Chapter 8.20
MOSQUITO ABATEMENT
Sections:
8.20.010 Declaration of findings, intent and policy.
8.20.020 Mosquito breeding places.
8.20.060 Hearing – Appearance – Order – Penalties for failure to comply.
8.20.070 Recurrence of nuisance.
8.20.080 Abatement by Health Officer.
8.20.090 Payment of cost by owner.
8.20.110 Recordation of notice of lien – Priority of lien.
8.20.120 Action to foreclosure – Time for commencement.
8.20.130 Satisfaction of lien from proceeds of sale – Disposition of balance.
8.20.140 Exemption from lien provisions.
8.20.150 Alternative method of collection.
8.20.160 Collected with City or County taxes.
8.20.170 Health Officer defined.
8.20.010 Declaration of findings, intent and policy.
The City Council of the City of Santa Clara concurs with the board of supervisors in Ordinance No. NS-517.30 of this County, and expressly finds and declares that mosquito breeding places constitute a hazard to public health. It is the intent of this chapter to cooperate with Santa Clara County health officials and to establish procedures for abating mosquito breeding places and provide legal means for recovering the cost of abatement in the incorporated areas of the City to implement County of Santa Clara's procedures applicable to the unincorporated areas. (Ord. 1476 § 1, 8-30-83. Formerly § 3-43).
8.20.020 Mosquito breeding places.
No person shall permit any accumulation of water upon any premises in which mosquitoes breed. Any breeding place for mosquitoes is a public nuisance and a hazard to public health. The presence of mosquito larvae or pupae in any accumulation of water, whether upon the ground surface, pond, pool or container of any description shall constitute prima facie evidence that such a place is a breeding place for mosquitoes. (Ord. 1476 § 1, 8-30-83. Formerly § 3-44).
8.20.030 Enforcement.
It shall be the duty of the Health Officer to enforce the provisions of this chapter; and in the performance of this duty, the Health Officer is hereby authorized to enter at any reasonable hour any premises as may be necessary in the enforcement of this chapter. (Ord. 1476 § 1, 8-30-83. Formerly § 3-45).
8.20.040 Notice to abate.
Whenever a public nuisance specified in this chapter exists upon any property the Health Officer may notify in writing the owner and party in possession, or the agent of either, of the existence of the nuisance. The written notice may be served by any person authorized by the Health Officer in the same manner as a summons in a civil action. The contents of the written notice shall conform to the requirements of SCCC 8.20.050. (Ord. 1476 § 1, 8-30-83. Formerly § 3-46).
8.20.050 Contents of notice.
The notice shall:
(a) State the finding of the Health Officer that a public nuisance exists on the property and the location of such nuisance on such property.
(b) Direct the owner and party in possession to abate the nuisance within a specified time by destroying the larvae or pupae that are present.
(c) Direct the owner and party in possession to perform, within a specified time, any work necessary to prevent the recurrence of breeding in the places specified in the notice.
(d) Inform the owner and party in possession that failure to comply with the requirements of subsection (b) of this section shall subject the owner and party in possession to civil penalties of not more than five hundred dollars ($500.00) per day for each day the nuisance continues after the time specified for the abatement of the nuisance in the notice.
(e) Inform the owner and party in possession that before complying with the requirements of the notice, the owner and party in possession may appear at a hearing before the Health Officer at a time and place stated in the notice. (Ord. 1476 § 1, 8-30-83. Formerly § 3-47).
8.20.060 Hearing – Appearance – Order – Penalties for failure to comply.
Before complying with the requirements of the notice the owner and party in possession may appear at a hearing before the Health Officer at a time and place fixed by the Health Officer and stated in the notice. At the hearing the Health Officer shall determine whether the initial finding as set forth in the notice is correct and shall permit the owner and party in possession to present testimony in his/her behalf. If, after hearing all the facts, the Health Officer makes a determination that a nuisance exists on the property, the Health Officer shall order compliance with the requirements of the notice or with alternate instructions issued by the Health Officer.
Any failure to comply with any order of the Health Officer issued pursuant to this section shall subject the owner and party in possession to civil penalties as determined by the discretion of the Health Officer, which shall not exceed five hundred dollars ($500.00) per day for each day in which such order is not complied with. (Ord. 1476 § 1, 8-30-83. Formerly § 3-48).
8.20.070 Recurrence of nuisance.
Any recurrence of the nuisance within thirty (30) days of the time specified for abatement of the nuisance may be deemed to be a continuation of the original nuisance. (Ord. 1476 § 1, 8-30-83. Formerly § 3-49).
8.20.080 Abatement by Health Officer.
In the event that the nuisance is not abated within the time specified in the notice or at the hearing, the Health Officer may abate or cause the abatement of the nuisance by destroying the larvae or pupae and by taking appropriate measures to prevent the recurrence of further breeding. All services of Santa Clara County Health Officer or personnel under this chapter shall be without cost or charge to the City. (Ord. 1476 § 1, 8-30-83. Formerly § 3-50).
8.20.090 Payment of cost by owner.
The cost of abatement of a nuisance to applicable governmental entity shall be repaid to it by the owner of the property. The owner shall not, however, be required to pay such cost unless, either prior or subsequent to the abatement by the Health Officer, a hearing or hearings are held by the Health Officer at which the property owner is afforded an opportunity to be heard and it is determined by the Health Officer that a nuisance actually exists, or existed prior to abatement by the Health Officer or governmental entity and that the cost of abatement for which payment is to be sought was necessarily expended in abating the nuisance and Health Officer orders payment. (Ord. 1476 § 1, 8-30-83. Formerly § 3-50.1).
8.20.100 Lien on property.
All sums expended by the Health Officer or his/her governmental entity in abating or causing the abatement of a nuisance or preventing its recurrence, when notice of the lien is filed and recorded as provided in SCCC 8.20.110 shall become a lien upon the property on which the nuisance is abated, or its recurrence prevented. (Ord. 1476 § 1, 8-30-83. Formerly § 3-50.2).
8.20.110 Recordation of notice of lien – Priority of lien.
Notice of the lien, particularly identifying the property on which the nuisance was abated and the amount of such lien, and naming the owner of record of such property, shall be recorded by the Health Officer in the Office of the County Recorder within one year after the first item of expenditure by the Health Officer or appropriate governmental entity or within ninety (90) days after the completion of the work, whichever first occurs. Upon such recordation, such lien shall have the same force, effect and priority as if it had been a judgment lien imposed upon real property which was not exempt from execution and shall accrue interest as does a judgment lien, except that it shall attach only to the property described in such notice, and shall continue for ten years from the time of the recording of such notice unless sooner released or otherwise discharged. (Ord. 1476 § 1, 8-30-83. Formerly § 3-50.3).
8.20.120 Action to foreclosure – Time for commencement.
An action to foreclose the lien shall be commenced within six months after the filing and recording of the notice of lien. (Ord. 1476 § 1, 8-30-83. Formerly § 3-50.4).
8.20.130 Satisfaction of lien from proceeds of sale – Disposition of balance.
When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure shall be paid to the governmental entity entitled to reimbursement; 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 in which the lien was foreclosed for the use of the owner when ascertained. (Ord. 1476 § 1, 8-30-83. Formerly § 3-50.5).
8.20.140 Exemption from lien provisions.
The lien provisions of this chapter do not apply to the property of any County, City, district, or other public corporation. However, the governing body of the County, City, district, or other public corporation shall repay to the governmental entity the amount expended by that entity upon any of its property upon presentation by the Health Officer of a verified claim or bill. (Ord. 1476 § 1, 8-30-83. Formerly § 3-50.6).
8.20.150 Alternative method of collection.
As an alternative method of collection of the amount of lien, the Health Officer, after ordering to be paid all sums necessarily expended in abating such nuisance, may order the notice of lien to be turned over to the assessor and the tax collector for the City, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If the City taxes are collected by the County officials, the notice of lien shall be delivered to the County Auditor, who shall enter the amount thereof on the County assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. (Ord. 1476 § 1, 8-30-83. Formerly § 3-50.7).
8.20.160 Collected with City or County taxes.
Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary City or County taxes are collected, and shall be subject to the same penalties and interest and to the same procedure and sale in case of delinquency as provided for ordinary City or County taxes. All laws applicable to the levying, collection and enforcement of the City taxes and County taxes are hereby made applicable to such lien or special assessment taxes. (Ord. 1476 § 1, 8-30-83. Formerly § 3-50.8).
8.20.170 Health Officer defined.
As used in this chapter, the term "Health Officer" means the Health Officer of the County of Santa Clara or his/her authorized representative; or any other substitute officer of the City staff serving under the City Manager from time to time designated by the City Manager of the City to serve as "Health Officer" under this chapter. (Ord. 1476 § 1, 8-30-83. Formerly § 3-50.9).