Containers Holding Rain Water Could Draw Mosquitoes

DOHMH issued a violation notice to landlord after its inspector observed a barrel and other containers in the backyard of the building holding water. The DOHMH claimed that this created a condition conducive to breeding mosquitoes. Landlord claimed that she collected rain water to water the backyard garden and never left the water standing overnight. She also claimed that she had no notice that this was a violation. The ALJ ruled against landlord and fined her $600. Landlord appealed and lost. Health Code Section 151.03(a) requires any person in control of a premises to keep it free of accumulations of standing water. No notice of the violation was required, and there was no reduced fine for first offenders. There also was no minimal amount of time required to trigger the violation. Letting water stand for even a few hours a day was enough to draw mosquitoes.

Goodman: ECB App. No. 1301086 (12/19/13) [1-pg. doc.]