§ 39-1. Definitions.
§ 39-2. Reserved
§ 39-3. Inspections by director; when warrants required; right of entry.
§ 39-4. Rat infestations prohibited; notice of violation; extermination by director; appeal from order of director.
§ 39-5. Public property.
§ 39-6. Effect of chapter on other laws and ordinances.
§ 39-7. Regulations.
§ 39-8. Penalties for violations.
Notes
| [Note] | *Cross reference-Vermin control in private schools and recreational camps, § 44-33. |
For the purpose of this Chapter, the following words and phrases have the following meanings:
Commercial exterminators: A private operator engaged in the business of rodent control and extermination.
Director: The Director of the Department of Health and Human Services or Director's designee.
Extermination: The elimination of all rats from a given area, generally accomplished by using poisons, gas or traps, as permitted by existing laws or regulations.
Harborage: Any condition which provides shelter or protection for rats, thus favoring their multiplication and continued existence on any premises. Harborage can be structural, incidental or temporary.
Infestation: The presence of one or more rats that have established residence in any given area. Observation of live rats, active rat burrows, rat droppings or rat runways or tracks shall be considered prima facie evidence of rat infestation.
Owner: Any owner, occupant, lessee, agent, operator, partnership, corporation or any other person or persons in custody of the premises as defined herein.
Premises: All buildings, land area, foliage, fences or other appurtenances found on any given piece of property.
Rat: Any of the domestic rodents order Rodentia, family Muridae. genus Rattus, subspecies Norwegicus or Rattus, Alexandrinus or Frugivorus.
Rat feeding: Any condition which provides food for rats, including but not limited to stored food, garbage, pet food, wild bird feed, vegetable gardens and fruit trees.
Ratproofing: Changing structural details and sealing openings to prevent or render more difficult the entry of rats into buildings. (1971 L.M.C., ch. 48, § 1; 1972 L.M.C., ch. 16, § 13; 1981 L.M.C., ch. 4, § 1; 1995 L.M.C., ch. 13, § 1.)
Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
The director is authorized and directed to take such actions as are necessary to identify and eliminate rat infestations and to require the correction of conditions contributing to rat infestations.
(a) The director is hereby authorized and empowered to enter onto any property in the county for the purpose of making inspections to determine the existence of a rat infestation. Prior to such inspection, the director shall give notice either orally or in writing of his intention to conduct an inspection and obtain the consent of the owner to the inspection. The director is empowered to enter property for inspection without prior notice where an emergency exists or the property is open to the public.
(b) If the owner refuses to consent to such inspection, the director shall, prior to any entry or inspection, obtain a warrant for such inspection. The warrant shall be obtained by a written application, signed and sworn to by the director, setting forth the purpose of the inspection and the address or location of the dwelling or property to be inspected. When, upon such application, it shall appear to any judge of the circuit court of Montgomery County or to any judge of the district court for Montgomery County or to any commissioner of Montgomery County that there is probable cause to believe that there is a violation of any provision of this chapter, then such judge or commissioner may forthwith issue a warrant directed to the director authorizing him to enter and inspect such property. The warrant shall state that any inspection made thereunder shall be made within thirty (30) calendar days from the date of issuance thereof; and after the expiration of such thirty-day period, the warrant shall be void. (1971 L.M.C., ch. 48, § 1; 1972 L.M.C., ch. 16, § 5; 1981 L.M.C., ch. 4, § 1.)
It shall be unlawful for any owner to allow his property to be infested with rats or to be in such condition as to contribute to existing or potential rat infestations.
(a) When the director of the department of health shall, by inspection, determine that a rat infestation exists or that conditions contributing to rat infestation exist, he shall give notice of such infestation or condition and shall issue an order of action to be taken. Such notice and order shall:
1. Be in writing.
2. Contain an outline of remedial action.
Such actions may include but are not limited to extermination, removal of food sources, removal of harborage and ratproofing of buildings.
3. Require that any remedial action by initiated within forty-eight (48) hours from the receipt, unless in the opinion of the director conditions require a lesser or greater period of time.
4. Allow a reasonable time thereafter for completion of the remedial action.
5. Be served upon the owner. A notice and order shall be deemed to be properly served if a copy thereof is delivered to him personally or if a copy thereof is sent by certified mail to his last-known address or address on the assessment records of the county; or if a copy thereof is posted in a conspicuous place in or about the property affected by the notice; or if he is served with such notice by any other method authorized under the laws of this state.
(b) If an owner, on whose property evidence of rat infestation exists, fails to initiate extermination of the rats within the time specified in the order from the director or fails to exterminate the rats within a reasonable time after initiating extermination, the director shall be empowered to enter upon such premises for the purpose of extermination of the rats; and the cost of extermination shall be a debt due to the county and shall be collected as other debts. The director is further empowered to contract with commercial exterminators for summary abatement of rodent infestations.
(c) The county board of appeals shall be empowered to hear testimony and decide all appeals taken from order or actions of the director under this chapter. Any persons aggrieved by an order or action of the director made under this chapter may appeal to the county board of appeals within ten (10) days of such order or action. Upon notice, after hearing, the board shall have authority to affirm, modify or reverse the order or action of the director. Such appeal shall not stay execution of the order or action unless the board, upon application, shall grant a stay for such order. (1971 L.M.C., ch. 48, § 1; 1972 L.M.C., ch. 16, § 13; 1981 L.M.C., ch. 4, § 1.)
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