Citrus Heights Municipal Code Art. II Fly and Rodent Abatement

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Breeding place of flies and rodents means any place found to breed flies or rodents in an amount or manner such as to endanger public health or safety or to create unreasonable interference with the comfortable enjoyment of life and use of property by others.

Fly means but is not limited to all species of domestic flies, fly larvae or pupae.

Putrescible waste means any matter, solid or liquid, which is capable of serving as a breeding media for flies or the production of odors offensive to the senses.

Rodents means but is not limited to rats, mice, gophers and ground squirrels.

(Ord. No. 97-01, § 2(6.80.010), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Cross reference— Definitions generally, § 1-2.

The city council declares that any breeding place of flies and rodents in the city which exists by reason of any condition or use made of land, organic plant waste, refuse, putrescible waste or of any other substance whatsoever, or the deposit or storage thereof, is a public nuisance.

(Ord. No. 97-01, § 2(6.80.020), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The community development director, whenever he or she has reasonable cause to believe that any land, building or collection of organic plant waste, refuse, putrescible waste or any other substance or existing condition on any lot, farm or other land or any other premises is a breeding place of flies or rodents, may enter upon the land between the hours of 6:00 a.m. and 6:00 p.m. and determine, by inspection, the taking of samples or conducting tests, if necessary, whether there is an existing breeding place of flies or rodents. However, this section may not be construed as giving the community development director the right to enter into any dwelling which may be located on the premises.

(Ord. No. 97-01, § 2(6.80.030), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The community development director, when entering upon any premises pursuant to this article, shall present identifying credentials to the owner, tenant or other person in charge. When appropriate, the inspection shall be made with the permission and consent of the owner, tenant or person in charge.

(Ord. No. 97-01, § 2(6.80.040), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Whenever the community development director determines that there exists a public nuisance as described in section 46-34, he or she may issue a written notice to the owner, tenant, or other person in charge that the condition which is the cause of the public nuisance be abated within 48 hours for fly breeding or within seven days for rodents or such other additional period of time as the health agency administrator considers requisite from a maintenance of the public health. The notice shall be effective on the date of service upon the owner, tenant, or other person in charge of the premises.

(Ord. No. 97-01, § 2(6.80.050), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Cross reference— Nuisances, ch. 50.

(a) Upon the neglect or refusal of the owner or the person having control or possession of any place or premises to comply with the notice to abate issued pursuant to this article, the community development director may cause the public nuisance at once to be abated.

(b) The expense of the abatement shall be a city charge, and the city council shall allow and pay the expense out of the general fund of the city. Any and all sums so paid shall be and become a lien on the property and premises on which the nuisance was abated. A notice of payment shall be filed and recorded in the office of the county recorder in which the property and premises are situated within 30 days after the right of the lien as accrued.

(c) An action to foreclose the lien may be commenced within 90 days thereafter, in the name and for the benefit of the city making the payment. When the property is sold, enough of the proceeds shall be paid into the treasury to satisfy the lien and costs. 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 for the use of the owner when ascertained.

(Ord. No. 97-01, § 2(6.80.060), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Each notice or order given or made under this article shall be served upon the owner, tenant, or other person in charge of the property upon which the public nuisance exists. If no person occupies the premises, the notice or order shall be posted upon the premises in a conspicuous place and served upon the person appearing as owner of the premises according to the last equalized assessment roll of the county.

(Ord. No. 97-01, § 2(6.80.070), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) Any person served with a written order to abate a public nuisance issued pursuant to section 46-36 may, within five working days after service of the written order, file an appeal for a hearing in writing to the city council. The appeal shall specify the grounds upon which it is made. If the hearing is not requested as provided in this subsection, the community development director may proceed to abate any such public nuisance occurring as a result of conduct in violation of this article.

(b) The appeal and request for hearing shall be in writing and shall be filed with the clerk of the city council. Notice of the time and place the city council will consider the matter shall be mailed by the clerk of the city council to the appellant and to the community development director. At the time fixed for hearing, the city council shall hear and consider all relevant testimony and evidence relating to the matter as offered by the appellant and by the community development director. Following the hearing, the city council may either affirm, modify, or reverse the order of the community development director.

(Ord. No. 97-01, § 2(6.80.080), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Sections of this article are to be construed as an added remedy of abatement of the public nuisance declared and not in conflict or derogation of any other actions, proceedings, or remedies provided by law.

(Ord. No. 97-01, § 2(6.80.090), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)