202 PUBLIC HEALTH NUISANCES – RODENT HARBORAGE CONDITIONS, PRIVATE PROPERTY

202.1 Property owners shall inspect their property for conditions that could support rodent harborage before they transfer or change the occupancy of any property in the District.

202.2 The Department shall consider one or more of the following rodent harborage conditions a nuisance injurious to public health:

(a) Grass or weed growth at eight inches (8") or higher on public or private property, in accordance with Section 908(a) of the Rodent Control Act of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 8-2103.05(a) (2013 Repl.)), not including “critical areas” designated by the Department of Energy and Environment pursuant to the Fisheries and Wildlife Omnibus Amendment Act of 2016, effective May 19, 2017 (D.C. Law 21-282, § 202; D.C. Official Code § 8-1731.02 (2018 Supp.));

(b) Allowing spillage from outdoor receptacles or waste handling units such as collection vehicles to remain on the property;

(c) Accumulating trash, animal fecal matter, discarded items and furniture, boxes, tires, vehicles, or construction materials on the property;

(d) Accumulating trash, debris, discarded or unnecessary items on public property, such as tree beds, alleyways, or roadways.

(e) Accumulating trash, debris, discarded or unnecessary items on any part of private property, including porches, basement well areas, yard areas, or other exterior areas;

(f) Accumulating trash, debris, discarded or unnecessary items on any part of private property adjacent to public or private property, such as garages, driveways, or other exterior areas.

(g) Storing pet food or bird feed in containers that are not rodent-proof or leaving uneaten pet food or bird feed on the ground after feedings;

(h) Placing refuse in plastic bags outside of container to store and dispose of solid waste other than yard waste;

(i) Improperly storing debris, solid waste, food waste, or grease receptacles outdoors;

1. (j) Storing debris, solid waste, food waste, or grease outdoors in residential receptacles that are accessible to rodents and other pests;
2. (k) Storing debris, solid waste, food waste, or grease in outdoor receptacles that are not rodent proof, as defined in Section 9901 of these regulations, due to damaged or improper construction;
3. (l) Storing debris, solid waste, food waste, or grease in outdoor receptacles that are not rodent proof, as defined in Section 9901 of these regulations, due to improper maintenance;
4. (m) Storing food waste or grease in outdoors receptacles that are not rodent proof, with tight fitting lids, doors, or covers, as defined in Section 9901 of these regulations;
5. (n) Storing food waste outdoors in receptacles that are not durable, cleanable, insect and rodent proof, leak proof, and nonabsorbent, as defined in Section 9901 of these regulations;
6. (o) Storing food waste outdoors in unprotected plastic bags and paper bags, or baled units that contain materials with food residue;
7. (p) Storing debris, solid waste, food waste, or grease outdoors in waste receptacles that do not have drain plugs in place;
8. (q) Maintaining an insufficient number of waste receptacles to properly store the amount of debris, solid waste, food waste, or grease being generated;
9. (r) Storing debris, solid waste, food waste, or grease on an outdoor surface that is not constructed of nonabsorbent material such as concrete or asphalt;
10. (s) Storing debris, solid waste, food waste, or grease on an outdoor surface that is not smooth, durable and sloped to drain;
11. (t) Using an outdoor storage or enclosure area that is not constructed of durable and cleanable materials to store debris, solid waste, food waste, or grease;
12. (u) Using an outdoor storage or enclosure area that lacks sufficient capacity to hold debris, solid waste, food waste, or grease being stored;

(v) Using an on-site compactor that is not installed flushed with the base pad under the unit that does not provide easy access to effectively clean around the unit;

(w) Storing discarded or unnecessary items in outdoor storage or enclosure areas;

(x) Soiled waste receptacles not cleaned on a regular basis to prevent the development of buildup of waste matter or from becoming an attractant to insects and rodents; or

(y) Not using regularly scheduled pickups to remove debris, solid waste, food waste, or grease from the property at a frequency that minimizes the development of objectionable odors and other conditions that attract or harbor insects and rodents.

SOURCE: Final Rulemaking published at 66 DCR 7951 (July 5, 2019).