[HISTORY: Adopted by the Borough Council of the Borough of Marcus
Hook 1-4-1982 by Ord. No. O-82-1, approved 1-4-1982.
Amendments noted where applicable.]
The title of this chapter shall be known as the "Uniform Vector Control
Ordinance."
The purpose of this chapter is to protect the public health, safety
and general welfare by:
A.
Preventing or controlling the spread of vector-borne
disease;
B.
Averting the blighting effects which the presence of
vector infestation placed on an affected neighborhood, including undermining
the desirability of housing, causing decline in property value and contributing
to the image of an environmentally unfit area; and
C.
Facilitating the services of the Joint Vector Control
Program staff by making more uniform municipal regulations concerning vector
control.
A.
EXTERMINATION
GARBAGE
INFESTATION
INSPECTION OFFICER
JUNK
OCCUPANT
OWNER
(1)
(2)
PERSON
PREMISES
RUBBISH
STRUCTURE
URBANIZED AREA
VECTOR
VECTOR HARBORAGE or VECTOR SOURCE
VECTORPROOF
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
The control and elimination of vectors by eliminating harborage areas,
by removing food sources or making them inaccessible, by poisoning, spraying,
fumigating, trapping or any other legal vector elimination method which is
not injurious to human health or the safety of domestic animals.
The animal and/or vegetable waste resulting from the handling, preparation,
cooking, serving or nonconsumption of food.
The presence of vectors within or contiguous to a structure or premises.
The Municipal Health Officer, a staff member of the Joint Vector
Control Program and/or any other persons authorized in writing by the governing
body of the Borough of Marcus Hook to conduct inspection and administrative
procedures to enforce the provisions of this chapter.
All large items of rubbish, including but not limited to:
Any person living, sleeping, cooking or eating in, or actually having
possession of, a dwelling unit or a rooming unit, except that in dwelling
units a temporary guest will not be considered an "occupant."
Any person who, alone or joint-severally with others:
Shall have legal title to any premises, dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any premises, dwelling or dwelling
unit, as owner or agent of the owner, or as an executor, administrator, trustee,
assignee of rents or guardian of the estate of the owner. Any such person
thus representing the actual owner shall be bound to comply with the provisions
of this chapter to the same extent as if he were the owner.
Any individual, business, firm, corporation, association or partnership.
All areas of a property, including all interior, exterior, grounds
and yard spaces.
Solid wastes other than garbage, consisting of either:
Any man-made construction or building which is located on any part
of the premises.
Any area which is located within 1,000 feet of either:
An organism which, either directly or indirectly via microorganisms
which it carries, can transmit disease to man. For the purposes of this chapter,
the term "vector" shall ordinarily but not exclusively refer to rodent, insect
or vermin species.
Any area, interior or exterior, where vectors can live, nest, breed
or seek any form of shelter.
Describing a form of construction which prevents the ingress or egress
of vectors to and from a given space or structure or which prevents vectors
from gaining access to food, water or harborage.
B.
Interpretation of the language of the chapter. In interpreting
the language of this chapter, the singular shall be construed to include the
plural, the masculine to include the feminine and the present tense to include
the past and future tense.
A.
Inspection procedures shall be conducted by the Inspection
Officer.
B.
The Inspection Officer shall be empowered to inspect
any structure or premises in the Borough of Marcus Hook at any reasonable
time. The Inspection Officer is authorized to conduct the inspection on any
part of the premises, including any interior spaces.
C.
In the event that the owner or occupant refuses to permit
the Inspection Officer to inspect the premises, the Inspection Officer shall
obtain an administrative search warrant from the District Justice of competent
jurisdiction authorizing entry to the premises in question.
D.
The Inspection Officer shall continue to inspect the
premises periodically as he deems necessary until he has certified that the
violation has been corrected.
E.
The Health Officer shall reinspect any premises which
has been previously cited for violating the terms of this chapter within 180
days of the date on which the violation has been certified as having been
corrected.
F.
Inspection of specific types of land uses which are prone
to vector harborage shall occur regularly as indicated below:
(1)
Commercial, industrial or institutional establishments
in which foodstuffs are sold, handled, processed or stored: semiannual inspection.
(2)
Commercial, industrial or institutional establishments
in which large quantities of materials must be regularly located in outside
storage areas: semiannual inspection.
G.
Any owner or occupant within the Borough of Marcus Hook
may issue a complaint requesting action by the Inspection Officer. The complaint
must be signed and in writing. The identity of the complainant shall be kept
confidential unless otherwise requested by the complainant or a court of competent
jurisdiction. Within 15 days of the receipt of the complaint, the Inspection
Officer shall indicate in writing the action taken on the complaint.
A.
When the Inspection Officer has deemed any premises in
violation of this chapter, he shall issue a written notice of violation to
the owner and/or occupant, depending on the nature of the violation, and shall
require the owner and/or occupant to correct the cited violation.
B.
The written notice of violation shall contain at a minimum
the following information:
(1)
Indicate the address and/or the location of the premises.
(2)
Describe all violations, including the date(s) on which
they were observed and indicating where on the premises the violations exist
or were practiced.
(3)
At the discretion of the Inspection Officer, indicate
alternative techniques or practices which are satisfactory to correct the
cited violation.
(4)
Issue an order to correct and indicate the penalties
for noncompliance.
(5)
Specify a period of time by which the violation must
be corrected.
(6)
Carry the signature or facsimile of the signature of
the Inspection Officer.
(7)
Indicate the name, office mailing address and office
telephone number of the Inspection Officer.
C.
The notice of violation shall be served upon the owner
of record or the occupant of the structure by any one of the following methods:
(1)
Delivering the notice directly to the hands of the owner
or occupant or responsible person in his household who will sign for him;
(2)
Mailing the notice or a copy thereof by return receipt
mail to the last known address of the owner or occupant; or
(3)
If the letter is returned showing that it cannot be delivered,
posting a copy of the notice in a conspicuous place in or about the cited
premises.
D.
The Inspection Officer shall certify to the correction
of the violation cited in the notice. Such certification at a minimum shall
consist of the Inspection Officer's signature and the date on which the certification
is made.
A.
Each day that a violation remains uncorrected after the
period stated for correction in the notice of violation shall constitute a
separate offense.
B.
Any person violating any of the provisions of this chapter
shall, upon conviction thereof, be punishable for each offense by a fine of
up to the maximum amount provided from time to time by state statute.
[Amended 9-6-1988 by Ord. No. O-88-5,
approved 9-6-1988]
C.
In cases of extended noncompliance or in cases of a clear
and present danger to the health, safety or general welfare of the citizenry,
the governing body of the Borough of Marcus Hook shall be empowered to exercise
any of the following actions, subject to adequate notice to the owner of the
property:
(1)
Order the Inspection Officer to cause the immediate vacancy
of the cited premises by any and all individuals. The Inspection Officer shall
post in plain view a notice stating "unfit for human occupancy" and requiring
the vacancy of said premises until the violation is corrected;
(2)
Order the correction of the violation by municipal staff;
(3)
Engage a qualified contractor to correct the violation;
or
(4)
Authorize the condemnation and demolition of the cited
premises.
D.
Reimbursement for municipal costs incurred in the correction
of violations or in demolition shall be recouped from the owner and/or occupant
in any of the following ways:
A.
General requirements for all property owners.
(1)
The interior and exterior of all premises shall be maintained
in a clean and sanitary condition which shall prevent vector harborage.
(2)
During construction activities, preventive measures shall
be taken which shall preclude vector harborage.
(3)
If vectorproofing materials are removed from a structure
during structural renovations, these materials shall be comparably replaced.
(4)
Upon receipt of a notice of violation, proper techniques
of vectorproofing and/or extermination must be taken by the owner to correct
the identified violation. If continued reapplication is necessary to correct
the problem, the owner shall continue the extermination techniques as determined
by the Inspection Officer.
B.
General requirements of occupants and lessees.
(1)
Every occupant of a dwelling unit or a rooming unit and
every lessee of space of a commercial, office or industrial premises shall
be responsible to maintain said unit or space in a clean and sanitary condition
which shall prevent vector harborage.
(2)
Every occupant and lessee shall dispose of all garbage
and rubbish in a safe, clean and sanitary manner. Garbage must be temporarily
stored prior to its collection for ultimate disposal in a tightly sealed metal
or heavy plastic container designed specifically for this purpose. Garbage
may be stored in plastic bags, provided that they are not placed out for pickup
any sooner than 24 hours prior to regularly scheduled rubbish pickup.
(3)
An occupant or lessee shall be held responsible for the
extermination of vectors, rather than the property owner, when the unit or
space occupied by the occupant or lessee is the only one in which infestation
is detected on a multiple-occupancy premises. However, where infestation is
found to be a direct result of owner neglect, the owner shall be held responsible
for extermination.
(4)
Upon receipt of a notice of violation, proper steps must
be taken by the occupant or lessee to correct the identified violation. If
continued reapplication is necessary to correct the problem, the occupant
or lessee shall continue the extermination techniques as determined by the
Inspection Officer.
C.
Building requirements.
(1)
All openings, including any openings for utility lines,
must be protected by vectorproof material such as screening.
(2)
The walls, flooring, porches and basements of any structure
must be vectorproofed.
(3)
Every plumbing and waste pipe shall be properly maintained
in good sanitary condition in order to prevent a point of vector harborage
on the premises.
D.
Yard and grounds requirements:
(1)
The exterior spaces of all premises shall be kept free
of all accumulated garbage, rubbish and junk.
(2)
Firewood stacks shall be raised at least 12 inches above
ground level.
(3)
Any exterior spaces located in an urbanized area shall
be kept free of high grass or weed growth that may serve as a vector harborage.
(4)
Any exterior space located in an urbanized area shall
be kept free of standing pools of stagnated water that may serve
as a vector harborage.
(5)
No material, including firewood or building lumber, which
may serve as a vector harborage, shall be stored or stacked directly against
the exterior wall of any structure.
E.
Requirements for animal shelters. An animal shelter for
more than two animals must be properly and regularly sanitized and fumigated
as necessary in order to prevent vector harborage. Feed materials must be
stored within vector-proofed, sealed containers or structures inaccessible
to vectors.
