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HomeMy WebLinkAbout02138 ORD - 08/26/1947AN ORDINANCE PROVIDING FOR PROTECTION OF THE PUBLIC HEALTH BY CONTROLLING AND PREVENTING THE SPREAD OF RAT- BORNE DISEASES AND INFECTIONS BY THE ELIMI- NATION OF 19SANITARY CONDITIONS ASSOCIATED WITH SUCH DISEASES; PROVIDING REGULATIONS FOR EXTER- MINATION OF RATS; RAT PROOFING OF STRUCTURES AND MAINTENANCE THEREOF IN A RAT -PROOF CONDITION; PRESCRIBING PENALTIES FOR VIOLATIONS OF THE SAME AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That for the purposes of this ordinance the following definitions shall apply: A. The term "business buildings" shall mean any structure, whether public or private, that is adapted for occupancy for transaction of business, for rendering of professional service, for amusement, for the display, sale or storage of goods, wares, or merchandise, or for the performance of work or labor, including hotels, apartment buildings, tene- ment houses, rooming houses, office buildings, public buildings, stores, theaters, markets, restaurants, grain elevators, abbatoirs, warehouses, workshops, factories, and all outhouses, sheds, barns and other structures on premises used for business purposes. B. The term °ratproofing" as used herein applies to a form of construction to prevent the ingress of rats into business buildings from the exterior or from one business building or establishment to another. It consists of treatment with material, impervious to rat gnawing, all actual or potential openings in exterior walls, ground or first floors, basements, roof and foundations, that may be reached by rats from the ground by climbing or by burrowing. C. The term "rat harborage" shall mean any condition which pro- vides shelter or protection for rats, thus favoring their multiplication and continued existence in, under, or outside of any structure. D. The term "rat eradication" means the elimination or exter- mination of rats within buildings by any or all of the accepted measures, such as; poisoning, fumigation, trapping, etc. 2-13F E. The term "Health Officer" as used herein means the Superin- tendent, Commissioner or Director of Health or any duly authorized repre- sentative. F. The term "owner" shall mean the actual owner, agent, or custodian of the business building, whether individual, partnership, or corporation. The lessee shall be deemed the "owner" for the purpose of this ordinance when business buildings agreements hold the lessee responsible for maintenance and repairs. G. The term "occupant" as used herein shall mean the individual, partnership, or corporation that uses or occupies any business building or part or fraction thereof, whether the actual owner or tenant. In the case of vacant business buildings or_ vacant portions thereof, the owner, agent, or custodian shall be deemed the "occupant". SECTION 2. That all business buildings in the City of Corpus Christi shall be ratproofed, freed of rats, and maintained in a ratfree condition. A. That for the purpose of obtaining rat - stoppage of business buildings, the following regulations are set forth as the minimum require- ments for applying rat - stoppage to business buildings. (a) The public Health Officer or his representative shall approve all materials used and the method of installation. (b) Solid sheet metal, expanded metal and wire cloth specified in these regulations shall have a rust - resisting, protective coating. (c) All foundation wall ventilator openings shall be covered for their entire height and width with perforated sheet metal plates of a thickness not less than fourteen (14) gauge, or with expanded sheet metal of a thickness not less than eighteen (18) gauge, or with cast iron grills or grates, or with any material of sufficient strength and equal rat - restating _ properties. The openings therein shall be small enough to pre- vent the ingress of rats, and in no instance shall be larger than one -half (112 ") inch mesh. -2- (d) All foundations and exterior wall openings excluding those used for the purpose of ventilation, light, doors, and windows, such as those openings around pipes, electric cables, conduits, openings due to deteriorated wall, broken masonry or concrete, shall be protected against the ingress of rats by closing such openings with cement mortar, concrete or masonry, or close - fitting sheet metal or suitable size pipe flanges or other material with equal rat - resisting properties, which shall be securely fastened in place. (e) Doors.--All exposed edges of the lower eight (8 ") inches of wooden doors and door jambs, serving as front, rear or side entrances into business buildings, from the ground, basement or cellar floors, and other doors accessible to rats, shall be protected against the gnawing of rats by covering said doors and jambs with solid sheet metal of not less than twenty - four (214) gauge thickness. The same material shall be used on door sills or thresholds, or such door sills or thresholds may be constructed of cement, stone, steel or cast iron. Doors, door jambs and sills of coal chutes and hatchways that are constructed of wood shall be covered with solid sheet metal Of twenty -four (24) gauge or heavier, or they may be replaced with metal chutes of twenty-four (24) gauge or heavier installed in such manner as will prevent the ingress of rats. All build- ings with side and rear door entrances shall be provided with fly screen and hardware cloth doors. These doors should be provided with suitable automatic self - closing devices. All doors on which metal channel flashing has been applied shall be properly hinged to provide for free swinging, i9fhen closed, doors shall fit snugly so that the maximum clearance between any door, door jambs and sill shall not be greater than three - eights (3/8 ") of sin inch. (f) Windows.- -All windows and other openings for the pur- pose of light or ventilation shall be covered for their entire -3- height and width, including frame, with wire cloth of nineteen (19) gauge or heavier, in installed metal frames of twenty -four (24) gauge and anchored in place with rust resisting screws, having a mesh of not larger than one- half (1%211) inch. 611 window and other openings for the purpose of light or ventilation that may be accessible to rats by way of ex- posed pipes, wires, conduits and other appurtenances, shall be covered as specified above. Or in lieu of wire cloth covering, said pipes, wires, conduits and other appurtenances shall be blocked from rat usage by installing sheet metal guards of twenty -four (24) gauge or heavier. Such guards when used on vertical pipes, wires, conduits or other appurtenances shall be fitted snugly around the pipe, wire, conduit or other appurtenance. (g) Light walls with windows in exterior walls that are located below the outside ground level shall be protected from the ingress of rats by one of the following methods: 1. Installing over light walls cast iron or steel grills or steel gratings, or other material of equal strength and rat - resisting properties, with opening in grills or grating not to exceed one -half (1 /2 ") inch in largest dimension. 2. Installing securely to and completely covering existing metal grills that are broken or have openings larger than one -half (1 /2 ") inch in largest dimension or otherwise defective, with expanded metal of eighteen (16) gauge or heavier, having openings not greater than one -half (1 /2 ") inch in largest dimension. At the option of the owner the opening in the wall of the building below the grate may be entirely closed with brick or concrete or partially closed and the remaining open space covered with nineteen (19) gauge or heavier wire cloth with mesh not to exceed one -half (1/22) inch. -4- (h) Business buildings constructed on piers having wooden floor sills less than twelve (12 ") inches above the surface of the ground shall have intervening space between floor sill and ground protected against the ingress of rats by installing a solid masonry or concrete not less than four (40) inches thick around the entire perimeter of the business building and extending said curtain wall to a depth of not less than eighteen (18 ") inches deep with a twelve (120) inch shelf extending outward from the wall and fastening securely to the exterior wall of the business building, in such a manner as will prevent rats from entering the building. And in said four (4 ") inch curtain wall a screened -in venti- lator 1L4 sq. in. in size,in accordance with specifications set out in this ordinance, shall be placed every 10 lineal feet around the building. All water, gas, sewer or electrical conductors which pass through this wall must be protected with sleeves of the proper size. If wood floor inside of building is replaced with a concrete slab, gas piping, if any, beneath the floor must be rerun into the building above the new floor level. In lieu of the installation of curtain walls, all ground floor of wood construction may be replaced with concrete of not less than three (3 ") inches in thickness. Exterior wall protection shall be securely tied in a ratproof manner, into the concrete floor at all points. Business buildings constructed on piers having wooden floor sills greater than twelve (1211) inches above the ground level shall have the intervening spaces between floor sill and ground protected against the ingress of rats by installing curtain walls in accordance with the preceding paragraph, or by protecting said business buildings against the ingress of rats by installing solid sheet metal coverage of twenty -four (24) gauge or heavier snugly around each pipe, cable, wire, conduit or other utility service passing through wooden ground -5- floor. Said metal coverage shall not be less than eight (811) inches in diameter larger than diameter of pipe, cable, wire, conduit or other utility service, and shall be securely fastened to the wooden floor. All other openings in wooden ground floors through which rats may gain entrance into double walls or the interior of business buildings, such as openings that may exist in floors and double walls above floor sills, shall be closed with twenty -four (24) gauge or heavier solid sheet metal of sixteen (16) gauge or heavier wire cloth of one -half (1/2 ^) inch mesh or masonry or with concrete. Wood frame constructed business buildings having concrete or masonry foundation walls shall have ventilators in foundation walls protected as herein provided in Section (A) (d). All miscellaneous wall openings, doors and windows shall be pro- tected in accordance with this ordinance. B. The Public Health Officer or his representative shall approve the method of installations for arW other rat- stoppage construction of business building which are not specified in the foregoing paragraphs. SECTION 3. That upon receipt of written notice and /or order from the Health Officer, the owner of any business building specified therein shall take immediate measures for ratproofing the building, and that unless said work and improvements have been completed by the owner in the time specified in the written notice, in no event to be less than fifteen (15) days, same shall constitute a violation of this Ordinance. SECTION 4. That whenever the Health Officer notifies the occu- pant or occupants, of a business building in writing that there is evidence of rat infestation of the building, said occupant or occupants shall immediately institute rat eradication measures in accordance with the terms of this Ordinance and shall continuously maintain such measures until the premises are free of rat infestation. Said measures shall be taken within five (5) days after receipt of notice. SECTION 5. That the owners of all ratproofed business buildings are required to maintain the premises in a ratproof condition and to repair all breaks or leaks that may occur in the ratproofing without a specific order of the Health Officer. SECTION 6. That from and after passage of this ordinance the Health Officer is empowered to make unannounced inspections of the interior and exterior of business buildings to determine full compliance with this ordinance, and the Health Officer shall make periodic inspections at intervals of not more than forty -five (45) days of all ratproofed buildings to determine evidence of rat infestation and the existence of new breaks or leaks in their ratproofing and, when any evidence is found indicating the presence of rats or openings through which rats may again enter busi- ness buildings, the Health Officer shall serve the owners or occupants with notice and /or orders to abate the conditions found. SECTION 7. That whenever conditions inside or under occupied business buildings provide extensive harborage for rats said Health Officer is empowered, after due notification in accordance with Section 3, to close such business buildings until such time as the conditions are abated by ratproofing and harborage removal including, if necessary, the installation of suitable concrete floors in basements or replacement of wooden first or ground floors with concrete or other major repairs necessary to facilitate rat eradication. SECTION 8. That whenever conditions inside or under unoccupied business buildings provide extensive harborage for rats said Health Officer is empowered to require compliance with the provisions of Section 3 above and, in the event that said conditions are not corrected in a period of sixty (6q days, the Health Officer is empowered to institute condem- nation and destruction proceedings. SECTION 9. That it shall be unlawful under the provisions of this ordinance for the occupant, owner, contractor, public utility company, plumber or any other person to remove and fail to restore in like condi- tion the ratproofing from any business building for any purpose. Further, it shall be unlawful for any person or agent to make any new openings that are not closed or sealed against the entrance of rats. SECTION 10. It shall be unlawful for any person, firm or corpor- ation hereafter to construct, repair or remodel any building, dwelling, stable or market, or other structure whatsoever, unless such construction, MM repair, remodeling or installation shall render the building or other structure ratproof in accordance with the regulations prescribed herein and hereunder. The provisions of this Sectiozi apply only to such construction, repairs, remodeling or installation as affect the ratproof condition of any building or other structure. SECTIM 11. It shall be unlawful for any person, firm or corporation hereafter to occupy any new or existing business buildings wherein foodstuffs are to be stored, kept, handled, sold, held or offered for sale without complying with Section 10 of this ordinance; and unless the provisions of this Section are complied with no city license or per- mit to conduct or carry on such business as defined above will be issued. SECTION 12. That all food and feed within the City of Corpus Christi for feeding chickens, cows, pigs, horses, and other animals shall be stored in rat -free and ratproof containers, compartments, or rooms unless stored in a ratproof building. SECTION 13. That within the corporate limits of the City of Corpus Christi all garbage or refuse consisting of waste animal or vegetable matter upon which rats may feed, and all small dead animals, shall be placed and stored until collected in covered metal containers of a type prescribed by the Health Officer. SECTION 14. It is further declared unlawful for any person, firm, or corporation to dump or place on any premise, land or waterway, any dead animals, or any waste vegetable or animal matter of any kind. SECTION 15. That it shall be unlawful for any person to place, leave, dump, or permit to accumulate any garbage, rubbish or trash -in any building or on any premise, improved or vacant, or on any open lot, street or alley in the City of Corpus Christi so that same shall or may afford food or harborage for rats. SECTION 16. That it shall be unlawful for any person to permit to accumulate on any premise, improved or vacant, or on any open lot, street or alley in the City of Corpus Christi any lumber, boxes, barrels, bottles, pans, containers, or similar materials that may be permitted to remain thereon unless same shall be placed on open racks that are elevated not less than eighteen (18) inches above the ground, and evenly piled or stacked. -8- SECTION 17. Penalty: Any person, firm, or corporation who shall violate any provision or provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not in excess of One Hundred ($100.00) Dollars. Each day's violation shall constitute a separate offense. SECTION 18. Savings Clause: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconsti- tutional, void, or invalid, the validity of the remaining portions of this ordinance shall not be affected thereby. SECTION 19. The necessity for protecting the health of the citizens of the City of Corpus Christi and preventing the spread of diseases caused by rats creates a public emergency and public imperative necessity requiring the suspension of the Charter rule that no Ordinance or resolution shall be passed finally on the date it is introduced and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended, and that this ordinance be passed finally on the date of its introduction and be in full force and effect from and after its passage and publication as required by law, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this Z day of '��� ,t A.D. 1947. CityAf Corpus--Mristi, Texas ATTEST& City Secretary j APPROVED AS TO LEGAL FORM. AC orney Absistany0ity Attorney Cor a Christi, Texas " LL , 1947 TO THE bMMMS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe Dawson L, The above ordinance was passed by the following vote Wesley E. Seale George R. Clark, Jr. John A. Ferris" R. R. Henry Joe Dawson t PUM