Rodent Control Amended Oct 2011 — File 192075

CITY OF SOMERVILLE, MASSACHUSETTS LAW DEPARTMENT October 7, 2011 Honorable Board of Aldermen City Hall 93 HigWand Avenue Somerville, MA 02145 Re: Rodent Control Ordinance Dear Honorable Board Members: Enclosed for your review is Rodent Control Ordinance. The ordinance reflects changes made in the Legislative Matters Committee. I have included a clean and red-lined copy. I have also included a copy of the Rodent Control Regulations requirements required by the Inspectional Services Division. Please feel free to contact me if you have any questions. Very truly yours, David Shapiro Assistant City Solicitor SOMERVILLE C "HALL· ';I: HIGHLAND AV::: • SOMERVIL . MASSACIlL;SETTS O~ 143 (61 >6:.'5-11 I. EXT 4400 • TTY: (617 6bf.-OOO I • FAX: ([phone removed] ,,1111erviUema.g.ov; f-mail: ';W ("~ornervjUem .gol

CITY OF SOMfRVILLt, rv~ '\S~J\( HL:-:'ETTS OrCICE OF STRATEGIC PL.- NNING & L ;',1: ,1U lTY DEVELOPTv[ENT . OSEPH A.l1lrL\TO;,\: I:: JVL\YOR [1"!SPECTIONAL SERVICES DIVISION Rodcn t Con trol Regu l~ tio ns (Somerville Code of Ordinances 11-38) The Rodent Control Regulation requirements oudincd below are required by the City of Somerville lnspeetioml! Services Division. .A.I) extermination certificate obtained "'0111 a licen~ed MassZlchuselts extermination company is required prior to the issuance of: ( I) a demolition perl11it~ or (2) 0 building permit where a rcsidcntiol or commercial consrruction or renovation project requires ground excavation to a six-foot or greater depth. In addition to the extermination certi fic~lle_ the contractor is required to l118intain rodent con tro I measures through Q liccnsed MassachusetlS e:-derlll in (Ilion com pany until Sll hstaJltial completion ofthc project. Rodent control measures include but are not limited (0 providing a separate rodent proof cQntCliner for organic waste (i.e.lood. food \vrappers/containcrs) (hat is removed from Ihe site at Lhe end oflhe day and disposed ofpl'Operly. Additionally all construction and demolition debris must be contained in a rodent proof container as specifled in the City of Somerville reguLations. Failure to compLy with these rcgulCltions sludl be deemed 10 be a violCltion of' Somervllie Code of Ordinances Section LL-3S. These regulations may be waived by the Superinlendent of lnspeclional Services for emergency situations or as otherwise determined necessary in (he public intcrcst. DP\VBI ! f)1"~ll 1 fK.\, L' RUA Ie ~l)~I[R\·'·II. I \lll':-'1:.1 0.2J-I5 (617)62~-f)I)()OF\T5('i()Ue II'Y:~X(l(l}KIJ";- X51 !...... :((d71(ll()~().L-l­ \V\\in'.so rn en· il'lema.go\'

CITY OF SOMERVILLE ORDINANCE NO. 2011 ­ IN THE BOARD OF ALDERMEN: WHEREAS, notwithstanding the adoption of Ordinance 2006-12, entitled "Rat Stoppage," as amended by Ordinance 2007-10, the City of Somerville continues to sutfer detrimental effects as a result of evidence of significant rodent activity; and WHEREAS, such levels of rodent activity raises concerns about public health and public safety as well as epidemic activity in certain neighborhoods; and WHEREAS, the Board of Aldermen "vishes to address the increased levels of rodent activity in Somerville by strengthening the Rat Stoppage ordinance and its enforcement capabilities; NOW THEREFORE, be it ordained by the Board of Aldermen in session assembled, that the Code of Ordinances of the City of Somerville is hereby amended as follows: 1. Part II Code of Ordinances, Chapter 11 Public Works, Article II - Division of Highways, Electric Lines and Lights, Section 11-38 - Rat Stoppage is hereby amended to read as follows (additions are tmderlined and deletions are crossed out): Section 11-38 - Rat Stoppage Rodent Control (a) Purpose. It is the purpose oftrus ordinance to limit the population growth, and prevent the potential spread of infectious and contagious diseases by rats, mice, and other rodents (hereinafter referred to as "rodents"). (b) Definitions. As used in this ordinance, the following words and phrases shall have the meanings ascribed to them in this section: (1) Exterminate means to eliminate rodents through methods utilized by a licensed pest control management company. (2) Exterminator means an individual duly licensed by the Commonwealth of Massachusetts to extenninate and in good standing. (3) Infestation means the recurrent presence, as determined by burrows, droppings, gnaw marks, tracks and other physical evidence, of rodents that is determined to be a threat to public health.

(c) General Requirements. (l) All premises and places shall be maintained free from rats, mice. and other rodents; and it is unlawful for the owner and/or occupant thereof to fail to take such reasonable preventive and remedial measures for such pUrPoses as shall be prescribed by the superintendent of inspectional services or Board of Health. (2) The owners and/or occupants or-premises shall: a. implement rodent-proofing and extermination measures as set forth below to prevent rats, mice. or other rodents from gaining access to or coming into contact with food and water sources, including food products, animal food, or bird food; and b. prevent the accumulation of materials stored in a manner capable of providing food or harborage for rodents, including. but not limited to, garbage, litter. excrement, filth, lumber, tree limbs. firewood, motor vehicle bodies or parts, construction or demolition debris, appliances, waste wood, scrap metaL overgrown vegetation, decaying animal or vegetable matter, and animal waste any other articles that provide shelter and protection for rodents. Cd) Duty to Implement Rodent-proofing and Extermination. Ea) Every building, structure or parcel on '.vhich a building has been demolished or is being constructed vlithin the city shall be baited, as required by inspectienal services department personnel. All persens petfeRning demolition and censtmction \,.,ork shall address any and all rodent problems that may arise fi'om the project. (1) Rodent infestation - If evidence of a rodent infestation occurs, a property owner and/or occupant shall take all necessary measures at the expense ofthe owner and/or occupant to eradicate the infestation and prevent future infestation. In addition, the owner and/or occupant of the property shall perform all eradication measures as reasonably required by the superintendent of inspectional services or Board of Health, including, but not limited to, rodent-proofing and/or extermination by a duly licensed exterminator. (2) Permitted work - The superintendent of inspectional services is authorized to promulgate regulations regarding mandatory rodent extermination measures in advance of demolition, construction and land clearing projects on private property. The superintendent of public works is authorized to promulgate regulations regarding mandatory rodent extermination measures in advance of subsurface work in the public right of way and on private streets. Where rodent control is determined necessary. an extennination program shall begin on the project at least seven days prior to the start of work, unless waived by the respective superintendent. The extermination program must continue until

substantial completion of the project unless otherwise waived by the respective superintendent. (e) Correction Orders If an inspection reveals a violation ofthis ordinance, the superintendent of inspectional services or Board of Health shaH issue a correction order. Such order shall be in writing and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Any owner and/or occupant served with a correction order under this ordinance shall comply with the order within a period determined by the superintendent of inspectiona] services or Board of Health. but not to exceed twenty one days. EB1 (:il...!nspecNol'l Notice. Right ofEntrv ofSuperintendent o[JnsTJectional Services or Board ofHealth. Whenever necessary to make an inspection to enforce or determine compliance with the provisions of this ordinance. or whenever the superintendent of inspectional services or Board of Health has cause to believe that a violation of any provision of this ordinance has been or is being committed, the superintendent of inspectional services, inspectors from the inspectional service department and the health department and the Board ofHealth shall have authority to enter any land, building, structure, or premises at reasonable times to inspect the same, provided such entry is consistent with the constitutions ofthe United States and the Commonwealth of Massachusetts. If entry is refused, the superintendent of inspectional services or Board ofHealth shall have recourse to the remedies provided by law to secure entry. including, but not limited to, obtaining a search warrant. ,with permission of the owner or occupant, \'iiith a duly authorized search warrant issued by a court of competent jurisdiction, or 'Nithout a JVt'arrant under €x::igent circmnstances, Under these conditions. the superintendent of inspectionaI services or Board ofHeaJth and such authorized personnel may--te inspect the interior and exterior of buildings, other structures, or parcels on which a building has been demolished or is being constructed to determine evidence ofrat rodent harborage, and rat rodent infestation and the existence of nev,' leaks in the Fat stoppage and when any evidence is found indicating the presence offat-rodents or openings through which ffit--rodents may enter such buildings or structures, to report such evidence to the inspectors who shall serve the owner, agent or occupant of such building, structure or parcel, with written notice to abate the conditions found. (f) Area Baiting Requirements and Hearings If the Board of Health has cause to bel ieve that a specified geographic area has a rodent infestation. then the Board of Health, may schedule a public hearing upon

fourteen days prior written notice to landowners within the identified area and 300 feet around, and after a public hearing, may require that the alllando"WIlers within the geographic area bait their property and/or take other remedial measures on such conditions and terms deemed necessary by the Board ofHealth. (g) Adoption o{rules The superintendent of inspectional services is authorized to adopt rules consistent with this ordinance for the purpose of carrying out and enforcing its provisions. (h) Violations It is unlawful for any owner or occupant of real property to fail to comply with the requirements of this ordinance or any order of the superintendent of inspectional services or Board of Health issued to carry out or enforce the requirements ofthis ordinance. The provisions of this ordinance may be enforced by the superintendent of inspectional services or Board of Health, by a noncriminal disposition pursuant to G. L. c. 40, s. 21 D. Each violation of a provision of this ordinance is a separate and distinct offense and in a case of a continuing violation, each day that the violation continues constitutes a separate offense. Any person, firm, corporation, association or other entity violating any provision of this article . shall be punished in accordance with Section 1-11 of this ordinance. Any interested person may request. in writing, a hearing before a municipal hearing officer to contest the issuance of a fine, as provided in Chapter 106 of the Acts of 2008. The imposition of penalties herein prescribed shall not preclude the City from instituting other remedies to abate violations of this ordinances as permitted by law, including, but not limited to criminal proceedings, application for equitable relief. or receivership proceedings fe-) (i) Rat stoppage by owner Lien. Failure to complv - work bv Citv -lien on property Upon receipt of notice in \vriting from the superintendent of inspectional services, the owner, agent, or occupant in charge of any building, structure or premises specified in such notice shall take immediate measures for the rat stoppage of such building Of structure and for the freeing of said premises or all rats, and unless said 'Nork is completed in the time specified in the notice, in no event to be less than 15 days, Of any '''rittea extension thereof that may be granted by the server of the notice, tben the mvner, occupant or agent in charge of said building, structure or premises shall be deemed guilt)' of a violation ofthis section. If an O"WIler and/or occupant fails to comply wi th this ordinance after notice given hereinbefore set forth, the City may cause the work to be performed. and charge the owner of the property and place a lien against the property for expenses incurred.

2. Be it further ordained by the Board of Aldermen, that Section 1-11(b) of the Code of Ordinances is hereby amended by adding in its place the following (additions are underlined and deletions are crossed out): Section l-l 1(b) Offense Fine Enforclng Personnel Rat Stoppage Rodent Control (Sec. 11-38) $100.00 lst"offense: $50.00 2nd offense: $100.00 3rd and subsequent offense: $300.00 Pollce; inspectional services~ Board of Health

CITY OF SOMERVILLE ORDINANCE NO. 2011­ IN THE BOARD OF ALDERMEN: WHEREAS, notwithstanding the adoption of Ordinance 2006-12, entitled "Rat Stoppage," as amended by Ordinance 2007-10, the City of Somerville continues to suffer detrimental effects as a result of evidence of significant rodent activity; and WHEREAS, such levels of rodent activity raises concerns about public health and public safety as well as epidemic activity in certain neighborhoods; and WHEREAS, the Board of Aldermen wishes to address the increased levels of rodent activity in Somerville by strengthening the Rat Stoppage ordinance and its enforcement capabilities; NOW THEREFORE, be it ordained by the Board of Aldermen in session assembled, that the Code of Ordinances of the City of Somerville is hereby amended as follows: I. Part II Code of Ordinances, Chapter 11 Public Works, Articl e II - Division of Highways, Electric Lines and Lights, Section 11-38 - Rat Stoppage is hereby amended to read as follows (additions are underlined and deletions are crossed out): Section 11-38 - Rat Stoppage Rodent Control (a) Purpose. It is the purpose of this ordinance to limit the population growth, and prevent the potential spread of infectious and contagious diseases by rats, mice, and other rodents (hereinafter referred to as "rodents"). (b) Definitions. As used in this ordinance, the following words and phrases shall have the meanings ascribed to them in this section: (1) Exterminate means to eliminate rodents through methods utilized by a licensed pest control management company. (2) Exterminator means an individual duly licensed by the Commonwealth of Massachusetts to exterminate and in good standing. (3) Infestation means the recurrent presence, as detennined by burrows, droppings, gnaw marks, tracks and other physical evidence, of rodents that is determined to be a threat to public health.

(c) General Requirements. (1) All premises and places shall be maintained free from rats, mice, and other rodents: and it is unlawful for the owner and/or occupant thereof to fail to take such reasonable preventive and remedial measures for such purposes as shall be prescribed by the superintendent of inspectional services or Board of Health. (2) The owners and/or occupants of premises shall: a. implement rodent-proofing and extennination measures as set forth below to prevent rats, mice, or other rodents from gaining access to or coming into contact with food and water sources, including food products, animal food, or bird food; and b. prevent the accumulation of materials stored in a manner capable of providing food or harborage for rodents, including, but not limited to, garbage, litter. excrement, filth, lumber, tree limbs, firewood, motor vehicle bodies or parts, construction or demolition debris, appliances, waste wood, scrap metaL overgrown vegetation, decaying animal or vegetable matter, and animal waste any other articles that provide shelter and protection for rodents. (d) Duty to Implement Rodent-proofing and Extermination. (a) Every building, structure or parcel on which a building has been demolished Of is being constructed \\'ithin the cit)' shall be baited, as required by inspectional services department personnel. All persons perfonning demolition and construction work shall address any and all rodent problems that may arise from the project. (1) Rodent infestation - If evidence of a rodent infestation occurs, a property owner and/or occupant shall take all necessary measures at the expense of the owner and/or occupant to eradicate the infestation and prevent future infestation. In addition, the owner and/or occupant of the property shall perfonn all eradication measures as reasonablv required by the superintendent of inspectional services or Board of Health, including, but not limited to, rodent-proofing and/or extennination by a duly licensed exterminator. (2) Permitted work - The superintendent of inspectional services is authorized to promulgate regulations regarding mandatory rodent extermination measures in advance of demolition, construction and land clearing proj ects on private property. The superintendent of public works is authorized to promulgate regulations regarding mandatorv rodent extermination measures in advance of subsurface work in the public right of way and on private streets. Where rodent control is determined necessary, an extennioation program shall begin on the proiect at Jeast seven days prior to the start of work, unless waived by the respective superintendent. The extennination program must continue until

substantial completion of the project unless otherwise waived by the respective superintendent. (e) Correction Orders If an inspection reveals a violation of this ordinance, the superintendent of inspectional services or Board of Health shall issue a correction order. Such order shall be in writing and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Any owner and/or occupant served with a correction order under this ordinance shall comply with the order within a period detennined bv the superintendent of inspectional services or Board of Health, but not to exceed twenty one days. f&) Cil...lnspectiol'l notice. Right ofEntrv ofSuperintendent o[fnspectional Services or Board ofHealth. Whenever necessary to make an inspection to enforce or determine compliance with the provisions of this ordinance, or whenever the superintendent of inspectional services or Board of Health has cause to believe that a violation of any provision of this ordinance has been or is being committed, the superintendent of inspectional services, inspectors from the inspectional service department and the health department and the Board of Health shall have authority to enter any land, building, structure, or premises at reasonable times to inspect the same, provided such entry is consistent with the constitutions of the United States and the Commonwealth of Massachusetts. If entry is refused, the superintendent of inspectional services or Board of Health shall have recourse to the remedies provided by law to secure entrY, including, but not limited to, obtaining a search warrant. , with permission of the owner or occupant, VAlli a duly m.1tborized search 'NaHant issued by a court of competent jurisdiction, or 'vvithout a 'f",arrant under exigent circumstances, Under these conditions, the superintendent of inspectional services or Board of Health and such authorized personnel may4e i.nspect the interior and exterior of buildings, other structures, or parcels on which a building has been demolished or is being constructed to detennine evidence of fat rodent harborage, and fat rodent infestation and the existence of new leaks in the rat stoppage and when any evidence is found indicating the presence of mt-rodents or openings through which ffit-rodents may enter such buildings or structures, to report such evidence to the inspectors who shall serve the owner, agent or occupant of such building, structure or parcel, with written notice to abate the conditions found. (f) Area Baiting Requirements and Hearings If the Board of Health has cause to believe that a specified geographic area has a rodent infestation, then the Board of Health, may schedule a public hearing upon

fourteen days prior written notice to landowners within the identified area and 300 feet around, and after a public hearing, may require that the all landowners within the geographic area bait the.ir property and/or take other remedial measures on such conditions and terms deemed necessary by the Board of Healtho (g) Adoption ofrules. The superintendent of inspectional services is authorized to adopt rules consistent with this ordinance for the purpose of carrying out and enforcing its provisions. (h) Violations It is unlawful for any owner or occupant of real property to fail to comply with the requ.irements of this ordinance or any order of the superintendent of inspectional services or Board of Health issued to carry out or enforce the requirements of this ordinance. The provisions of this ordinance may be enforced by the superintendent of inspectional services or Board of Health, by a noncriminal disposition pursuant to G. 1. c. 40, s. 2ID. Each violation of a provision of this ordinance is a separate and distinct offense and in a case of a continuing violation, each day that the violation continues constitutes a separate offense. Any person, finn, corporation. association or other entity violating any provision of this article shall be punished in accordance with Section 1-11 of this ordinance. Any interested person may request, in wTitlng, a hearing before a municipal hearing officer to contest the issuance of a fine, as provided in Chapter 1060 the Acts of 2008. A person who desires to contest a fine may request a hearing in accordance wttJ:r-~be-/'xcts of2008. Chapter L06. The imposition of penalties herein prescribed shall not preclude the City from instituting other remedies to abate violations of this ordinances as permitted by law, including, but not limited to criminal proceedings, application for equitable relief, or receivership proceedings bB 0) Rat stoppage by owner Lien. Failure to comply - work by Citv -lien on property. Upon receipt of notice in ""rAting from the superintendent of inspectional services, the owner, agent, or occupant in charge of any building, structure Of premises specified in such notice shall take immediate measures for the rat stoppage of such building or structure and fur the freeing of said premises of all rats, and unless said ",Iork is completed in the time specified in the notice, in no C"/ent to be less than 15 days, or any written extension thereof that may be granted by the server of the notice, then the owner, occupant or agent in charge of said buildi.ng, structure or premises shall be deemed guilty of a violation of this section. If an owner and/or occupant fails to comply with this ordinance after notice given hereinbefore set forth, the City may cause the work to be performed, and charge the owner of the property and place a lien against the property for expenses incurred.

2. Be it further ordained by the Board of Aldermen, that Section 1-11 (b) of the Code of Ordinances is hereby amended by adding in its place the following (additions are underlined and deletions are crossed out): Section 1-11 (b) Offense Fine Enforcing Personnel Rat Stoppage Rodent Control (Sec. 11-38) $100.00 1st offense: $50.00 2nd offense: $100.00 3rd and subsequent offense: $300.00 Police: inspectional services~ Board of Health