(Added by Ord. No. 161,580, Eff. 9/12/86.)
(a) If pesticides are to be used on apartments, duplexes or other multi-family dwellings, then notice shall be provided to the tenant of the premises for which the work is to be done. The clear written notice shall contain the following statements and information using words with common and everyday meaning:
1. The pest to be controlled.
2. The pesticide or pesticides proposed to be used, and the active ingredient or ingredients.
3. City law requires that you be given the following information:
CAUTION – PESTICIDES ARE TOXIC CHEMICALS.
Structural Pest Control Operators are licensed and regulated by the Structural Pest Control Board, and apply pesticides which are registered and approved for use by California Department of Food and Agriculture and the United States Environmental Protection Agency. Registration is granted when the state finds that based on existing scientific evidence there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.
If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, contact your physician or poison control center (telephone number) and your pest control operator immediately. (This statement shall be modified to include any other symptoms of overexposure which are not typical of influenza.)
For further information, contact any of the following: Your Pest Control Operator (telephone number); for Health Questions—the County Health Department (telephone number); for Application Information—the County Agricultural Commissioner (telephone number) and for Regulatory Information—the Structural Pest Control Board (telephone number and address).
(b) In the case of fumigation applications, the notice, as prescribed by Subsection (a), shall be provided at least 48 hours prior to application unless fumigation follows inspection by less than 48 hours.
In the case of general pest or termite applications, the notice, as prescribed by Subsection (a), shall be provided no later than prior to application. In either case, the notice shall be given to the tenant in at least one of the following ways:
1. First-class mail.
2. Posting in a conspicuous place on the real property.
3. Personal delivery.
The notice shall only be required to be provided at the time of the initial treatment if a contract for periodic service has been executed. If the pesticide to be used is changed, another notice shall be required to be provided in the manner previously set forth herein.
(c) The owner of the premises shall give or cause to be given the notice as prescribed in Subsection (a) of this section.
If a structural pest control operator, field representative or employee provides a notice pursuant to California Business and Professions Code Section 8538, then the owner is not required to provide the notice to the tenant as prescribed by Subsection (a) of this section.
(d) Any person who violates any provision of this section is guilty of a misdemeanor.