[HISTORY: Adopted by the Common Council of the City of Hornell: Art. I, 9-11-1972 (Art. III of Ch. 13 of the 1970 Municipal Code); Art. II, as Sec. 16-14 of Ch. 16 of the 1970 Municipal Code. Section 222-5 amended and 222-7 added at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
Article I General Provisions
Article II Poisons
[Adopted 9-11-1972 (Art. III of Ch. 13 of the 1970 Municipal Code)]
The following definitions shall apply only in the interpretation and enforcement of this Article:
- Any building or structure which is wholly or partly intended to be used for living or sleeping by human occupants, and includes appurtenances attached thereto.
- DWELLING UNIT
- Any room or group of rooms located within a dwelling forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
- The control and elimination of rodents, insects, vermin or other pests by eliminating their harborage places; by removing and making inaccessible materials that may serve as their food and water; by poisoning, spraying, fumigating or trapping; or by any other elimination methods approved by the Health Officer.
- Animal or vegetable waste resulting from the handling, preparation, cooking or consumption of food and also combustible waste material. The term shall also include paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings and other combustible materials.
- Improperly stored or handled containers, lumber, boxes, building materials, barrels, machinery, vehicles, raw materials and other such items that afford protection or nesting places for rodents, insects, vermin or other pests.
- The presence of any rodents, insects, vermin or other pests on premises.
- MULTIPLE DWELLING
- Any dwelling containing more than two dwelling units.
- NONDWELLING STRUCTURE
- Any structure, except a dwelling, used or intended to be used for the shelter or enclosure of any person, animal or property of any kind.
- 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 "occupant" of the part that is vacant.
- Any person who, alone or jointly or severally with others:
- A. Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
- B. Shall have the charge, care or control of any dwelling or dwelling unit as owner, lessee, mortgagee or vendee in possession or assignee of rents or as a receiver or an executor, administrator, trustee or guardian of the estate of the owner. Any agent for any of the above shall be bound to comply with the provisions of this Article to the same extent as if he were the "owner."
- Includes any individual, family, firm, public or private corporation, municipality, association, trust, estate or private corporation, partnership or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- A parcel of land, with or without a dwelling or nondwelling erected thereon, and includes any building, accessory structure or other structure thereon.
- RODENT STOPPAGE
- Preventing ingress and egress of rodents. It shall consist of blocking all passages which rodents are likely to use to enter or leave a dwelling with material impervious to rodent gnawing and shall be done in a manner considered proper and acceptable standards for building repairs.
- Noncombustible waste material; and the term shall include the residue from the burning of wood, coal, coke and also tin cans, metals, mineral matter, glass, crockery, dust and other noncombustible matters.
The owners shall keep all dwellings, multiple dwellings, premises or commercial vehicles free from rodents, insects, vermin or other pests.
Whenever infestation by rodents, insects, vermin or other pests occurs or is caused by the failure of the owner to maintain a dwelling, building, premises or a vehicle in a rodentproof or reasonably insectproof condition, extermination shall be the responsibility of the owner.
When any building, premises or vehicle is subject to infestation by rodents, insects, vermin or other pests, the owner shall provide rodent stoppage.
When the Health Officer makes a determination that an area, building, multiple dwelling, premises or vehicle is infested with rodents, insects or other pests, he may order the owner to take such rodent extermination measures as the Health Officer considers necessary.
The owner of a multiple dwelling shall supply facilities or containers for clean, sanitary and safe storage and/or disposal of rubbish and garbage. Containers shall be animalproof, rodentproof and watertight and provided with a tight cover.
It shall be the responsibility of the owner to maintain free of actual or potential rodent feeding areas and harborages all communal, shared or public areas of dwellings and premises.
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of rodents, insects, vermin or other area pests therein or on the premises, and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested.
Every occupant of a dwelling or dwelling unit shall dispose of his garbage and rubbish in a clean, sanitary and safe manner by placing it in the facility or containers required by this Article.
Every occupant of a dwelling unit, when required to do so by the Health Officer, shall provide rodent stoppage within the unit occupied by him.
The occupant of any dwelling or premises other than a multiple dwelling shall supply facilities or containers for the clean, safe, sanitary storage and/or disposal of rubbish and garbage.
No person shall feed in the open any domesticated animals other than in a suitable container and in such a manner so as to prevent the scattering of food upon the ground or ground level which will or can provide food for rodents, insects, vermin or other pests.
The Health Officer shall have the power to inspect any and all premises covered by the regulations of this Article for the purpose of determining whether there is compliance with the terms of this Article. If the owner, occupant, agent, manager or other person in charge of the premises refuses entry to the representative of the Health Officer onto the premises for the purpose of making inspection, the Health Officer shall then have the power to obtain a search warrant through the proper court of law to effectuate the inspection.
Whenever the Health Officer determines that any dwelling, dwelling unit, nondwelling structure or premises fails to meet the requirements of this Article, he shall issue a notice setting forth the alleged failures and directing the owner, occupant or other person in charge to correct such failures. This notice shall be in writing and it shall provide for a reasonable time within which the violations must be corrected. Service of this notice shall be made either by mail or personally upon the owner, tenant, operator or any other person in charge of the premises. Where any of the above-named persons are unable to be found, service may be obtained by affixing to the premises a copy of the notice.
Upon notice of correction of the violations alleged or at the end of the period of time allowed for the correction of any violation alleged, the Health Officer shall reinspect the premises.
If, upon reinspection, it is determined that the violations have not been corrected, the owner, occupant or person in charge shall be either summoned to appear at a hearing before the Health Officer or the Health Officer may have a summons issued by the appropriate court of law charging the person with the violations of this Article.
An owner, occupant or person in charge of a premises, upon receipt of notice of an alleged violation of this Article, shall have the right to apply to the Health Officer for a hearing as to the alleged violations. Any request for a hearing shall be submitted to the Health Officer within the time period granted for the elimination of the alleged violations. A petition shall accompany the request for a hearing setting forth the aggrieved person's reasons for contesting the notice.
The Health Officer, after a hearing, may rescind or modify the notice of violations or direct that the original terms of the notice of violations be carried out.
The Health Officer may grant variances from any provisions of this Article or regulations made pursuant thereto when the Health Officer finds that there is a practical difficulty or undue hardship connected with the performance of any act required by this Article or regulation.
Any dwelling or nondwelling structure which is not reasonably rodentproof and any dwelling, nondwelling structure, or premises in which or on which there is an infestation of rats or mice or which contains uncontrolled feeding areas for rats or mice or offers actual or potential harborage for rats or mice shall constitute a nuisance detrimental to public health. Should any person fail to comply with a notice of violation and order of correction to suppress such violations, the Health Officer may declare the dwelling or nondwelling structure as unfit for human occupancy and order the premises vacated, and the Health Officer may enter upon the premises to which such vacation order relates and suppress such nuisance.
Each violation of this Article shall be punishable as provided in § 1-1 of the Code. Each day the violation is in effect it shall be deemed a separate offense.
[Adopted as Sec. 16-14 of Ch. 16 of the 1970 Municipal Code]
No person shall use or employ within the corporate limits of the city sodium fluoracetate, sodium fluoride or fluoroacetic acid, or any combination thereof, for the purpose of exterminating rodents, insects, vermin or any other pests without first having obtained written permission for the use of such poison or poisons from the City Health Officer and using such poison or poisons strictly in accordance with the rules and regulations prescribed by such City Health Officer for the use of such poisons.
All persons owning or possessing such sodium fluoracetate, sodium fluoride or fluoroacetic acid shall keep the same so as to prevent harm to persons or domestic animals.
Nothing herein contained shall prevent the use of other poisonous chemical compounds for the purpose of exterminating rodents, insects, vermin or other pests within the city.