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Alachua City Zoning Code

CHAPTER 20

HEALTH

ARTICLE II. - MOSQUITO CONTROL[2]


Footnotes:
--- (2) ---

State Law reference— Mosquito control, F.S. ch. 388.


Sec. 20-1. - State Sanitary Code adopted by reference.

There are hereby adopted by reference the rules of the Florida Department of Health as promulgated pursuant to F.S. § 381.0011. No person shall violate such rules.

(Code 1960, § 15-1; Code 1976, § 16-1)

Sec. 20-2. - Obnoxious and contaminating odors; control and prohibition.

(a)

Control required. When any business or occupation, conducted within the City, shall be of such a nature that smoke, gases, fumes, or any other obnoxious matter shall emanate therefrom, the person engaged in or conducting such business or occupation shall provide for the control, dissipation, and disposal of such obnoxious matter.

(b)

Prohibited where not controlled. In the event that such cannot be controlled so that it is not detrimental to the health and welfare of the inhabitants within the immediate vicinity of the place from which such emanates, then such business or occupation of any kind whatsoever shall be prohibited.

(Code 1960, § 15-8; Code 1976, § 16-8)

Sec. 20-21. - Breeding places for mosquitoes—Prohibited.

It shall be unlawful for any person to have, keep, maintain, cause, or permit any collection of standing or flowing water in which mosquitoes breed or are likely to breed, unless such collection of water is treated so as effectually to prevent such breeding.

(Code 1960, § 15-11; Code 1976, § 16-10)

Sec. 20-22. - Same—Enumerated.

Collections of water in which mosquitoes breed or are likely to breed are those contained in ditches, ponds, pools, excavations, holes, depressions, open cesspools, privy vaults, septic tanks, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, defective house roof gutters, tanks or flush closets, or other similar water containers or depressions in lots where water is allowed to remain. The natural presence of mosquito larvae in standing or running water shall be evidence that mosquitoes are breeding there.

(Code 1960, § 15-12; Code 1976, § 16-11)

Sec. 20-23. - Same—Treatment of breeding places.

Collections of water in which mosquitoes breed or are likely to breed shall be treated by such of the following methods as shall be approved by the health officer:

(1)

Screening with wire netting of at least 16-mesh to the inch each way, or any other material which will effectually prevent the ingress or egress of mosquitoes.

(2)

Complete emptying every seven days of unscreened containers, together with their thorough drying or cleaning.

(3)

Using a larvicide approved and applied under the direction of the health officer.

(4)

Cleaning and keeping sufficiently free of vegetable growth and other obstructions, and stocking with mosquito destroying fish.

(5)

Filling or draining to the satisfaction of the health officer.

(6)

Proper disposal, by removal or destruction, of tin cans, tin boxes, broken or empty bottles, and similar articles likely to hold water.

(Code 1960, § 15-13; Code 1976, § 16-12)

Sec. 20-24. - Prohibited conditions on premises—Declared nuisance.

Any premises within the City which shall be maintained by the owner without complying with the provisions of this chapter, hereby are declared to be public nuisances; and it shall be the duty of the City to inspect the premises within the City, and whenever it shall find or locate premises, the owners of which are not complying with the provisions of this chapter, the City shall notify the owner to promptly place the premises in good condition, and to comply with the terms hereof.

(Code 1960, § 15-14; Code 1976, § 16-13)

Sec. 20-25. - Same—Failure to abate.

Whenever any owner of property within the City shall be notified by the City to place his premises in good and safe condition under the terms and provisions of this chapter, and such owner shall fail to do so within ten days after receipt of such notice, the City shall go upon the premises and place the same in good, safe condition, and to charge the cost thereof to the owner of the property, and the cost of placing the premises in good condition is hereby declared to be a lien upon the property enforceable by the same method and manner as the enforcement of tax liens of the City.

(Code 1960, § 15-15; Code 1976, § 16-14)

Sec. 20-26. - Same—Person responsible defined.

The person responsible for the condition of any premises is the person using or occupying such premises. In case no person is using or occupying the premises, the person who by law is entitled to the immediate possession of such premises is responsible. In case the premises are used or occupied by two or more tenants of a common landlord, or from grounds appurtenant to a house occupied by two or more tenants of a common landlord, then the landlord shall be responsible. Each tenant however, is responsible for that part of the premises which he occupies to the exclusion of the other tenants. In case the premises are occupied by a tenant under a yearly or monthly tenancy, or under a lease for not more than a year, or under any lease whereby the lessor is expressly or implicitly obligated to keep the premises in repair, and the collection of standing or flowing water in which mosquitoes breed or are likely to breed is owing to the disrepair of the building or to any natural quality of the premises, or to any condition that existed at the time when the tenant entered into possession, or to any thing 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.

(Code 1960, § 15-16; Code 1976, § 16-15)