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Neighbor Notification Law Highlights for Property Owners

Beginning March 1, 2001 Albany County passed a law requiring notification when commercial and residential lawn pesticides are used. The following are highlights that will help explain the new law as it relates to property owners and how to comply with the law.

• As a property owner you are required by law to inform the occupants of your units at least 24 hours prior to any proposed pesticide application to property adjacent to their dwellings.
• The requirements for property owner:
  • at least 48 hours prior to any commercial lawn application, the pesticide applicator or business making such application shall supply written notice to occupants of all dwellings, or to owners or owners' agents, or to other persons in authority for multiple dwellings and other occupied structures, in abutting property that is within 150 feet of the site of such application.
  • the written notice may be provided by you in any reasonable manner including, but not limited to, mailing or leaving in a conspicuous location on the abutting property.
  • as the owner or owners' agent, or other person in authority of a multiple dwelling, you must give a copy of the notice (the one you receive from the commercial applicator at least 48 hours prior to the application) to the occupants of each residential unit at least 24 hours prior to any proposed application.
  • as the owner of an occupied structure other than a dwelling, you must post the notice at least 24 hours prior to any application in a conspicuous location accessible and visible to all individuals who may enter the structure.
• Written notice must include the following:
  • lettering at least 12 point type
  • the address of the premises where the application is to take place à the name, telephone number and pesticide business registration number or pesticide applicator certification identification number of the person applying or supervising the pesticide application
  • the specific date of each scheduled application and two alternative dates, if weather or other conditions might preclude the original application date
  • the product name and the US Environmental Protection Agency (USEPA) registration number for each pesticide applied
  • a prominent statement that reads:

There may be many instances in which people living in apartment complexes do not want to receive notices of nearby commercial lawn applications. The regulations are flexible for such people. The regulations require that the 48 hour notice must be given to the owner or owners' agent of the multiple dwelling or other person in authority over the multiple dwelling. The occupants must then be supplied with the written notice within 24 hours by the owner or owners' agent or person of authority over the multiple dwelling. Every occupant has the right to receive the written notice; however an occupant is free to work out any arrangement with the owner, owners' agent, or other person of authority over the multiple dwelling to refuse or avoid further notices. If the occupant does not ask you to hold any further notices, you must give each notice to the occupant as required by the regulations.

• Penalties for property owners in violation are up to a maximum of:
  • a written warning and educational materials for the first violation;
  • a $100 fine for the second violation; and,
  • a $250 fine for the third and subsequent violations

These penalties may be levied only after a hearing or opportunity to be heard.