[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.]
[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.
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.
Any dwelling containing more than two dwelling units.
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:
Shall have legal title to any dwelling or dwelling unit, with or without
accompanying actual possession thereof; or
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.
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.
A.
The owners shall keep all dwellings, multiple dwellings,
premises or commercial vehicles free from rodents, insects, vermin or other
pests.
B.
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.
C.
When any building, premises or vehicle is subject to
infestation by rodents, insects, vermin or other pests, the owner shall provide
rodent stoppage.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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]
A.
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.
B.
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.
C.
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.
