Even if an owner cannot do anything about pests on her property, she must fight them and bear the costs. At least, this is what the Berlin Administrative Court (VG 14 L 1235/22) has now ruled. In the case at hand, an unknown person had provided rats with food and drinks on a property in Berlin-Reinickendorf. The rat infestation had been reported to the public health department and confirmed by several persons independently of each other.
The health department carried out a site inspection. After this inspection, the Reinickendorf district office obliged the owner to entrust a specialist with rat control within one week and to inform the district office of this in writing. If this did not happen, the district office wanted to carry out the rat control itself and charge the owner for the costs.
The owner then filed an emergency application, but without success. The owner's obligation to control rats in this case is based on the Ordinance on the Control of Health Pests. This is the case even if the owner is not at fault or responsible for the development of the rat infestation. The owner can still appeal against the decision to the Higher Administrative Court of Berlin-Brandenburg.
Source: berlin.de/VG 14 L 1235/22
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