(A) (1) All buildings, lots and premises shall be kept free of infestation or harborage. The person in control shall not allow the accumulation of water, refuse, garbage or other harborage.
(2) Every occupant of a dwelling containing a single-dwelling unit shall be responsible for the extermination of insects, and/or rodents, 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 or her dwelling unit is the only one infested.
(3) Notwithstanding the foregoing provisions of this section, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent-proof or reasonable insect-proof condition, extermination shall be the responsibility of the owner.
(4) Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
(B) When any buildings, lots or premises are so infested, the person in control shall promptly utilize extermination measures in the manner prescribed by law, regulation or manufacturer’s directions; provided, however, that the extermination measures prohibited by federal, state or local law or regulation shall not be utilized, nor shall measures be used that that would be injurious to human health. After the infestation is eliminated, proper precautions shall be taken to prevent reinfestation.
(C) If the person in control of any buildings, lots or premises is notified in writing as provided and fails to comply with the provisions of this subchapter within ten days, the Mayor may cause such harborage to be removed or have such infestation abated. The actual cost of removal or abatement plus any other penalties or costs allowed by law in connection therewith, under any of the circumstances herein set out, shall become a lien upon the property from which such removal of harborage or abatement of infestation occurs.
(D) This section, insofar as possible, shall be harmonized with the requirements of the contemporaneously considered IPMC, if adopted. Nothing in this section shall be construed to reduce or limit the requirements on property owners or occupants under the IPMC, nor to limit the remedies available therein. Further, the remedies available hereunder shall be available in addition to those set forth in the IPMC and nothing contained in the IPMC shall limit the enforcement of this section.
(E) The conduct prohibited herein shall be considered a nuisance and subject to abatement and enjoinment of said nuisance.
(Ord. 1568-19, passed 7-15-2019)