Legislation
SECTION 1501
Municipal mosquito control; costs to owner and municipality
Public Health (PBH) CHAPTER 45, ARTICLE 15, TITLE 1
§ 1501. Municipal mosquito control; costs to owner and municipality.
1. Whenever the board of health of a municipality shall determine that
any accumulation of water wherein mosquito larvae breed, constitutes a
nuisance or a danger or injury to life or health, the owner or owners of
the premises on which the breeding place is located shall bear the
expense of its suppression or removal, or so much thereof as the local
board of health shall determine to be equitable as hereinafter provided.
2. If the local board of health of a municipality shall determine
that, owing to the natural conditions which are favorable to the
breeding of mosquitoes and owing to the benefit to be secured to the
public by the suppression of such conditions, a part of the expense of
such suppression or removal shall be borne by the owner of such premises
and a part thereof by the municipality wherein the premises are
situated, such owner or occupant may proceed to suppress or remove such
breeding place and shall be reimbursed by the municipality for such
proportion of the reasonable expense of such suppression or removal as
the board of health shall have determined should be borne by the
municipality.
3. For the purpose of ascertaining the actual cost of such suppression
or removal, the board of health of the municipality or its duly
authorized agents may at all times have access to the premises whereon
the work is being carried on; and the owner of the premises shall
furnish to such board of health such information as the board of health
may deem necessary or desirable for the purpose of ascertaining such
actual cost.
4. If in any such case the owner of the premises shall not proceed,
within a reasonable time, to suppress or remove such breeding place, the
board of health of the municipality may proceed to suppress and remove
the same, and for such proportion of the expense of such suppression and
removal as the board of health shall have determined to be equitable, an
action may be maintained against such owner, and the same shall become a
first lien upon the premises.
1. Whenever the board of health of a municipality shall determine that
any accumulation of water wherein mosquito larvae breed, constitutes a
nuisance or a danger or injury to life or health, the owner or owners of
the premises on which the breeding place is located shall bear the
expense of its suppression or removal, or so much thereof as the local
board of health shall determine to be equitable as hereinafter provided.
2. If the local board of health of a municipality shall determine
that, owing to the natural conditions which are favorable to the
breeding of mosquitoes and owing to the benefit to be secured to the
public by the suppression of such conditions, a part of the expense of
such suppression or removal shall be borne by the owner of such premises
and a part thereof by the municipality wherein the premises are
situated, such owner or occupant may proceed to suppress or remove such
breeding place and shall be reimbursed by the municipality for such
proportion of the reasonable expense of such suppression or removal as
the board of health shall have determined should be borne by the
municipality.
3. For the purpose of ascertaining the actual cost of such suppression
or removal, the board of health of the municipality or its duly
authorized agents may at all times have access to the premises whereon
the work is being carried on; and the owner of the premises shall
furnish to such board of health such information as the board of health
may deem necessary or desirable for the purpose of ascertaining such
actual cost.
4. If in any such case the owner of the premises shall not proceed,
within a reasonable time, to suppress or remove such breeding place, the
board of health of the municipality may proceed to suppress and remove
the same, and for such proportion of the expense of such suppression and
removal as the board of health shall have determined to be equitable, an
action may be maintained against such owner, and the same shall become a
first lien upon the premises.