Alameda Municipal Code § 24-1 Health Nuisances

For the purpose of this section the existence of any one (1) of the following conditions, being a menace to the public health, is hereby declared to be a nuisance:

a. The maintenance of any animal quarters, kennel, animal hospital, barn, stable, chicken yard, rabbit hutch, or other enclosure or yard in which animals are kept in such a manner that there is fly breeding or excessive odors.

b. The burning of animal manure rendering neighboring premises uncomfortable and unfit for occupancy.

c. The discharge of sewerage, garbage or other organic filth into or upon any place in such a manner that transmission of infective material to human beings may result therefrom.

d. The persistent maintenance or emission of any noise or sound produced by an animal or animals which, by reason of its raucous or nerve racking nature, shall disturb the peace or comfort or be injurious to the health of any person or persons.

e. The maintenance of any real or personal property, whether improved or unimproved, in such a manner that dust, sand, or any other foreign material shall be caused to be blown into the atmosphere or spread or drift upon property or premises of any other person, firm or corporation in such a manner as to be a detriment to the public health and safety and/or the property of such others.

(Ord. No. 535 N.S. § 15-711; Ord. No. 1754 N.S.)

Whenever it comes to the attention of the City Manager that any nuisance as herein defined exists on any premises within the City, it shall be the duty of such City Manager or his/her designee to notify, in writing, the occupant or occupants of such premises, or, in case there be no such occupant or occupants thereof, then to notify the owner thereof or his agent, of the existence of such nuisance, specifying the measures necessary to abate such nuisance, and requiring the abatement of such nuisance. The notice to abate such nuisance must be served on the occupant or occupants of such premises personally, or if there be no such occupant or occupants, then the notice must be sent to the owner or agent of the owner of such premises through the United States Mail prepaid, addressed to the Post Office address of such owner or agent.

(Ord. No. 535 N.S. § 15-712; Ord. No. 2533, 15-712)

Upon the receipt of the notice specified in the preceding subsection, it shall be the duty of the occupant, occupants, owner or agent so notified, to abate such nuisance within forty-eight (48) hours thereafter, and it shall be unlawful for any such occupant, occupants, owner or agent to maintain or to permit to be maintained any such nuisance after the expiration of the forty-eight (48) hours.

(Ord. No. 535 N.S. § 15-713)

In case such occupant or occupants, owner or agent shall neglect or refuse to comply with the terms of said notice, or in case the City Manager or his/her designee, after having used due diligence is unable to locate any occupant or occupants, owner or agent on whom to serve said notice, then and in either case, the City Manager or his/her designee shall have the power, and it shall be his duty, to abate such nuisance, and to this end shall have the power to condemn and destroy any property constituting a nuisance if said nuisance cannot be abated without destruction of such property.

(Ord. No. 535 N.S. § 15-714; Ord. No. 2533 § 15-714)

Whenever in the judgment of the City Manager or his/her designee the summary abatement of any such nuisance is necessary to protect the public health, and the occupant or owner refuses or neglects to abate the same or cannot be found, the City Council may authorize the City Manager or his/her designee to abate such nuisance at the expense of the City and the City may recover the amount of such expense in an ordinary action at law against the person or persons liable therefor.

(Ord. No. 535 N.S. § 15-715; Ord. No. 2533 § 15-715)

a. Nothing contained within this section shall abrogate or deny the imposition of the penalties contained within Section 1-5 of this Code for violation of the provisions of this section. The remedies and penalties provided in this section and in Section 1-5 may be imposed cumulatively, concurrently, or in the alternative.

b. In addition to any other means of enforcement provided herein or otherwise authorized by law, the provisions of subsections 7-4.1 to 7-4.3 and 24-1.1 may be enforced by the method provided in Section 1-5 of the Alameda Municipal Code and Section 853.6 of the Penal Code of the State of California.

c. The provisions shall be enforced by members of the Police Department and, in addition, the Supervising Animal Control Officer or any of his Officers, and may be enforced by the Health Officer of the County of Alameda; the persons are hereby designated as, and given the powers of, and determined to be peace officers for the purpose of enforcing the provisions in the manner set forth in Section 1-5 of the Alameda Municipal Code and Section 853.6 of the Penal Code of the State of California; provided, however, that the Health Officer or his representatives, and the Supervising Animal Control Officer and his officers shall not be considered for any purpose members of the Alameda Police Department.

(Ord. No. 535 N.S. §§ 15-731—15-732; Ord. No. 1255 N.S.; Ord. No. 1995 N.S.)