§ 26-60. Failure to eliminate breeding after notice.

(a)

In case the person responsible for the condition of premises on which mosquitoes breed or are likely to breed fails or refuses to take necessary measures to prevent their breeding within three days after notice in writing has been given to him by the health division, or within such longer time after such notice as may be specified in the notice, the person responsible shall be deemed guilty of a violation of this article. In case of such failure or refusal, the health division is authorized to take necessary measures to prevent the breeding of mosquitoes, and all necessary costs incurred thereby for that purpose shall be a charge against the person responsible.

(b)

For the purpose of this section, the person responsible for the condition of any premises is:

(1)

The person using or occupying the same.

(2)

In case no person is using or occupying the premises, the person who by law is entitled to the immediate possession of the same.

(3)

In case the premises are used or occupied by two or more tenants of a common landlord, or from grounds appurtenant to a house occupied by two or more tenants of a common landlord, then the landlord; each tenant, however, is responsible for that part of the premises which he occupies to the exclusion of the other tenants; provided, that, in case the premises are occupied by a tenant under a yearly or monthly tenancy, or under a lease for not more than a year, or under any lease whereby the lessor is expressly or impliedly obligated to keep the premises in repair, and the collection of standing or flowing water in which mosquitoes breed or are likely to breed is owing to the disrepair of the building or buildings, or to any natural quality of the premises, or to any condition that existed at the time when the tenant entered into possession, or to anything done in the premises by the landlord during the existence of the tenancy or lease, then, and in such case, the landlord is the person responsible.

(4)

Provided further, that any person who has caused to exist on any premises of which he is not the owner, landlord, occupant, or tenant any collection of water in which mosquitoes breed or are likely to breed is responsible, as well as the owner, landlord, tenant, or occupant, as the case may be.

(Code 1940, §§ 27.061, 27.062; Code 1964, § 14-15)