[Adopted 6-28-1971 by Ord. No. 15528]
[Amended 8-31-1992 by Ord. No. 92-43]
As used in this article, the following terms shall have the meanings indicated:
OCCUPANT
A person who uses or occupies a building structure, whether as owner or tenant. A tenant who uses a part of a building structure shall be deemed the "occupant" of that part of which he has actual or constructive possession. The owner, agent or other person having custody or control of a building structure shall be deemed "occupant" of the part that is vacant.
OWNER
Includes the agent operating and managing the building structure as well as the legal owner.
RAT HARBORAGE
Any condition which provides shelter or protection for rats, thus favoring their multiplication and continued existence in, under or outside of any structure.
RATPROOFING
Preventing ingress and egress of rats. It shall consist of closing, with material impervious to rat-gnawing, all openings which may be reached by rats.
[Amended 8-31-1992 by Ord. No. 92-35]
All buildings in the City of Schenectady shall be ratproofed, freed of rats and maintained in a ratproof and rat-free condition to the satisfaction of the Building Inspector.
[Amended 8-31-1992 by Ord. No. 92-35]
A. 
Upon receipt of written notice and/or order from the Building Inspector, the owner of any building specified therein shall take immediate measures for ratproofing the building, and unless said work and improvements have been completed by the owner in the time specified in the written notice, in no event to be less than 15 days, or within the time to which a written extension may have been granted by the Building Inspector, then the owner shall be deemed guilty of an offense under the provisions of this article.
B. 
Whenever the Building Inspector has shown such offense to occur, he shall have the authority to order said building vacated and closed until it has been made ratproof and may cause to be posted at each entrance to such building a notice with the following words therein: "This building is unsafe, and its use for occupancy has been prohibited by the City of Schenectady Building Inspector." Such notice shall remain posted until said condition has been abated. It shall be unlawful for any person to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of ratproofing the same or of demolishing the building or for making any attempt to rectify the condition.
C. 
If the owner is guilty of such offense, the Building Inspector may cause the building to be made ratproof, and the amount of the cost thereof shall be a lien against the real property upon which said building was or is situated. Said costs shall be placed upon the City's tax books against said property and may be collected and the lien may be foreclosed in the same manner as taxes and tax liens are collected and foreclosed or by suit as the City may determine.
[Amended 8-31-1992 by Ord. No. 92-35]
The owners of all ratproof buildings are required to maintain the premises in a ratproofed condition and to repair all breaks and leaks that may occur in the ratproofing without a specific order of the Building Inspector.
[Amended 8-31-1992 by Ord. No. 92-35]
A. 
Whenever the Building Inspector notifies the occupant or occupants of a building, in writing, that there is evidence of rat infestation of the building, said occupant or occupants shall immediately institute rat eradication measures and shall continuously maintain such measures in a satisfactory manner until the premises are declared by the Building Inspector to be free of rat infestation. Unless said measures are undertaken within five days after receipt of notice, it shall be construed as a violation of the provisions of this article, and the occupant shall be held responsible therefor.
B. 
If such violation occurs, the Building Inspector may cause the rats to be eradicated and charge the cost to the occupant. If the building is occupied, the cost of eradicating the rats shall constitute a lien on property which the occupant has on the premises where the work is done and upon the premises themselves. If the building is vacant, the cost of eradicating the rats shall constitute a lien on the premises themselves.
[Amended 8-31-1992 by Ord. No. 92-35]
The Building Inspector is empowered to make inspections of the interior and exterior of all buildings to determine full compliance with this article, and the Building Inspector shall make periodic inspections of all ratproofed and previously rat-free buildings to determine evidence of rat infestations and the existence of new breaks or leaks in their ratproofing, and when any evidence is found indicating the presence of rats or openings through which rats may again enter buildings, the Building Inspector shall serve the owners or occupants with notices and/or orders to abate the condition found.
[Amended 8-31-1992 by Ord. No. 92-35]
Whenever conditions inside or under occupied buildings provide extensive harborage for rats in the opinion of the Building Inspector, said Building Inspector is empowered, after due notification in accordance with § 208-3, to close such buildings until such time as the conditions are abated by ratproofing and harborage removal.
Whenever conditions inside or under unoccupied buildings provide extensive harborage for rats, in the opinion of the Health Officer, said Health Officer is empowered, if said conditions are not corrected within a period of 60 days after written notification to the owner or within the time to which a written extension may have been granted by the Health Officer, to institute condemnation and destructive proceedings.
It shall be unlawful under the provisions of this article for the occupant, owner, contractor, public utility company, plumber or any other person to remove and fail to restore in like condition the ratproofing from any building for any purpose. Further, it shall be unlawful for any person or agent to make any new openings that are not closed or sealed against the entrance of rats.
It shall be unlawful for any person, firm or corporation hereafter to construct, repair or remodel any building, dwelling, stable or market or other structure whatsoever unless such construction, repair, remodeling or installation shall render the building or other structure ratproof in accordance with the regulations prescribed herein and hereunder. The provisions of this section apply only to such construction, repairs, remodeling or installing as affect the ratproof condition of any building or other structure.
It shall be unlawful for any person, firm or corporation hereafter to occupy any new or existing building wherein foodstuffs are to be kept, handled, sold, held or offered for sale without complying with § 208-10 of this article; and, unless the provisions of this section are complied with, no City license or permit to conduct or carry on such business as defined above will be issued.
[Amended 8-31-1992 by Ord. No. 92-35]
It shall be unlawful for any person, firm or corporation to demolish any building before it has been certified by the Building Inspector as being rat-free.
All food within the City of Schenectady for feeding chickens, cows, pigs, horses and other animals shall be stored in rat-free and ratproof containers or compartments or rooms, unless stored in a ratproof building.
[Amended 8-31-1992 by Ord. No. 92-35]
Within the corporate limits of the City of Schenectady, all garbage or refuse consisting of waste animal or vegetable matter upon which rats may feed and all small dead animals shall be placed and stored until collected in covered metal containers of a type prescribed by the Building Inspector. It is further declared unlawful for any person, firm or corporation to dump or place on any premises, land or waterway any dead animals or any waste vegetable or animal matter of any kind.
It shall be unlawful for any person to place, leave, dump or permit to accumulate any garbage, rubbish, junk or unlicensed junk used cars or trash in any building or on any premises, improved or vacant, or on any open lot or alley in the City of Schenectady so that the same shall or may afford food harborage for rats.
It shall be unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any open lot or alley in the City of Schenectady any lumber, boxes, barrels, bottles, cans, containers or similar materials that may be permitted to remain thereon unless the same shall be placed in open racks that are elevated not less than 18 inches above the ground and evenly piled and stacked.
[Amended 3-11-1996 by Ord. No. 96-15]
A. 
Any person issued a notice of violation pursuant to any provision of this chapter shall be subject to administrative fee of $50, and such administrative fee shall be charged against the land upon which the notice of violation was issued as a municipal lien or such administrative fee shall be added to the tax rolls as an assessment or levied as a special tax against said property or recovered in a civil suit against the person to which the notice of violation was issued.
[Added 6-3-1996 by Ord. No. 96-31]
B. 
Each violation of this chapter shall be a violation and shall be punishable as follows:
(1) 
For a first offense: by a fine of not less than $350 nor more than $500.
(2) 
For a second offense within 12 months of a prior violation of this chapter regarding the same premises by the same person(s), firm(s) and/or corporation(s): a fine of not less than $500 nor more than $1,000.
(3) 
For a third offense and any subsequent offenses thereafter within 12 months of a prior violation of this chapter regarding the same premises by the same person(s), firm(s) and/or corporations(s): a fine of not less than $1,000 nor more than $2,500 or by a term of imprisonment of not less than five days nor more than 15 days, or by both such fine and imprisonment.
(4) 
In the alternative, each violation of this chapter may be punishable by a penalty of not less than $350 nor more than $2,500, to be recovered by the City in a civil action.
C. 
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues unabated after the time limit set for the abatement of the violation.
[Added 3-11-1996 by Ord. No. 96-15]
All fines and penalties collected under § 208-17 of this chapter shall be received in a dedicated fund for the purpose of offsetting personnel costs of Code Enforcement Officers employed by the City of Schenectady.