Cudahy Municipal Code Ch. 8.36 Vector Control and Management

This chapter enables certain authorized city representatives and the Greater Los Angeles County vector control district to abate or require abatement of feral bees and other vector infestations from public and private property and structures when necessary for the public health and safety. (Ord. 563 § 1. 2002 Code § 9-8.1).

For purposes of this chapter, the following words and phrases are defined and shall be construed to have the following meaning:

“Authorized city representative” shall mean an officer, director, employee, or agent of the city of Cudahy, or an officer, director, employee, or agent of a licensed private pest control company that the city has previously entered into a contractual agreement with for the control and abatement of vectors.

“Beehive” (managed bees) or “nest” (feral bees) shall mean a colony of bees.

“District” shall mean the Greater Los Angeles County vector control district.

“Emergency situation” shall mean the presence of vectors, including but not limited to “killer bees,” on private property within the city that pose an imminent threat to the health, safety or welfare of the community.

“Feral bee” shall mean any wild honey bee, including, but not limited to, the Africanized honey bee, also known as the “killer bee.”

“Infestation” shall mean a colony or an established swarm of bees forming a colony.

“Public nuisance” shall mean any condition that endangers public health, safety and/or welfare.

“Swarm” shall mean a number of bees, including a queen, leaving a hive to start a new colony.

“Vector,” for the purposes of this chapter, shall mean any insect that poses a nuisance or danger to the public health and safety, and that potentially may transmit a disease-producing organism from one host to another, including, but not limited to, the following: Africanized and European honey bees, mosquitoes, midges (chironomids), and black flies (simulids). (Ord. 563 § 1. 2002 Code § 9-8.2).

See subsections 20-10.3c and 20-12.3c, respectively, of this code, regarding the prohibition of apiaries in the city of Cudahy. (Ord. 563 § 1. 2002 Code § 9-8.3).

All buildings, structures, premises or any parts thereof within the city that are found or reported to be infested with feral bees and other vectors are hereby declared to be public nuisances and shall be abated by either (1) the property owner or (2) the district or authorized city representatives, as set forth in CMC 8.36.060, at the expense of the property owner. The district and/or city are authorized to determine whether to abate the nuisance in the manner provided in this chapter. In emergency situations involving the public health and safety the district and/or city are authorized to determine how and whether to abate the nuisance immediately. (Ord. 563 § 1. 2002 Code § 9-8.4).

(1) All premises shall be cleaned and effective pesticides applied as often as necessary to prevent the infestation of feral bees or other vectors that may be a danger to the public health and safety. The district and/or city may prescribe the type of pesticides, their manner and frequency of application, and the manner and frequency of cleaning for such purposes.

(2) It shall be unlawful for any property owner or tenant to maintain an established beehive, nest or swarm to exist. This includes a commercially managed European beehive that has become Africanized.

(3) The prohibitions regarding maintenance of beehives, nests or swarms shall not restrict the activities of a professional beekeeper if otherwise not prohibited under the county’s code. For purposes of this section, the term “professional beekeeper” shall mean a person who holds a current registration as a beekeeper with the county of Los Angeles department of agricultural commissioner. (Ord. 563 § 1. 2002 Code § 9-8.5).

(1) The district is authorized (pursuant to Subsection 2270(f), California Health and Safety Code), and provided, that it has a reasonable, good faith basis to believe that an emergency situation exists, to enter upon any property in the city without hindrance or notice, for any of the following purposes:

(a) To inspect to ascertain the presence of vectors or their breeding places.

(b) To abate public nuisances either directly or by giving notice to the property owner to abate a nuisance.

(c) To ascertain if a notice to abate vectors has been complied with.

(d) To treat property with appropriate physical, chemical, or biological control measures.

The district is authorized to abate and remove feral bees and other vectors on private property, except in the event vectors are located within or attached to a private structure. Abatement of feral bees and other vectors within or attached to a private structure shall be referred to authorized city representatives.

(2) Upon a written declaration by the district of a public nuisance within or attached to a private structure, a copy of which shall be provided to the property owner, and provided that such city representative has a reasonable, good faith basis to believe that an emergency situation exists, an authorized city representative may enter upon said private property in the city without hindrance or notice, for any of the following purposes:

(a) To inspect to ascertain the presence of vectors or their breeding places.

(b) To abate public nuisances either directly or by giving notice to the property owner to abate a nuisance.

(c) To ascertain if a notice to abate vectors has been complied with.

(d) To treat property with appropriate physical, chemical, or biological control measures. (Ord. 563 § 1. 2002 Code § 9-8.6).

Provisions for repayment by the property owner of all or part of abatement costs to the district, and collection thereof, are set forth in California Health and Safety Code Sections 2283, 2283.5, 2284, 2285, 2285.5, 2286, 2287, 2288, 2289, and 2290.

This and subsequent sections of this chapter pertain solely to the repayment by the property owner of all or part of the abatement costs to the city, and collection thereof, incurred pursuant to enforcement of CMC 8.36.060(2).

All or part of the cost of abating a nuisance pursuant to CMC 8.36.060(2) shall be repaid to the city by the owner of the property. However, the owner shall not be required to pay the cost unless, either prior or subsequent to the abatement by the city, a hearing is held by the city, the property owner is afforded an opportunity to be heard, and it is determined that a nuisance actually exists, or existed prior to abatement. The city may use a civil penalty assessment in lieu of charging for actual costs to abate the nuisance, or may include reasonable costs for abatement as a part of a civil penalty assessment. (Ord. 563 § 1. 2002 Code § 9-8.7).

Upon the failure of the property owner or person in possession to pay the abatement costs to the city for all sums expended in abating a nuisance or preventing its recurrence and all civil penalties, the costs shall become a lien upon the property on which the nuisance is abated, or its recurrence prevented, when notice of the lien is filed and recorded as provided in CMC 8.36.090. However, if the property has been conveyed prior to the recordation of the lien, the lien shall not attach to the real property, but shall remain the debt of the person who owned the land at the time the costs were incurred, and the debt may be recovered in a civil action by the city against the debtor. (Ord. 563 § 1. 2002 Code § 9-8.8).

Notice of the lien, particularly identifying the property on which the nuisance was abated and the amount of such lien, and naming the owner of record of such property, shall be recorded by the city in the office of the Los Angeles county recorder, within one year after the first item of expenditure by the city or within 90 days after the completion of the work, whichever first occurs. Upon such recordation, such lien shall have the same force, effect and priority as if it had been a judgment lien imposed upon real property described in such notice, and shall continue for 10 years from the time of the recording of such notice unless sooner released or discharged. (Ord. 563 § 1. 2002 Code § 9-8.9).

The city may at any time release all or any portion of the property subject to a lien imposed pursuant to CMC 8.36.080 and 8.36.090 from the lien or subordinate such a lien to other liens and encumbrances if it determines that the amount owed is sufficiently secured by a lien on other property or that the release or subordination of such lien will not jeopardize the collection of such amount owed. A certificate by the city to the effect that any property has been released from such lien or that such lien has been subordinated to other liens and encumbrances shall be conclusive evidence that the property has been released or that the lien has been subordinated as provided in such certificate. (Ord. 563 § 1. 2002 Code § 9-8.10).

An action to foreclose the lien shall be commenced by the city within six months after the filing and recording of the notice of lien. (Ord. 563 § 1. 2002 Code § 9-8.11).

The action shall be brought by the city in the name of the city. (Ord. 563 § 1. 2002 Code § 9-8.12).

When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure shall be paid to the city, and 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 in which the lien was foreclosed for the use of the owner when ascertained. (Ord. 563 § 1. 2002 Code § 9-8.13).

(1) Any standing water on private property which has become a breeding source for mosquitoes is hereby declared to be a public nuisance and an immediate threat to the public health, safety and welfare of the citizens of Cudahy.

(2) When the city manager, or officers under his direction, acting under any authority vested in him or her finds any standing water on private property which has become a breeding source for mosquitoes, said officer may issue a written order to abate the standing water or other condition within the city of Cudahy that endangers the public health, safety and welfare of the citizens of Cudahy. The owner or other persons or person responsible for the private property where the breeding source was found shall have 72 hours to abate or eliminate the condition which created the breeding source for mosquitoes. Any owner or responsible person who fails to comply with a 72-hour nuisance abatement order issued pursuant to this chapter shall be guilty of a misdemeanor pursuant to this chapter.

(3) If any officer as described in this code who is lawfully on private property finds a nuisance as described above and is unable to contact the owner or other person or persons responsible for the private property in question within 24 hours, said officer may summarily abate the nuisance at no cost to the owner or responsible person. If a nuisance has been abated without the knowledge or permission of the owner or other responsible person, then the abating officer shall post a notice on the property in a prominent place that explains exactly where and what steps were taken to abate the nuisance.

(4) If an owner or responsible person who has been cited to abate a nuisance within 72 hours fails to do so, any officer described herein may then summarily abate the nuisance. All costs incurred to abate the nuisance pursuant to this chapter shall be a personal obligation against the owner or person or persons responsible for the creation or maintenance of the nuisance. In the event said costs exceed $100.00, they shall be recovered in accordance with the procedures set forth in this chapter. (Ord. 596 § 1, 2005. 2002 Code § 9-8.14).