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O-15-C . . CODE ORDINANCES N~ 31 ORDINANCE NO. 15-C AN ORDINANCE PROVIDING THAT ALL BUILDINGS AND VACANT AND UNIMPROVED LANDS BE MAINTAINED IN A RAT-FREE CONDITION: DEFINING TERMS USED: REGULATING INSPECTIONS OF PREMISES AND BUILDINGS: REQUIRING COMPLIANCE WITH REGULATIONS AND QUARANTINE BY HEALTH OFFICER: ÐEFINING POWERS OF HEALTH OFFICERS: PROHIBITING REMOVAL OF RAT-PROOFING: REGULATING THE STORAGE OF ORGANIC MATTER: REGULATING CONSTRUCTION OF FUTURE BUILDINGS AND STRUCTURES UNDERGOING REPAIRS: PROVIDING PENALTIES FÔR THE VIOLATION OF THIS ORDINANCE AND PROVIDING FOR APPEALS TO THE CITY COUNCIL. THE CITY OF CLERMONT, FLORIDA, DOES ORDAIN: SECTION 1. The City of Clermont does hereby determine that for the purposes of this Ordinance it is desirable and necessary to take any and all steps necessary to free the City of Clermont of rats and to free the City of Clermont of places where rats may harbor, feed, ne~t, or breed. In furtherance of the policy hereby determined, the City of Clermont hereby establishes that sufficient funds will be afforded and made available for the purpose of carrying out the provisions of this Ordinance. SECTION 2. DEFINITIONS. That for the purpose of this Ordinance the following definitions shall apply: (a) The term "BUILDING" shall mean any structure, whether public or private, that is adapted for occupancy for transaction of business, for rendering of professional services, for amusement, for the display, sales or storage of goods, wares, or merchandise, or for the performance of work, or labor, including hotels, rooming houses, residence, apartments, trailer parks or mobile homes or homesites, office buildings, public buildings, churches, schools, hospitals, penal institutions, stores, theatres, houses, workshops, factories, buildings where people may assemble or congregate, and all outhouses, sheds, barns and other structures on premises used for business, or residential or recreational purposes. (b) The term "RAT-STOPPAGE" or "RAT-PROOFING" as used herein shall apply to a relatively inexpensive form of rat-proofing to prevent the harborage of rats, or any rat-harborage facilities. (c) The term "RAT-HARBORAGE" shall mean any condition existing in, under, over or outside a structure of any kind or in or about vacant or un- improved lands, which provides shelter or protection for rats, thus favor- ing their multiplication. (d) The term "HEALTH OFFICER" as used herein means the County Health Director or any duly authorized person who may represent him. (e) The term "OWNER" shall mean the ¡~,tJJaL owner of any building or vacant or unimproved lands, whether individual, partnership or corpora- tion, or agent of the building or vacant or unimproved lands, or other person having custOa~yof the building or land to whom rent is paid. In the case of buIDi~~~gs leased with a clause in the lease specifqing J the lessee is responsible for the maintenance and repairs, the lessee will be considered in such cases as the "OWNER" for the purpose hereof. (f) The term "OCCUPANT" as used herein shall mean the individual, partnership or corporation that has the use of or occupies any building or part or fraction thereof, or vacant or unimproved lands whether the actual owner or tenant. In the case of vacant buildings or lands, or any vacant portion of a building or lands or any vacant portion of a building, the agent or other person having custody of the buildings or lands shall have the same responsibilities as if he were the occupant of the building so vacated. . . CODE ORDINANCES l5-C N~ 32 SECTION ¡¡. City of Clermont a continuous rat may be suggested COST OF RAT CONTROL PROGRAM. The City Council of the shall provide funds, personnel and equiment to carryon control program. Such personnel may do such work as or recommended by the Health Officer. SECTION 4. BUILDINGS TO BE FREED OF RATS. That all buildings in the City of Clermont shall be freed of rat-harborage, and maintained in a condition freed of rat-harborage under the direction and supervision of the Health Officer. SECTION 5. (A) COMPLIANCE WITH REGULATIONS AND QUARANTINE BY HEALTH OFFICER. That upon receipt of a written notice or order from the Health Officer, the owner and occupant within the time specified therein shall take immediate measures for rat-freeing such building or vacant or un- improved lands, and that unless said work and improvements have been com- pleted by the owner within the time specified in said writtennnotice or order, in no event to be less than fifteen (15) days, or within the time! of a written extension which may have been granted by the Health Officer, then the owner of said building or lands so failing to comply with the directions and terms of said written notice or order shall be deemed guilty of an offense under the appropriate provisions of Sections 3 through 11, inclusive; and the said Health Officer shall be authorized, after an investigation and determination by him that there is evidence of rat infestation of such building or lands, to order any said building or lands quarantined and prohibit any person from entering said building or lands. Any building or lands placed under quarantine by the Health Officer shall be posted with a placard signed by the Health Officer warning all persons that said building or lands is under quarantine. It shall be unlawful for any person to enter any building or lands placed under quarantine by the Health Officer. (B) ,.1 That upon receipt of written notice or order from the Health Officer the occupant of any such building or lands shall proceed with the eradication work (poisoning, trapping, harborage removal, fumigation or means of rat-freeing) necessary to free the building of rats in a manner and under conditions approved by the Health Officer and shall continue this work until the building or lands is freed of rats. It shall be the responsi- bility of the occupant to free the buildings or lands of rats and to main- tain the building or lands in a rat-free condition thereafter. In the event the building or lands become re-infested with rats through accident or otherwise the occupant shall proceed with approved measures to again free it of rats. In case of failure to comply with the directions and terms of the written notice or order from the Health Officer, the occupant may be charged in Municipal Court and the Health Officer may further order said building or lands quarantined and prohibit any person from entering said building or lands in the same manner as provided in Section 5 or, in the alternative, the City under the direction of the Health Officer may enter upon the premises and perform such necessary acts and the costs of such shall constitute a lien against the subject property. SECTION 6. MAINTENANCE OF PREMISES BY OCCUPANT OF BUILDING, That the occupants of all rat-freed buildings are required to maintain the premises ~n a rat-free condition and to repair all breaks on leaks that may occur in any rat-proofing unless such breaks or leaks develop as the result of natural deterioration of the building, in which event, it shall be the responsibility of the owner to make the said repairs. SECTION 7. HEALTH OFFICE EMPOWERED TO MAKE INSPECTIONS. The Health Officer is empowered to make un-announced inspections of the exterior of buildings, or vacant and unimproved lands as in his opinion may be necessary to determine full compliance with Sections 3 through 11, inclusive, and to inspect the interior of buildings at any reasonable time. The Health Officer shall make periodic inspections of all rat-stopped buildings or lands to determine evidence of rat infestation and the existence of new breaks · e CODE ORDINANCES 15-C N~ 33 or leaks in any rat-proofing. When any evidence is found indicating the presence of rats or openings through which rats may again enter buildings or lands, or affording a rat-harborage, the Health Officer shall serve the owners or occupants with notices and/or order to abate the conditions found. SECTION 8. POWER OF HEALTH OFFICER. That whenever conditions inside or under buildings, or vacant and unimproved lands provide such extensive harborage for rats that the Health Officer dpems it necessary to eliminate snch harborage, he may require the owner and occupant to eliminate such rat-harborage. He may further require the owner and occupant to correct such other conditions related to rat-harborage as may be necessary in order to facilitate the eradication of rats in a reasonable time and thereby to reduce the cost thereof, and to place materials for poisoning or killing rats on vacant or unimproved lands. SECTION 9. UNLAWFUL TO REMOVE RAT-PROOFING. It shall be unlawful under the provisions of Sections 3tthrough 13, inclusive, for the occupant, owner, contractor, public utility company, plumber or any other persons to remove the rat-proofing from any building or vacant lands for any purpose and fail to restore same in a satisfactory manner or to make any new openings that are not closed or sealed against the entrance of rats. SECTION 10. POULTRY AND STOCK FEED TO BE KEPT IN RAT-PROOF CONTAINERS OR RAT-PROOF BUILDINGS. That all food and feed kept within-the City of Clermont for the purpose of feeding chickens, cows, pigs, horses and other animals shall be kept and stored in rat-free and rat-proof containers, compartments or rooms unless kept in a rat-proof building. SECTION 11. GARBAGE OR CERTAIN REFUSE TO BE STORED IN CONTAINERS. All garbage or refuse consisting of waste animal or vegetable matter, except- ing trimmings, or cuttings from plants or trees or lawns, upon which rats may feed shall be placed and stored in covered containers or a type pre- scribed by the Health Officer. It is hereby declared unlawful for any per- son, firm or corporation to dump or place on any premises, land o~ water- way, any dead animals or any waste vegetable or animal matter of any kind. SECTION 12. UNLAWFUL TO AFFORD FOOD OR HARBORAGE OF RATS. It shall be unlawful for any person to place, leave,o~ump or permit to accumulate any garbage, rubbish, or trash in any buildings or vacant or unimproved lands for premises in the City of Clermont so that same shall or may afford food or harborage for rats. SECTION 13. UNLAWFUL ACCUMULATION OF CERTAIN MATERIALS. It shall be unlawful for any person to permit to accumulate on any premises, any- where in the City of Clermont limits, improved or vacant, and onaãll open lots and all'E¥s in the City of Clermont any lumber, boxes, barrels, bricks, stones, or similar materials that may be permitted to remain thereon unless same shall be placed on open racks that are elevated not less than eighteen (18) inches above the ground and evenly piled or stacked so that these materials will not afford harborage for rats. Any exception to this regula- tion shall ensue only with approval of the Health Officer only when the owner or occupant of the property carries on a continuous rat eradication program that meets with the approval of the Health Officer on such prop- erty where such unlawful accumulation exists. SECTION 14. NEW BUILDINGS AND EXISTING STRUCTURE UNDERGOING REPAIRS TO BE MADE FREE OF ANY RAT-HARBORAGE. All buildings hereafter to be con- structed in the City of Clermont shall be made rat-proof and any existing buildings undergoing major repairs shall be made rat-proof. In order to assure compliance with this Section, it shall be the duty of the owner of the property on which the structure is being newly built or undergoing major repair, to obtain the Building Inspector's approval of specifications for such structural plans as it relates to rat-freeing and freedom from rat harborage. e e CODE ORDINANCES 15-C N~ 34 SECTION 15. PENALTIES. Any person, firm or corporation, who shall violate any provision or provisions of Sections 3 through 13, both inclusive, shall, if brought to trial, be tried in the Municipal Court of the City of Clermont, and upon conviction shall be punished by a fine not to exceed Twenty-five ($25.00) Dollars or imprisbnment~ for not more than thirty (30) days or by both such fine and imprisonment. Each day of violation shall constitute a separate offense. SECTION 16. Any person aggrieved by any act or order of the County Health Officer, shall have the right to, within ten (10) days of the order or act complained of, appeal to the City Council of the City of Clermont and the decision of the Council shall be final, and that any proceedings under this Ordinance shall be stayed pending final determination by Council should an appeal be made. SECTION 17. All ordinances or parts of ordinances in conflict herewith or inconsistent with the provisions of this Ordinanceaare hereby repealed. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDI~~ELY UPON BECOMING A LAW. PASSED AND ADOPTED ON THE 1st day of June, 1965 .' ,~~~.¿;;-- --'-- --~ésident of City Council of City of Clermont, Florida. . . .. VED AND APPROVED BY ME THIS 1st day of June 1965 ~~~~.".. CERTIFICATE OF POSTING I HEREBY CERTIFY that a Certified Copy of the foregoing Ordinance was posted on the public municipal bulletin board for a period of not less than one (1) week, as required under the Charter of the City oLClermont, beginning June 2, 1965. - y~t, ~ - ...;¡...~/ Florida .~~..... .~. ~ " " ~.....'" I HEREBY CERTIFY that the foregoing is a true copy of the foregoing e e CODE ORDINANCES 15-C N~ 35 Ordinance duly PASSED AND ADOPTED by the City Council of Clermont, Flo~ida, on June 1, 1965, the or~~mmal of which is filed in the Ordinance Books of this City in my office. DATED: June 2, 1965. Florida (SEAL) - "- '... .' .' .' .-' p.