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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.)
The director shall take such action as necessary to control rat populations on publicly owned property throughout the county; provided, that, for any property controlled by any agency, other than the county government, such agency shall be required to reimburse the county for the cost of rat control. (1971 L.M.C., ch. 48, § 1; 1972 L.M.C., ch. 16, § 13; 1981 L.M.C., ch. 4, § 1.)
This chapter shall not be deemed to repeal or modify or otherwise affect in any manner any other ordinance, resolution, law, rule or regulation of the county; provided, that wherever this chapter imposes more stringent regulations, restrictions, limitations or requirements, the provisions of this chapter shall prevail. Where any violation is also a violation of any other ordinance, resolution, law, rule or regulation of the county, enforcement shall occur under that ordinance, resolution, law, rule or regulation. (1971 L.M.C., ch. 48, § 1.)
The county executive is hereby authorized to adopt, under method (2) of section 2A-15 of this Code, and enforce such regulations as he may from time to time find necessary to adopt to carry out the purposes of this chapter to protect the public health, safety and welfare. (1971 L.M.C., ch. 48, § 1; 1984 L.M.C., ch. 24, § 42; 1984 L.M.C., ch. 27, § 26.)
Any violation of any provisions of this Chapter or regulations promulgated under this Chapter is a class B violation. Each day a violation continues to exist is a separate offense. Extermination or correction by the Director, at the cost to the owner, does not relieve the owner from prosecution for violation of this Section for failure to obey the orders of the Director of the Department of Health and Human Services. (1971 L.M.C., ch. 48, § 1; 1972 L.M.C., ch. 16, § 5; 1981 L.M.C., ch. 4, § 1; 1983 L.M.C., ch. 22, § 46; 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."