Seneca Falls Town City Zoning Code
ARTICLE IX
Vector Control
§ 300-99 Title.
This article shall be known as the "Uniform Vector Control Ordinance."
§ 300-100 Purpose.
The purpose of this article 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 places on an affected neighborhood, including undermining the desirability of housing, causing a decline in property value and contributing to the image of an environmentally unfit area.
C.
Facilitating the services of Town code enforcement by making more uniform municipal regulations concerning vector control.
§ 300-101 Definitions.
As used in this article, the following terms shall have the meanings indicated:
EXTERMINATION
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.
GARBAGE
Wastes from the preparation, cooking and consumption of foods; market refuse; waste from handling, storage and sale of produce; papers, excluding newspapers; cartons; wooden boxes and barrels; empty glass bottles; small tin cans; rags and miscellaneous combustible household trash.
INFESTATION
The presence of vectors within or contiguous to a structure or premises.
INSPECTION OFFICER
The Zoning Officer and/or any other persons authorized, in writing, by the governing body of the Town of Seneca Falls to conduct inspections and administrative procedures to enforce the provisions of this article.
OCCUPANT
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.
OWNER
Any person who, alone or jointly or severally with others:
A.
Shall have legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
B.
Shall have charge, care or control of any premises, dwelling or dwelling unit, 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 article to the same extent as if he or she were the owner.
PREMISES
All areas of a property, including all interior, exterior, grounds and yard spaces.
RUBBISH
Tree branches, leaves, grass and hedge clippings and similar garden refuse; wood; furniture; bedding; metals; crockery; small stones; dirt and other mineral refuse.
URBANIZED AREA
Any area which is located within 1,000 feet of either:
A.
Any structure which is designed for human occupancy for any purpose, be it residential, business or leisure time, at any time of the day or night; or
B.
A public or privately owned outdoor recreation site.
VECTOR
An organism which, either directly or indirectly, via microorganisms which it carries, can transmit disease to people. For the purposes of this article, the term "vector" shall ordinarily but not exclusively refer to rodent, insect or vermin species.
VECTOR HARBORAGE or VECTOR SOURCE
Any area where vectors can live, nest, breed or seek any form of shelter.
VECTORPROOF
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.
§ 300-102 Inspection procedures.
A.
Inspection procedures shall be conducted by the Zoning Officer.
B.
The Zoning Officer, or a contractor authorized by the Town Board, shall be empowered to inspect any structure or premises in the Town of Seneca Falls at any reasonable time.
C.
The Zoning Officer, or a contractor authorized by the Town Board, shall continue to inspect the premises periodically, as he or she deems necessary, until he or she has certified that the violation has been corrected.
D.
The Zoning Officer, or a contractor authorized by the Town Board, shall reinspect any premises which have previously been cited for violating the terms of this article within 180 days of the date on which the violation has been certified as having been corrected.
E.
Any owner or occupant within the Town of Seneca Falls may issue a complaint requesting action by the Zoning 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.
§ 300-103 Notice of violation.
A.
When the Zoning Officer has deemed any premises in violation of this article, he or she 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 location of the premises.
(2)
Describe all violations, including the dates on which they were observed, and indicating where on the premises the violations exist or were practiced.
(3)
Issue an order to correct and indicate the penalties for noncompliance.
(4)
Specify a period of time by which the violation must be corrected.
(5)
Carry the signature or a facsimile of the signature of the Zoning Officer.
(6)
Indicate the name, office mailing address and office telephone number of the Zoning 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 or her household who will sign for him or her; or
(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 on or about the cited premises.
D.
The Zoning Officer shall certify to the correction of the violation cited in the notice. Such certification, at a minimum, shall consist of the Zoning Officer's signature and the date on which the certification is made.
§ 300-104 Regulations and requirements.
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)
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 Zoning Officer.
B.
General requirements for 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, or multiple polyethylene trash bags, sealed with a tie so the garbage smell does not become objectionable.
(3)
On multiple-occupancy premises, an occupant or lessee, rather than the property owner, shall be held responsible for the extermination of vectors when the unit or space occupied by the occupant or lessee is the only one in which infestation is detected. 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 Zoning Officer.
C.
Yard and grounds requirements.
(1)
The exterior spaces of all premises shall be kept free of all accumulated garbage, rubbish and junk.
(2)
Firewood shall be stacked neatly and maintained.
(3)
Any exterior spaces located in an urbanized area shall be kept free of high grass or weed growth exceeding five inches in height so as not to serve as a vector harborage.
(4)
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.