Landlord Fined for Signs of Rodent Activity

The DOHMH issued a violation notice to landlord based on active signs of rodents around the building. The issuing officer saw burrows in front of the building. Landlord claimed that neither he nor tenants had seen signs of rodents before receiving the violation notice and he promptly hired an exterminator and took other pest control measures. The ALJ still fined landlord $300. Landlord appealed and lost. The penalty imposed by Health Code Section 151.02(a) is for a first violation. Taking rodent control measures after receiving the violation wasn't a defense to the penalty.

Smith: ECB App. No. 1300258 (7/25/13) [1-pg. doc.]