Chapter 8.32
VECTOR CONTROL
Sections:
8.32.030 Authority to establish vector control regulations.
8.32.040 Administration and duties for enforcement of vector control provisions.
8.32.060 Duties of owners and occupants.
8.32.070 Control of vectors when owner or occupant fails to do so.
8.32.010 Title.
This chapter shall be known as the “Vector Control Ordinance of Jefferson County.” (Ord. O-39-05 § 1, 2005)
8.32.020 Definitions.
As used in this chapter, unless the context requires otherwise, the following definitions shall apply:
“County” means Jefferson County, state of Oregon.
“County commission” means the board of county commissioners of Jefferson County, Oregon.
“County clerk” means the county clerk of Jefferson County, Oregon.
“Occupant” means any person, partnership, corporation or cooperative having actual, present, and physical possession of the subject property.
“Owner” means any person, partnership, corporation or cooperative having a legal interest in the subject property.
“Property” means real property situated in Jefferson County upon which a violation of this chapter has occurred or is occurring.
“Public health vector” as defined in ORS 452.010(6) means: arthropods and vertebrates of public health significance and those insects included within the family Chironomidae of the order Diptera. The term does not include any domesticated animal. (Ord. O-39-05 § 2, 2005)
8.32.030 Authority to establish vector control regulations.
Pursuant to ORS 452.240, the board of commissioners has the power and authority to:
A. Take all necessary or proper steps and measures for the control or extermination of public health vectors;
B. Abate as nuisances all places where public health vectors within the county may breed;
C. Enter upon all places within the county and adjacent thereto for the purpose of carrying out vector control;
D. Cut or remove such shrubbery or undergrowth as is necessary or proper in order to carry out vector control;
E. Treat with proper chemicals places where public vectors are found or are likely to exist, subject to restrictions on water applications and wildlife habitat which shall require the approval of the State Fish and Wildlife Commission;
F. Generally do any and all things necessary or incident to the powers granted by ORS Chapter 452 related to vector control. (Ord. O-39-05 § 3, 2005)
8.32.040 Administration and duties for enforcement of vector control provisions.
A. The board of commissioners shall appoint a vector control officer who shall be responsible for the administration and enforcement of vector control.
B. The duties of the vector control officer shall be as follows:
1. To determine whether any vectors are being permitted to breed in violation of this chapter;
2. To serve notices pursuant to this chapter;
3. When necessary, to destroy or to supervise the destruction of vectors pursuant to this chapter;
4. To issue citations for violations of this chapter.
C. Any place within Jefferson County in which public health vectors are permitted to breed may be declared a nuisance by the vector control officer. (Ord. O-39-05 § 4, 2005)
8.32.050 Notice.
A. When it appears that a violation of Oregon State Statutes or this chapter has occurred, the vector control officer or delegate shall serve written notice to the owner and, if other than the owner, to the occupant of the property that is the subject of the violation. If the vector control officer is unable to personally serve the person or persons for whom service is required, the vector control officer shall post such notice in three conspicuous places on the subject property.
B. The notice required by this subsection shall contain the following:
1. The date of service or posting of notice;
2. The name of the vector(s) breeding on the property; and
3. A statement directing that such vector(s) shall be destroyed and prevented from breeding within a specified period of time which shall be within the discretion of the vector control officer, but in no event shall it be less than two days, nor more than twenty (20) days from the date of service or posting of the notice.
C. If notice is given by posting, the vector control officer shall also mail a copy of such notice to any owner or occupant of the subject property by registered or certified mail return receipt requested. Such notice shall be mailed to the most recent address on file with the Jefferson County tax assessor’s office.
D. A copy of the notice, together with proof of service or posting endorsed thereon, shall be filed with the board of commissioners. (Ord. O-39-05 § 5, 2005)
8.32.060 Duties of owners and occupants.
A. No person in Jefferson County shall allow public health vectors to breed, or permit conditions to exist that promote the breeding of public health vectors.
B. Upon service or posting of the notice provided for in this chapter, any owner or occupant of the subject property shall destroy the vector(s) specified in the notice on their property. Such obligation shall be a continuing obligation.
C. Any owner or occupant of the subject property shall destroy any vector(s) by using the most efficient and practical means available and within a time declared reasonable by the vector control officer.
D. Any owner or occupant of the subject property shall make diligent and practical efforts to eradicate vector(s) on their property and to prevent their spread. (Ord. O-39-05 § 6, 2005)
8.32.070 Control of vectors when owner or occupant fails to do so.
In the event that any owner or occupant of property fails or refuses to destroy vectors as directed within the time period specified in a notice provided pursuant to this chapter, the vector control officer, after consultation with the board of commissioners, may prosecute such violation and/or seek injunctive or other relief in the Circuit Court to force compliance with this chapter and other applicable laws. (Ord. O-39-05 § 7, 2005)
8.32.080 Penalties.
A. Any owner or occupant of property commits a violation of this chapter when such owner or occupant fails and refuses to destroy vectors or to prevent the spread thereof, after being placed on notice to do so pursuant to this chapter.
B. Violation of this chapter is a Class A violation and is punishable upon conviction by a fine not to exceed six hundred dollars ($600.00) for each offense. Each day of violation shall constitute a separate offense. (Ord. O-39-05 § 8, 2005)
8.32.090 Emergency adoption.
This matter being necessary for the preservation of the health, welfare and safety of the citizens of Jefferson County, an emergency is declared to exist and this chapter shall take place immediately upon passage. (Ord. O-39-05 § 9, 2005)