[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne 3-3-1994 by Ord. No. 608. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, except where the context or language clearly indicates or requires a different meaning:
- ACCESSORY STRUCTURE
- A detached structure which is not used nor intended to be used for living or sleeping by human occupants.
- 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, or other containers or devices which may hold water.
- Fallen into partial ruin or decay.
- The storage, collection, handling or discarding of refuse.
- A building or structure used for residential purposes.
- DWELLING UNIT
- One or more rooms in a dwelling having fixed cooking facilities, arranged for occupancy by one or more persons.
- The control and elimination of vectors by:
- All animal and vegetable waste resulting from the handling, preparation, cooking or consumption of the foods.
- Any place where vectors can live, nest or seek shelter.
- Any person in possession of dwelling unit, except that a guest will not be considered an occupant.
- Any person who, along or jointly with others:
- Any natural person, firm, partnership, association, corporation, company or organization of any kind.
- All solid and liquid waste, except body waste, and shall include garbage, ashes, rubbish, and other waste materials. Refuse shall not include recyclable materials stored and offered for collection in conformity with applicable Borough ordinances.
- Glass, metal, paper, plant growth, wood, or other solid waste not subject to putrefacation.
- A rodent, other animal, arthropod or insect capable of transmitting a disease or infection. Vectors shall include, but not be limited to, rats, mosquitoes, cockroaches, flies and ticks.
- A form of construction to prevent the ingress or egress of vectors to or from a given space or building, or to prevent vectors from gaining access to food, water or harborage.
No person shall deposit any refuse, body waste, vegetable matter, dead animals, decaying matter, or organic substance of any kind in or upon any lot, building structure, accessory structure, premises, street, avenue, alley, parkway, ravine, ditch, gutter, runs, creeks or bodies of water within or bounding the Borough of Lemoyne so as to afford food, harborage or breeding areas for vectors.
No person shall deposit refuse or permit refuse to accumulate in or upon any property, unless kept in approved covered receptacles or placed on open racks that are elevated not less than 18 inches above ground.
No person shall maintain a place for dumping, wrecking, disassembling, or storing automobiles, trucks, tractors or machinery, or the parts thereof, in such a manner as to afford harborage or breeding areas for vectors.
No person shall maintain a building, structure, machine or vehicle in a dilapidated condition such as to provide a harborage or breeding area for vectors.
No person shall store refuse in containers which are not durable, watertight and rust-resistant, and having a close-fitting lid, or in plastic bags which are durable and watertight. The lid must be kept on the container when in use, and plastic bags must be tied or otherwise secured. Containers must be kept clean by thorough rinsing and draining as often as necessary so as not to provide food or breeding areas for vectors.
No person shall dispose of refuse in a manner not in accordance with applicable Borough ordinances.
No person shall construct, maintain or use a sewage system, privy, urinal, cesspool or other receptacle for human excrement so that vectors may have access to the excrement contained therein.
No person shall have, keep, maintain, cause, or permit any collection of water in which mosquitoes breed or are likely to breed, unless such collection of water is treated or maintained so as to effectually prevent breeding.
Every owner of a building containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and appurtenant grounds thereof.
Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition those parts of the dwelling, dwelling unit and appurtenant grounds thereof that he occupies or controls.
Every occupant of a building containing a single dwelling unit shall be responsible for the extermination of insects or rodents on the premises. Every occupant of a dwelling unit in a building containing more than one dwelling unit shall be responsible for such extermination within his or her dwelling unit. If infestation exists in two or more of the dwelling units in any building, or in the shared or public parts of any building containing two or more dwelling units, extermination shall also be the responsibility of the owner. Penalties as provided in this Chapter 514 shall apply to any occupant or owner, or both, in violation of this subsection.
The Code Enforcement Officer or Health Officer of the Borough may require vector-proofing of any dwelling, building, structure, accessory structure, appurtenant grounds or other place in which the Officer finds to be providing harborage or breeding areas for vectors.
No owner, occupant, contractor, public utility company, plumber or any other person shall remove and fail to restore in like condition vector-proofing which has been ordered by the Code Enforcement Officer or Health Officer.
A property owner shall submit program plans and specifications for private vector control programs to the Borough as deemed necessary by the Code Enforcement Officer or Health Officer. The program plan shall be submitted by the owner of the property covered by the program. The program plan shall state the type of vectors to be controlled, the name of the company contracted to carry out the program, and all work to be conducted in an effort to control the vectors. The Code Enforcement Officer or Health Officer shall review the program plan and may require additional information or additional control methods if the Officer finds the program plan to be inadequate or incomplete.
The Code Enforcement Officer or Health Officer is empowered to make inspections of the interior and exterior of all dwellings, buildings, structures, and accessories structures, premises, collections of water, and any other places to determine full compliance with this chapter and to determine evidence of vector infestation and the need for vector-proofing.
Lack of compliance with this chapter shall constitute a nuisance.
Whenever it is determined that a dwelling, building, structure, accessory structure, space, collection of water, or any other place is in violation of this chapter, a written notice shall be issued by the Code Enforcement Officer or Health Officer setting forth the alleged violations and advising the responsible party or parties that such violations must be corrected. The notice may be served personally or by certified mail. The notice shall give necessary methods to be employed in correction of the violation and time for the correction, which time shall not exceed 30 days.
If the violations are not corrected within the time set forth in the notice, the Borough may proceed to abate the violations in the manner provided by law, which may include utilizing Borough employees or contracting for outside services. The owner or occupant shall reimburse the Borough for costs and expenses incurred in the abatement.
In the event the owner or occupant fails to reimburse the Borough within 30 days after demand for payment, charges shall thereafter constitute a lien upon the real estate subject to the abatement. Notice of the unpaid charges shall be filed in the Office of the Recorder of Deeds for Cumberland County, which filing shall be deemed notice of the lien.
Whoever violates any provision of this chapter shall be fined not exceeding $1,000 and the costs of prosecution. Each day's violation of any provision of this chapter shall constitute a separate offense. In default of the payment of such fine and cost, the person shall undergo imprisonment for a period of not more than 90 days.
If any sentence, clause, or section is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses or sections of this chapter. It is hereby declared as the intent of the Borough of Lemoyne that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.