Chapter 6.60
CONTROL OF FLIES
Sections:
6.60.010 Decaying matter prohibited--Excessive breeding of flies defined.
6.60.030 Written notice--Serving upon owner.
6.60.060 Abatement costs to be assessed against property owner--Exception.
6.60.070 Failure to abate--Penalty.
6.60.080 Service of notice to abate--Penalty.
6.60.090 Enforcement--Right of entry.
6.60.100 Nuisances not authorized by chapter.
6.60.010 Decaying matter prohibited--Excessive breeding of flies defined.
No person shall permit the accumulation on premises owned by him or under his control of decaying animal, vegetable or mineral matter, excreta from domestic animals or fowls, or human excreta, in such a manner as is likely to cause excessive breeding of flies. “Excessive breeding of flies” means the production of flies in such quantity as may endanger the health or interfere with the comfort of persons who occupy property in the neighborhood. (Ord. 8 Sec. 2 (County Ord. 483 Sec. 1), 1964)
6.60.020 Nuisance.
Any accumulation of materials mentioned in Section 6.60.010 that causes or is likely to cause excessive breeding of flies as defined in Section 6.60.010 constitutes a nuisance. (Ord. 106 Sec. 1 (part), 1969: Ord. 8 Sec. 2 (County Ord. 483 Sec. 2), 1964)
6.60.030 Written notice--Serving upon owner.
Where the fly control inspector is of the opinion that there is an accumulation of materials mentioned in Section 6.60.010 that is causing or is likely to cause excessive breeding of flies, as defined in Section 6.60.010, the fly control inspector shall give written notice to the owner of record of the premises and to the person having control or possession of the premises to abate such nuisance within three days thereafter by removal or treatment thereof in a manner acceptable to the fly control inspector. Such notice shall be served personally or by certified mail by any person authorized by the fly control inspector. (Ord. 160 Sec. 2 (part), 1971; Ord. 106 Sec. 1 (part), 1969: Ord. 8 Sec. 2 (County Ords. 483.1 Sec. 1: 483 Sec. 2.1), 1964)
6.60.040 Abatement by city.
Upon the neglect or refusal of the owner, or person having control or possession of any place or premises to comply with such notice to abate, the city may abate such nuisance pursuant to the provisions of this section. Upon undertaking abatement pursuant to this section, the city may use city employees and equipment or may use persons and equipment contracted with for this purpose by the city. (Ord. 106 Sec. 1 (part), 1969: Ord. 8 Sec. 2 (County Ord. 483 Sec. 2.2), 1964)
6.60.050 Request for hearing.
At any time within fifteen days after receiving a notice to abate given pursuant to Section 6.60.030, the owner of the premises affected, or the person having control or possession thereof, may request the city council to hear testimony and to receive evidence on the question of whether or not abatement by the city constituted compliance with the intent and provisions of this chapter. Such request shall be in writing and shall be filed with the city clerk. The city clerk shall set the hearing before the city council at a time not more than thirty days after the request is received by the city clerk. Notice of the time and place the city council will consider the matter shall be mailed by the city clerk to the person requesting the hearing and to the fly control inspector at least ten days before such hearing. At the time fixed for hearing the city council shall hear and consider all relevant testimony and evidence relating to the matter as offered by the person requesting the hearing and by the fly control inspector. Upon the conclusion of the hearing the city council shall determine by a majority vote of the city council members present whether or not the abatement by the city constituted compliance with the intent and provisions of this chapter. (Ord. 160 Sec. 2 (part), 1971; Ord. 106 Sec. 1 (part), 1969: Ord. 8 Sec. 2 (County Ord. 483 Sec. 2.3), 1964)
6.60.060 Abatement costs to be assessed against property owner--Exception.
Unless the city council determines, after hearing as provided in Section 6.60.050, that the abatement by the city did not constitute compliance with the intent or provisions of this chapter, the expenses of the abatement shall constitute a personal obligation as against the property owner and to the person having control or possession of the premises and, pursuant to Section 38773.5 of the Government Code of the state of California, shall be a special assessment against the parcel on which abatement occurs. The assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary city taxes. (Ord. 106 Sec. 1 (part), 1969: Ord. 8 Sec. 2 (County Ord. 483 Sec. 2.4), 1964)
6.60.070 Failure to abate--Penalty.
Any person who neglects or refuses to abate such condition within the time specified in the written notice is guilty of a misdemeanor and upon conviction shall be punishable as provided in Section 1.04.020. (Ord. 8 Sec. 2 (County Ord. 483 Sec. 3), 1964)
6.60.080 Service of notice to abate--Penalty.
Any person whose premises the fly control inspector determines are being maintained in such manner as to cause excessive breeding of flies and who, not less than six nor more than ninety days before the determination, had been served with either or both of the notices mentioned in Section 6.60.020 and 6.60.030, is guilty of a misdemeanor, whether or not he abated the condition or conditions specified in the notice or notices, and upon conviction shall be punishable as provided in Section 1.04.020. (Ord. 160 Sec. 2 (part), 1971; Ord. 8 Sec. 2 (County Ords. 483.2 Sec. 1: 483 Sec. 3.1), 1964)
6.60.090 Enforcement--Right of entry.
The fly control inspector shall enforce this chapter. The fly control inspector, or any officer or employee of the city acting at his request or under his direction, shall have the right to enter upon lands and buildings other than dwellings for the purpose of enforcing this chapter, and in making such entry shall take reasonable precaution to minimize the spread of disease from any premises. (Ord. 160 Sec. 2 (part), 1971; Ord. 8 Sec. 2 (County Ord. 483 Sec. 4), 1964)
6.60.100 Nuisances not authorized by chapter.
Nothing contained in this chapter shall be construed to authorize any person to maintain a public or private nuisance, or to prevent any proceeding for abatement thereof. (Ord. 8 Sec. 2 (County Ord. 483 Sec. 5), 1964)