Big Bear Lake Municipal Code Ch. 8.84 Mosquito, Fly and Other Insect Abatement

The following words shall have the following meaning:

A. "Department" means the department of environmental health services.

B. "Director" means the director of city environmental health services or his duly appointed representative.

C. "Public nuisance" means any breeding place for mosquitoes, flies or other insects which exist by reason of any use made of the land on which it is found or of any artificial change in its natural condition.

(Ord. 82-72 § 1(part), 1982)

The city finds and declares that any breeding place for mosquitoes, flies and other insects is a public nuisance and threat to public health.

(Ord. 82-72 § 1(part), 1982)

The director or his duly appointed authorized representative may:

A. Subject to the paramount control of the city, take all necessary and proper steps for the abatement as a nuisance all stagnant pools of water and other breeding places for mosquitoes, flies or other inspections or for the extermination of mosquitoes, flies or other insects either in the city or territory not in the city but so situated with respect to the city that mosquitoes, flies or other insects from such territory migrate into the city.

B. Purchase such supplies and materials, employ such personnel and contract for such services as may be necessary or proper in furtherance of the objects of this chapter.

C. Enter upon without hindrance any lands, within the city for the purpose of inspection to ascertain whether breeding places of mosquitoes, flies or other insects exist upon such lands, or to abate public nuisances in accordance with this chapter, or to ascertain if notices to abate the breeding of mosquitoes, flies or other insects upon such lands have been complied with, or to treat with appropriate pesticide, chemicals, or biological agents any breeding places of mosquitoes, flies or other insects upon such lands.

D. Do any and all things necessary or incident to the powers granted by, and to carry out the objects specified in, this chapter.

E. A public nuisance may be abated in any actions or proceeding, or by any remedy, provided by law.

F. Any remedy provided in this chapter for the abatement of a nuisance in addition to any other remedy provided by law.

(Ord. 82-72 § 1(part), 1982)

A. Whenever a nuisance specified in this chapter exists upon any property in the city, the director may cause a notice to abate the nuisance to be issued, for the purpose of notifying the record owner, or person in charge or in possession of the property, of the existence of the nuisance; the notice shall direct that the owner shall, within a period specified abate the nuisance by doing any work that may be necessary to prevent the recurrence of breeding in the places as specified in the notice.

B. The notice required by this section shall be served as follows:

1. By personal service on the owner or person in charge or in possession of the property; or

2. By registered mail, addressed to the owner or person in charge or in possession of the property, to his address as given on the last completed assessment roll of the city, or in the absence of an address on the roll, to his last known address, and by posting a copy of the notice in a conspicuous place upon the property for a period of ten days.

(Ord. 82-72 § 1(part), 1982)

A. Within ten days from the date of completion of posting and mailing, or within ten days from the date of personal service, of the notice required in Section 8.84.040, the owner or person in charge or in possession of the property affected by such notice may appeal to the director for a separate hearing to determine whether or not the nuisance described in the notice exists. Such appeal shall be in writing and shall be filed with the department. Not less than five days nor more than twenty days after filing of the appeal, the director shall proceed to hear and pass upon such appeal.

B. Any owner or operator who is dissatisfied with any decision or ruling of the director may appeal to the city council, who shall have the power to grant or deny such appeal. The appeal shall be taken by filing with the clerk of the city council a notice of appeal within ten days after the date of the decision or filing as entered in the hearing minutes of the department. After appeal is made to the clerk of the council, the order shall be stayed until action on the appeal is completed by the city council.

C. In the event the owner or person in charge or possession of the property affected by such notice fails to so appeal, the existence of the nuisance described in the notice shall be conclusively established.

(Ord. 82-72 § 1 (part), 1982)

Within ten days from the date of completion of posting and mailing, or within ten days from the date of personal service, of the notice required by Section 8.84.040, or, in the case of an appeal, within ten days from the determining of the appeal that the nuisance described in the notice exists, the owner or person in charge or in possession of the property affected by such notice shall abate the nuisance.

(Ord. 82-72 § 1(part), 1982)

In the event the owner or person in charge or in possession of the property affected by such notice fails to abate the nuisance within the time specified in Section 8.84.060, the director shall cause abatement of the nuisance by destroying the larvae or pupae or, by other acceptable treatment, reduce or eliminate the nuisance and the director is further authorized to take appropriate measures to prevent the recurrence of further breeding.

(Ord. 82-72 § 1(part), 1982)

The cost of abatement or reduction of a nuisance, in the event the cost exceeds five dollars, shall be repaid by the owner or person in charge or in possession of the property. All repayments not received by the city within forty-five days after billing by the department shall be deemed unpaid and delinquent. All the unpaid sums expended by the city in abating or reducing a nuisance or preventing its recurrence shall become a lien upon the property on which the nuisance is abated or reduced or its recurrence prevented, as hereinafter in this chapter provided.

(Ord. 82-72 § 1(part), 1982)

A. A report of the proceedings and an accurate account of the unpaid costs of abatement, reduction or prevention of recurrence, of the nuisance on each separate property shall be filed with the city clerk.

B. The city clerk shall thereupon set the report and account for hearing by the city council at the first regular or adjourned regular meeting which will be held at least seven calendar days after the date of filing, and shall post a copy of such report and account and notice of the time and place of hearing in a conspicuous place at or near the entrance of the city council's chambers.

(Ord. 82-72 § 1(part), 1982)

A. The city council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall either approve the report and account as submitted or as modified or corrected by the city council.

B. The amounts so approved shall be liens upon the respective lots or premises, and the city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll, and declaring that such abatement costs were proper for abatement of an existing public nuisance arising out of mosquito breeding conditions.

(Ord. 82-72 § 1(part), 1982)

The city clerk shall prepare and file with the auditor a certified copy of the resolution of the city council assessing the costs of abatement as a lien on the land adopted pursuant to the preceding section.

(Ord. 82-72 § 1(part), 1982)

The department may accept payment of any amount due at any time prior to the city councils' hearing provided for in Section 8.84.090.

(Ord. 82-72 § 1(part), 1982)

A. The auditor shall enter each assessment on the city tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary city taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary city taxes.

B. Laws relating to levy, collection and enforcement of city taxes apply to such special assessment taxes.

(Ord. 82-72 § 1(part), 1982)

The lien provisions of this chapter do not apply to the property of any city, district or other public corporation.

(Ord. 82-72 § 1(part), 1982)

All provisions of this chapter shall be enforced by the health department unless otherwise provided.

(Ord. 82-72 § 1(part), 1982)