35-17 Amend Sec. 1306.34 Responsibility for Pest Extermination

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Placed on first reading and referred to Health & Human Services Committee 10/16/2017, second reading 11/6/2017. Recommended for adoption as amended 11/20/2017. Please substitute for the original. ORDINANCE NO. 35 -17 BY: Anderson, Bullock, Litten, Marx, Nowlin, O'Leary, O'Malley. AN ORDINANCE to amend Section 1306.34, Responsibility for Pest Extermination, of the Codified Ordinances of the City of Lakewood in order to clarify responsibility for pest identi- fication and extermination. WHEREAS, it is necessary and desirable to amend the Property Maintenance and Safety Code of the City to clarify responsibility for pest identification and extermination; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government, and the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 1306.34, Responsibility for Pest Extermination, of the Codified Ordi- nances of the City of Lakewood, currently reading as follows: 1306.34. RESPONSIBILITY FOR PEST EXTERMINATION Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, vermin, rodents or other pests therein or on the premises and every occupant of a dwelling unit in a dwelling unit containing more than one dwelling unit and every occupant of an occupiable structure shall be re- sponsible for such extermination whenever his dwelling unit or occupiable structure is the only one infested. Notwithstanding the foregoing, whenever the occupant fails to maintain a dwelling or an occupiable structure in a rat -proof or insect -proof condi- tion or whenever infestation exists in two or more occupancies in an occupiable structure, or in the shared or public parts of a dwelling containing two or more dwell- ing units, or in the shared or public parts of an occupiable structure, extermination thereof shall be the responsibility of the owner. shall be and hereby is repealed, and new Section 1306.34, Responsibility for Pest Extermination, of the Codified Ordinances of the City of Lakewood, is hereby enacted to read as follows: 1306.34. RESPONSIBILITY FOR PEST EXTERMINATION (a) An owner of an occupiable structure shall take such measures necessary to pre- vent and control the harborage and free movement of insects, vermin, rodents or other pests within the structure. An owner of an occupiable structure is solely re- sponsible for the extermination of insects, vermin, rodents or other pests within the structure. No owner shall fail to exterminate insects, vermin, rodents or other pests as required herein. (b) In the event that the dwelling is infested with or there is a report of infestation with bedbugs, the owner shall make written notification to all contiguous units (including adjacent units on either side, across the hall, or above or below the at-