, operator or other person for the time being in
charge of the premises, or by registered or certified mail, or by
conspicuously posting a notice on or about the offending premises
or structure.
Said notice shall specify the condition considered to be a hazard
and/or nuisance, setting forth the alleged violation(s), and advising
the owner, occupant, operator or other person for the time being in
charge of the premises to commence to remove or otherwise rectify
the conditions as set forth in the notice within 10 days of service
of said notice, and thereafter, to fully comply with the requirements
of the notice within a reasonable time stating further the necessary
methods to be employed in the correction.
3.
If the owner of the grounds, dwelling, building, structure, accessory
structure, premises or other place required to abate vector problems
does not comply with the notice to abate such conditions, within the
time limit prescribed, the Borough shall have the authority to take
measures to correct such conditions and collect the cost of such corrections
plus 10% of all costs. The Borough, in such event and pursuant to
its statutory or otherwise authorized police powers, shall have the
right to enter upon the offending premises at such time(s) as may
be necessary to correct the non-compliant condition, nuisance and/or
health hazard. In addition to any other remedies provided by law,
any costs of correction so incurred shall be filed as a lien upon
the real estate of the offender and shall be collected in the manner
provided by law for the filing and collecting of municipal claims.
When in the opinion of the Chief of Police, an emergency exists
on or in any premises or structure, posing an immediate threat and
endangering public health, safety, life or property, or any part thereof,
which requires immediate action to protect the public's health, safety,
life or property, or that of the occupants thereof, the Borough pursuant
to the statutory or other authorized police powers shall have the
right and power to enter immediately upon the offending premises and
cause the necessary work to be done to meet such emergency and render
the property, or any part thereof, safe and compliant with the requirements
of this Part.
[Ord. 1-1986, 2/20/1986; as amended by Ord. 2004-03, 5/20/2004, § 4]
Any person, firm or corporation who shall violate any provision
of this Part 5, shall, upon conviction thereof be sentenced to pay
a minimum fine of $50 and a maximum 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 Part 5 continues, shall constitute a separate offense.
