Chapter 6.80
FLY AND RODENT ABATEMENT
Sections:
6.80.030 Inspection and right of entry.
6.80.060 Owner to abate and liability for costs.
6.80.010 Definitions.
“Breeding place” of flies and rodents means any place found to breed flies or rodents in an amount or manner such as to endanger public health or safety or to create unreasonable interference with the comfortable enjoyment of life and use of property by others.
“Fly” means, but is not limited to, all species of domestic flies, fly larvae or pupae.
“Putrescible waste” means any matter, solid or liquid, which is capable of serving as a breeding medium for flies or the production of odors offensive to the senses.
“Rodents” means, but is not limited to, rats, mice, gophers and ground squirrels. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 99 § 1 (part), 1972].
6.80.020 Public nuisance.
The city council of Rancho Cordova declares that any breeding place of flies and rodents in the city of Rancho Cordova which exists by reason of any condition or use made of land, organic plant waste, refuse, putrescible waste or of any other substance whatsoever, or the deposit or storage thereof, is a public nuisance. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 99 § 1 (part), 1972].
6.80.030 Inspection and right of entry.
The director of the neighborhood services division, his authorized deputies and inspectors, whenever he has reasonable cause to believe that any land, building or collection of organic plant waste, refuse, putrescible waste or any other substance or existing condition on any lot, farm or other land or any other premises is a breeding place of flies or rodents, may enter upon the land between the hours of 6:00 a.m. and 6:00 p.m. and determine, by inspection, the taking of samples or conducting tests if necessary, whether or not there is an existing breeding place of flies or rodents; however, this section may not be construed as giving the director of the neighborhood services division, his authorized deputies, or inspectors the right to enter into any dwelling which may be located on the premises. [Ord. 38-2007 § 1 (Exh. 1(E)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0869 § 20 (part), 1992; SCC 99 § 1 (part), 1972].
6.80.040 Identification.
The director of the neighborhood services division, his authorized deputies and inspectors, when entering upon any premises, shall present to the owner, tenant or other person in charge identifying credentials. When appropriate, the inspection shall be made with the permission and consent of the owner, tenant or person in charge. [Ord. 38-2007 § 1 (Exh. 1(E)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0869 § 20 (part), 1992; SCC 99 § 1 (part), 1972].
6.80.050 Notice.
Whenever the director of the neighborhood services division determines that there exists a public nuisance as described in RCMC 6.80.030, he may issue a written notice to the owner, tenant, or other person in charge that the condition which is the cause of the public nuisance be abated within 48 hours in the case of fly breeding or within seven days in the case of rodents; or such other additional period of time as the director considers requisite for the maintenance of the public health. Said notice shall be effective on the date of service upon the owner, tenant, or other person in charge of the premises. [Revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(E)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0869 § 20 (part), 1992; SCC 99 § 1 (part), 1972].
6.80.060 Owner to abate and liability for costs.
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 director of the neighborhood services division may cause the public nuisance at once to be abated.
The expense thereof shall be a city charge, and the city council shall allow and pay the same out of the general fund of the city. Any and all sums so paid shall be and become a lien on the property and premises on which the nuisance was abated. A notice of payment shall be filed and recorded in the office of the county recorder of the county in which the property and premises are situated within 30 days after the right of the lien as accrued.
An action to foreclose the lien may be commenced within 90 days thereafter, in the name and for the benefit of the city making the payment or payments, and when the property is sold, enough of the proceeds shall be paid into the city treasury to satisfy the lien and costs; and the surplus, if any, shall be paid to the owner of the property, if known, and if not known, shall be paid into the court for the use of the owner when ascertained. [Ord. 38-2007 § 1 (Exh. 1(E)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0869 § 20 (part), 1992; SCC 99 § 1 (part), 1972].
6.80.070 Notice served.
Each notice or order given or made under this chapter shall be served upon the owner, tenant, or other person in charge of the property upon which the public nuisance exists. If no person occupies the premises, the notice or order shall be posted upon the premises in a conspicuous place and served upon the person appearing as owner of said premises according to the last equalized assessment roll of the county. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 99 § 1 (part), 1972].
6.80.080 Hearing.
Any person served with a written order to abate a public nuisance issued pursuant to RCMC 6.80.060 may, within five working days after service of said written order, file an appeal for a hearing in writing to the city council. Said appeal shall specify the grounds upon which it is made. If the hearing is not requested as hereinabove provided, the director of the neighborhood services division may proceed to abate any such public nuisance.
The appeal and request for hearing shall be in writing and be filed with the clerk of the city council. Notice of the time and place the council will consider the matter shall be mailed by the clerk of the city council to the appellant and to the director of the neighborhood services division. At the time fixed for hearing, the council shall hear and consider all relevant testimony and evidence relating to the matter as offered by the appellant and by the director of the neighborhood services division. Following the hearing, the council may either affirm, modify, or reverse the order of the director of the neighborhood services division. [Ord. 38-2007 § 1 (Exh. 1(E)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0869 § 20 (part), 1992; SCC 99 § 1 (part), 1972].
6.80.090 Other remedies.
Provisions of this chapter are to be construed as an added remedy of abatement of the public nuisance declared and not in conflict or derogation of any other actions, proceedings, or remedies provided by law. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 99 § 1 (part), 1972].