[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Chichester 12-10-1981 by Ord. No. 407 (Ch. 10, Part 3, of the
1987 Code of Ordinances). 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.Â
Preventing or controlling the spread of vector-borne disease;
B.Â
Averting the blighting effects which the presence of vector infestation
places 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.Â
Facilitating the services of the Joint Vector Control Program Staff
by making more uniform municipal regulations concerning vector control.
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
methods 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 Township of Upper Chichester 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 unit, or dwelling,
with or without accompanying actual possession thereof; or
Shall have charge, care, or control of any premises, dwelling
unit, or dwelling, as owner or agent of the owner, or 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 micro-organisms
which it carries, can transmit disease to man. For the purpose 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.
[Amended 11-17-1987 by Ord. No. 456]
A.Â
Inspection procedures shall be conducted by the Inspection Officer.
B.Â
The Inspection Office shall be empowered to inspect any structure
or premises, in the Township of Upper Chichester at any reasonable
time. The Inspection Officer is authorized to conduct the inspection
on any part of the premises, including any interior spaces.
C.Â
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 Magisterial District Judge
of competent jurisdiction authorizing entry to the premises in question,
or the Inspection Officer may make the inspection by any other lawful
means.
D.Â
The Inspection Officer shall reinspect any premises which have 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.
E.Â
The Inspection Officer shall continue to inspect the premises periodically
as he deems necessary until he has certified that the violation has
been corrected.
F.Â
Inspection of specific types of land uses which are prone to vector
harborage shall occur regularly as indicated below:
(1)Â
Commercial, industrial, or institutional establishments in which
foodstuffs are sold, handled, processed, or stored: annual inspection;
(2)Â
Commercial, industrial, or institutional establishments in which
large quantities of materials must be regularly located in outside
storage areas; annual inspection.
G.Â
Any owner or occupant within the Township of Upper Chichester may
issue a complaint requesting action by the Inspection Officer. The
complaint must be signed and in writing, 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.Â
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.Â
The written notice of violation shall contain at a minimum the following
information:
(1)Â
Indicate the address and/or the location of the premises;
(2)Â
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)Â
At the discretion of the Inspection Officer, indicate alternative
techniques or practices which are satisfactory to correct the cited
violation;
(4)Â
Issue an order to correct and indicate the penalties for noncompliance;
(5)Â
Specify a period of time by which the violation must be corrected;
(6)Â
Carry the signature or facsimile of the signature of the Inspection
Officer; and
(7)Â
Indicate the name, office mailing address, and office telephone number
of the Inspection Officer.
C.Â
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)Â
Delivering the notice directly to the hands of the owner or occupant
or responsible person in his household who will sign for him;
(2)Â
Mailing the notice or a copy thereof by return receipt mail the last
known address of the owner or occupant; or
(3)Â
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.Â
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.Â
Each day that a violation remains uncorrected after the period stated
for correction in the notice of violation shall constitute a separate
offense.
B.Â
All infractions of this chapter shall be deemed a summary offense
and shall be punishable as follows:
[Amended 12-8-1988 by Ord. No. 465[1]]
(1)Â
Any person, firm or corporation who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000, together with the costs of prosecution,
and, in default of payment of such fine and costs, shall be subject
to imprisonment for a term not to exceed 30 days. Every day that a
violation of this chapter continues shall constitute a separate offense.
C.Â
Fines shall be imposed at the discretion of the Magisterial District Judge within the parameters established by Subsection B.
D.Â
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 Township of Upper Chichester shall be empowered
to exercise any of the following actions, subject to adequate notice
to the owner of the property:
(1)Â
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)Â
Order the correction of the violation by employees or agents of the
Township of Upper Chichester;
(3)Â
Engage a qualified contractor to correct the violation; or
(4)Â
Authorize the condemnation and demolition of the cited premises.
E.Â
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.Â
General requirements for all property owners.
(1)Â
The interior and exterior of all premises shall be maintained in
a clean and sanitary condition which shall prevent vector harborage;
(2)Â
During construction activities, preventive measures shall be taken
which shall preclude vector harborage;
(3)Â
If vector-proofing materials are removed from a structure during
structural renovations, these materials shall be comparably replaced;
and
(4)Â
Upon receipt of a notice of violation, proper techniques of vector
proofing 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.Â
General requirements of occupants and lessees.
(1)Â
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)Â
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 not be stored in plastic garbage bags unless
they are placed in an acceptable container as described above. Rubbish
must be temporarily stored in a closed container;
(3)Â
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; and
(4)Â
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.Â
Building requirements.
(1)Â
All openings, including any openings for utility lines, must be protected
by vectorproof material, such as screening;
(2)Â
The walls, flooring, porches, and basements of any structure must
be vectorproofed; and
(3)Â
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.Â
Yard and grounds requirements.
(1)Â
The exterior spaces of all premises shall be kept free of all accumulated
garbage, rubbish, and junk;
(2)Â
Firewood stacks shall be raised at least 12 inches above ground level;
(3)Â
Any exterior spaces located in an urbanized area shall be kept free
of standing pools of stagnated water that may serve as a vector harborage;
(4)Â
Any exterior space located in an urbanized area shall be kept free
of high grass or weed growth that may serve as a vector harborage;
and
(5)Â
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.Â
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.
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.
