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Home My WebLink AboutORD 43-OAN ORDINANCE ENT:iTLED AN 0_101NANCE PROVIDING FOR !,AT Ei-�ADIGATION ON PiM-; lISES; DECLARING RAT INFESTED PREt,1IOSES AUISAN(jES; PROEIBITING TILE DUMPING OF RUBBISH, TkASH, ETC.- ON PRO- PERTY; PROVIDING FOR TIIE INSPECTION OF PROPERTY FOR R.LTS AND UNSANITARY CONDITIONS; T!VAXING IT UNLZ FUL _TO DESTROY RAT TRAPS OR POISON PLACED OR DIRECTED TO BE PLAGED ON PROPERTY BY HEALTH AUTHORITIES.; PROVIDI111,G FOR THE RE14-OVAL 11D ELEVATION OF RUBBISH AND OTHER _siATEYIALS; PROVIDING FOR NOTICE TO ABATE OR CORRECT CONDITIONS; PROVIDING THAT THIS ORDINANCE BE CUMULATIVE; DESIGNATING OFFICE11tS °iFE0 . SHALL ENFORCE THIS ORDINANCE AND iIINNER OF ENFOa�GEa..,�tAT1;; PROVIDING FOR PENALTIES AND PROVIDING A SA INC' , BE IT ORDAINED BY THE CITY COML'IISSION OF THE CITY OF BEAUMONT: Section 1. FREEDOi � ' FRO Jd RATS All buildings, premises and places v.ihatsoever, in the City of Beaumont shall be placed and shall continuously be kept by the owner, agent, tenant, lessee, person in charge or the occupant thereof in a clean; sanitary condition and free from rats. Section 2. RAT INFESTED BUILDINGS A NUISANCE All buildings, structures or any parts thereof, places and premises whatsoever, that are infested with rats are hereby declared to be and are public nuisances and the Director of the Department of Public Welfare of this City and each of his deputies is hereby authorized and empowered to abate the sauce in the manner provided in this Ordinance and in the Building Code of the City of Beaumont. Section 3. DUMPING OF RUBBISE, . ETC . - - - - - No rubbish, trash, waste, refuse or manure shall be placed, left, dumped or permitted to accumulate or; -remain in or on any building,'place, or premises in said City;'so that same mayor shall afford food or a harboring or breeding place for rats. Section 4. INSPECTION OF BUILDINGS It shall be unlawful for the owner, agent, tenant, lessee, person in charge or occupant of any building, place or premises or r_.ny part thereof in this City to refuse admission to the Director of the Department of Public Welfare or his deputies between the hours of eight o'clock A.M. and five o' eioek P.M. of any day when such officer or deputy has announced his intention to enter said building,' place or premises for the purpose of inspecting the same to deter- mine the presence of rats or for the purpose of setting or directing th_esett ng_ -:of rat traps. or placing -or directing,' the placing of rat ini poison or ascertang iArhet of the Building Code of•the City of Beaumont are being complied with; provided, that at the time of such entry the Director of the Depart- ment of Public Welfare or his deputies shall display a badge or cre- dentials indicating, his or their'official capacity or connection with the Division of Public Health.of the Department of Public Welfare. Authority is hereby granted to the said Director of the Department of Public Welfare and his deputies to so enter any such building, place or premises for said purposes,. .- Section 5. UNLAWFUL TO DESTROY TRAPS It shall be unlawful for any person -to destroy, tamper with, remove or change the location of any traps or poison placed by or under the direction of the Director of the Department of Public Welfare of the City or any of his deputies. Section 6. BUILDINGS TO BE RAT PROOFED, LTC. Every building, outhouse and other superstructure, stable, lot, open area -and other- premises, -sidewalks, street,- and alley, now constructed or here- after to be constructed in the City shall be rat proofed in the manner provided for in the Building Code of this City and all food products or other products, goods, wares and merchandise likely to attract or to become infested with or in- fected by rats, idiether kept for sale or for any other purpose, shall be so pro- tected as to prevent rats from gaining access thereto or coming in contact (herewith. Section 7. FREEDOM FROM RUBBISH; CLEANLINESS, ETC. . All premises, improved and unimproved, and all open lots, area, streets, sidewalks and alleys in the City shall be kept clean and free from all rubbish as well as loose material that might serve as a harborage for rats; and all lumber, boxes, barrels and loose iron or other materials that may be permitted to remain thereon and that may become a harborage for rats shall be placed on supports and elevated at least two feet (21) from the ground with a clear intervening space be- neath to prevent the harborage of rats, as provided in the Building Code of this City. Section 8. NOTICE TO ABATE OR CORRECT Whenever the Director of the Department of Public Welfare of the City or his deputies shall find that any building or structure or part thereof or place Jr premises or part thereof is infested with rats o,r that there exists thereon other conditions in violation of the provisions of this Ordinance or of the Build- ing Code of this City, such officer shall notify the owner, agent, lessee, tenent, person in charge or occupant thereof in writing, setting forth the condition com- nlained of_ and ordering the abatement, correction, alteration or demolition of Same, as the case may be, specifying therein the manner of such abatement, correc- tion, alteration or demolition and the time within which compliance must be per- formed. Section 9. ORDINANCE TO BE CUMULATIVE The provisions of this Ordinance shall be cumulative of all existing T�rdinances_of this City -pertaining -=to the same =subject matter and sha11-not be = ---- .--- construed as repealing the same or any portion thereof. Section 10. ENFORCIMENT It is hereby made the duty of the Director of the Department of Public a,•lfare, and particularly the deputies in the Division of Public Health thereof, to .;}.force the provisions of this Ordinance; provided, however, that no affidavit or ,:omplaint shall be filed against any owner, agent, tenent, lessee, person in charge or occupant charged with the.duty of complying with, or vaho shall violate the pro- visicns of this Ordinance, until Thirty (30) days shall have elapsed after the notice as provided for in Section 8, supra, shall have been deposited in the United States mail in an envelope stamped and addressed to the owner, agent, tenent, -2- lessee, person in charge or.'occupant, to his residence, if known, or place of business, if known, or to the premises upon which said violation shall be alleged to lie, or delivered to such party by the Diroctor of the Department of Public Welfare or one of his deputies, and where personal service is had the person . serving such notice shall make his return upon a copy of such notice showing how and when he served the same, which return he shall certify officially, and said copy and return shall. be kept on file in the office of the Director of the Depart- ment of Public Welfare and shall be admitted in evidence as prima facie proof of service of such notice as herein provided for; provided, that only one dayts notice shall be required for removal of rubbish, trash or manure, and only two days' notice shall be required for the removal of waste and refuse, as such terms are defined in Article 33-7, Subdivisions (b) and (c) of the City Code; and pro- vided further that any person who with -actual knowledge -or -notice that -any build- ing, place or premises, whatsoever, is not free from rats or rat proofed in accordance with the provisions of this Ordinance or of the Building Code of this City, and notwithstanding such knowledge or notice; occupies or uses the same, shall be guilty of a violation of this Ordinance and the notice above provided for shall not in such cases be required. Section 11. PENALTY Any person, firm or corporation who violates or fails to comply with any of. the provisions of this Ordinance or who fails to comply with any of the provisions of any notice as provided herein shall be punished by a fine of not less than Five nor more than Two Hundred Dollars for each and every offense and each day that such offense shall continue shall constitute a separate and distinct offense. Section 12. SAVINGS CLIXSE If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or por- tion shall be deemed a separate, distinct and independent prevision and such hold ing shall not affect the validity of the remaining portions thereof. PASSED by the City Commission this 14th day of. September, A. D. 1943. /s/ R. A. Coale Mayor -3-