Brea Municipal Code Ch. 8.12 Fly Prevention and Commercial Manure Dealers

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Commercial dairy farm."

Any place or premises upon which milk is produced for sale or other distribution and where more than two (2) cows or six (6) goats are in lactation.

"Commercial manure dealer."

Any person who, for a fee, gathers, collects, hauls, stockpiles, spreads or sells any manure or manure-like substance.

"Commercial poultry ranch."

Any premises where poultry are maintained, raised or fed for the primary purpose of producing eggs or meat for sale or other distribution.

"Fly abatement board."

An administrative board composed of five (5) members appointed by the County Board of Supervisors.

"Fly breeding hazard."

The accumulation, existence or maintenance of any substance, matter, material or condition resulting in the breeding of flies in an amount or manner such as to endanger public health or safety, or to create unreasonable interference with the comfortable enjoyment and use of life and property by others.

"Health officer."

The Health Officer of the county acting for and on behalf of the city.

"Horse stable."

Any location where three (3) or more horses are maintained for any purpose.

(1961 Code, § 12C.1; Ord. 475)

A. Public nuisance. Any fly breeding hazard in the incorporated territory of the city is hereby declared to constitute a public nuisance.

B. Inspection of premises by Health Officer. It shall be the duty of the Health Officer, upon routine inspection, or whenever he or she is informed or has reasonable cause to believe that any land, building or collection of plant or animal waste, or any substance or existing condition of any lot, farm or other land or any other premises is a fly breeding hazard, to enter upon such premises and to determine whether or not there is an existing fly breeding hazard. The Health Officer shall furnish each of his or her deputies and inspectors with identification in such form as he or she shall prescribe.

C. Abatement proceedings.

1. Whenever there exists in any place within the incorporated territory of the city a fly breeding hazard, the Health Officer shall notify in writing the record owner or person having control or possession of such place or premises to abate such nuisance and take corrective measures to prevent its recurrence and to appear at a public hearing to be held by the Fly Abatement Board. A copy of such notice shall be posted in a conspicuous place upon such place or premises. Such hearing shall be set by the Health Officer at least ten (10) days after the date of such notice.

2. The notice shall specify what is claimed to be causing the hazard and what must be done to abate it. Such notice shall direct the owner or person in control or possession of the place or premises to abate the nuisance and to perform any and all work necessary to prevent the recurrence thereof in the places or premises specified in the notice prior to the time set for the public hearing by the Fly Abatement Board. The notice shall advise such owner or person that in lieu of such abatement, if the Fly Abatement Board determines that a fly breeding hazard still exists at the time of such public hearing, the Health Officer will proceed to abate such nuisance without further notice, unless such nuisance is abated before a date specified by the Board and the owner of such place or premises and the person having control or possession thereof, jointly and severally shall be liable to the city for the total cost of such work, including all administrative costs, and such costs shall constitute a charge and lien upon such place or premises.

3. The notice shall be served upon the owner of record, the person having control or possession of the place or premises upon which the nuisance exists or upon the agent of either. Notices may be served by any person authorized by the Health Officer for such purposes in the same manner as a summons in a civil action.

D. Hearing.

1. At the time fixed for the hearing by the Fly Abatement Board, such Board shall hear and consider all relevant testimony and evidence offered by the owner of record or person having control or possession of the place or premises upon which the fly breeding hazard is stated in such notice to exist by the Health Officer or his or her agent and by any other interested person. Upon the conclusion of the hearing the Board shall make the following findings:

a. Whether or not a fly breeding hazard exists.

b. Specifically what is causing the hazard.

c. What should be done by the owner to abate the hazard.

d. What work, if any, should be done by the owner to prevent its recurrence.

e. Whether the owner or operator shall comply with any specific regulations of the Health Officer.

f. Whether the Health Officer shall abate and, specifically, what he or she may do at his or her option; provided that anything not included in the Board's order shall not be done by the Health Officer.

2. If the Board determines that such a fly breeding hazard exists, it shall direct the Health Officer to abate it without further notice, unless the condition is abated and such work performed by the owner on or before a date to be specified by the Board.

(1961 Code, §§ 12C.2, 12C.3, 12C.4 and 12C.5; Ord. 475)

The Fly Abatement Board, upon recommendation of the Health Officer, is authorized to adopt fly control standards of operation and design of commercial dairy farms, commercial poultry ranches and horse stables to serve as guidelines in the abatement proceedings described in § 8.12.020.D. All such standards shall be printed and made available to all dairymen, poultrymen and horse stable owners or operators.

(1961 Code, § 12C.6; Ord. 475)

All costs shall constitute a charge and special assessment upon such parcel of land. If such costs are not paid within a period specifically set by the city, they shall then be declared a special assessment against that parcel as provided in Cal. Gov't Code § 25845. Such special assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary county taxes. The city shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally.

(1961 Code, § 12C.7; Ord. 475)

The provisions of this chapter are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.

(1961 Code, § 12C.8; Ord. 475)

No commercial manure dealer shall gather, collect, haul, stockpile, spread or sell any manure or manure-like substance within the incorporated territory of the city without first registering with the Health Officer on forms prescribed by him. Such registration shall expire at the end of each calendar year and shall be renewed annually during the first week in January. There shall be no fee for such registration nor any subsequent renewal.

(1961 Code, § 12C.9; Ord. 475)