[CC 1984 §12.120]
For the purpose of this Chapter, the person responsible for
the condition of any premises is the person using or occupying the
premises, the person who by law is entitled to the immediate possession
of the same or, in case the premises are used and/or occupied by two
(2) or more tenants of a common landlord or from ground appurtenant
to a house occupied by two (2) or more tenants of a common landlord,
then the landlord; provided that in case the premises are occupied
by a tenant under a yearly or monthly tenancy or under a lease for
not more than one (1) year or under any lease whereby the lessors
expressly or impliedly obligated to keep the premises in repair and
the collection of standing or flowing water in which mosquitos breed
or are likely to breed is owing to the disrepair of the building or
buildings or to any natural quality of the premises or to any condition
that exists at the time when the tenant entered into possession or
to anything done on the premises by the landlord during the existence
of the tenancy or lease, then, in such case, the landlord is the person
responsible; provided further, that any person who has caused to exist
on any premises of which he/she is not the owner, landlord, occupant
or tenant any collection of water in which mosquitos breed or are
likely to breed is responsible as well as the owner, landlord, tenant
or occupant, as the case may be.
[CC 1984 §12.140]
In case of a nuisance involving the breeding of mosquitos, written
notice shall be given by the Chief of Police to the party responsible
for the condition and said party will have three (3) days from date
of notice to abate said condition. The continuance of said condition
beyond said three (3) day period shall constitute a separate and distinct
offense for each day said condition is allowed to exist. Upon failure
of the part responsible to abate said nuisance within said three (3)
day period, the Chief of Police is hereby authorized to take appropriate
steps to abate said nuisance.
