Chapter 23
FLY CONTROL
Sections:
23-1. Breeding place of flies defined.
23-3. Inspection by health officer.
23-4. Right of entry for inspection – Penalty for refusal.
23-5. Identification for inspectors.
23-6. Notice to abate nuisance.
23-7. Notice of intention to abate nuisance – Liability for the costs to abate – Hearing.
23-9. Other remedies not excluded.
23-1 Breeding place of flies defined.
“Breeding place of flies,” as used in this chapter, means any place found to breed flies in an amount and manner such as to endanger public health or to create unreasonable interference with the comfortable enjoyment of and use of life and property by others. (Ord. No. 322, (part).)
23-2 Public nuisance.
The board of supervisors of Colusa County hereby declares that any breeding place of flies in the unincorporated territory of Colusa County which exists by reason of any condition or use made of land, organic plant, waste, fowl or animal material, or of any other substance whatsoever, or the deposit or the storage thereof, is a public nuisance. (Ord. No. 322, (part).)
23-3 Inspection by health officer.
It shall be the duty of the health officer of Colusa County, upon routine inspection, or whenever he is informed or has reasonable cause to believe that any land, building or collection of plant or animal waste or any substance or existing condition on any lot, farm or other land or on any other premises is a breeding place of flies, to enter, after demand, upon such premises and to determine by inspection whether or not there is an existing breeding place of flies. (Ord. No. 322, (part).)
23-4 Right of entry for inspection – Penalty for refusal.
Except as to residences and living quarters, the health officer or his authorized deputies or inspectors, for the purpose of routine inspection or whenever he has reasonable cause to believe that any violation of this chapter exists upon any premises or in any place, shall have the right to enter thereon in the daytime. He shall display his identification upon request, and shall make demand for such entry from any person who may be present; however, he shall have the right to go upon the premises whether or not any person is present. Every person who owns, occupies or otherwise is then in possession of such premises and who, after such display and demand, refuses or willfully delays to open the same and permit an inspection thereof is guilty of a misdemeanor and subject to punishment upon conviction thereof by a fine not exceeding one hundred dollars or by imprisonment in the county jail for not over ten days, or by both such fine and imprisonment. (Ord. No. 322, (part).)
23-5 Identification for inspectors.
The health officer shall furnish each of his deputies and inspectors with identification in such form as he shall prescribe. (Ord. No. 322, (part).)
23-6 Notice to abate nuisance.
Whenever there exists in any place within the unincorporated territory of the county a breeding place of flies, the county health officer shall notify, in writing, the record owner or person having control or possession of such place or premises to abate such nuisance.
The notice shall direct the owner or person in control or possession of the place or premises, within the time specified in such notice, to abate the nuisance and to perform any and all work necessary to prevent the recurrence thereof in the places or premises specified in the notice.
The notice shall be served upon the owner of record or person having control or possession of the place or premises upon which the nuisance exists, or upon the agent of either.
Notices may be served by any person authorized by the health officer of Colusa County for such purpose in the same manner as a summons in a civil action. (Ord. No. 322, (part).)
23-7 Notice of intention to abate nuisance – Liability for the costs to abate – Hearing.
Upon the neglect or refusal of the owner or the person having control or possession of any place or premises to comply with the notice to abate, the health officer may abate such nuisance, and the owner of such place or premises, or the person having control or possession thereof, shall be liable to the county for the costs of such abatement which may be recovered in a civil action.
In the event the health officer elects to abate any such nuisance, he shall serve or cause to be served, upon the record owner or the person in control or possession of the premises, a “notice of intention to abate,” and if a hearing is not requested before the board of supervisors as hereinafter provided within ten days after service of the “notice of intention to abate,” the health officer may proceed to abate any such nuisance as hereinabove provided.
The request for hearing shall be in writing and shall be filed with the clerk of the board of supervisors. Notice of the time and place the board will consider the matter shall be mailed by the clerk of the board of supervisors to the applicant and to the county health officer. At the time fixed for the hearing, the board shall hear and consider all relevant testimony and evidence relating to the matter as offered by the applicant and by the county health officer. Upon the conclusion of the hearing, the board of supervisors shall determine whether or not a condition contrary to the provisions of this chapter exists and whether or not the health officer may abate. (Ord. No. 322, (part).)
23-8 Penalty.
Any person, firm or corporation, whether acting as principal, agent, employee or otherwise, having control or possession of any place or premises upon which there is existing a breeding place for flies, who refuses or neglects either to abate the same or to take corrective measures to prevent its recurrence in accordance with the written notice from the county health officer within the time specified in the notice, is guilty of a misdemeanor and subject to punishment upon conviction thereof by a fine not exceeding five hundred dollars, or six months’ imprisonment in the county jail, or by both such fine and imprisonment. (Ord. No. 322, (part).)
23-9 Other remedies not excluded.
Provisions of this chapter in reference to abatement are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. (Ord. No. 322, (part).)
23-10 Enactment.
The ordinance codified in this chapter shall take effect thirty days after its passage, and prior to the expiration of fifteen days after the adoption hereof shall be published in a newspaper of general circulation within the county. (Ord. No. 322, (part).)