Eastvale Municipal Code Ch. 16.36 Fly Control

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

Fly abatement committee means a committee composed of five members appointed by the city council. The membership shall be composed of two poultrymen, one member from an agricultural industry other than the poultry industry, one member chosen from that portion of the academic community which has technical expertise in fly control procedures, and one member chosen from the public at large. The term of office for each member shall be for two years and no member may serve more than two consecutive full terms. Vacancies shall be filled for the unexpired term of the prior incumbent. A vacancy shall be deemed to exist upon the resignation, death or loss of residency requirements of an incumbent. For the purpose of appointment, a vacancy shall be deemed to exist upon the expiration of a term. A quorum shall consist of a majority of the members not counting vacant positions, and no action of the committee shall be valid or binding unless a majority of the members present concur therein. The committee shall elect a chairperson, a vice chairperson and a secretary from its membership.

Fly breeding hazard means 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 means the health officer of the county or designated representative.

Public nuisance means any fly breeding hazard in the city declared to constitute a public nuisance.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) When used in this section, the term "health officer" means the health officer of the county or designated representative.

(b) No person shall permit the accumulation on premises owned by him under his control of decaying animal, vegetable or mineral matter, excreta from domestic animals or fowls, or human excreta, in such a manner as to cause the breeding of flies.

(c) Any individual who neglects or refuses to abate a condition found by the health officer to be in violation of subsection (b) of this section within the time specified in a written notice, shall be in violation of the provisions of this section and shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this section is committed, continued or permitted. Any individual convicted of a violation of this section shall be:

(1) Guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation;

(2) Guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation on the same site.

The third and any additional violations on the same site shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation. The procedures, remedies and penalties for violation of this section and for recovery of costs related to enforcement are provided for in this Code.

(d) The health officer shall enforce this section. The health officer shall have the right to enter upon lands and buildings other than dwellings for the purpose of enforcing this section, and in making such entry shall take reasonable precaution to minimize the spread of disease from any premises.

(e) Nothing contained in this section shall be construed to authorize any person to maintain a public or private nuisance, or to prevent any proceeding for abatement thereof.

(f) Nothing contained in this section shall be deemed to interfere with the existing authority or duty of the health officer or other public officer under any law defining or relating to the abatement of any public nuisance, nor to be duplicative or in conflict with any such law.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

It shall be the duty of the health officer, upon routine inspection, or whenever he 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 on any lot, farm or other land or on 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, and in making such entry shall take reasonable precaution to minimize the spread of disease from any premises.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Whenever there exists in any place within the city a fly breeding hazard, the health officer shall serve upon the record owner or person having control or possession of such place or premises, or upon the agent of either, a written notice to abate such nuisance and take corrective measures to prevent its continuance. The notice to abate shall specify what is claimed to be causing the fly breeding hazard. Abatement shall be commenced immediately and shall be completed within such reasonable time as the health officer shall specify in the written notice.

(b) If the fly breeding hazard has not been abated within the time specified in the written notice, the health officer may extend the date for the completion of the abatement, or he shall serve upon both the record owner and the person having control or possession of the place or premises, or upon the agent of either, a written notice to appear at a hearing before the fly abatement committee. The written notice to appear shall specify the place, time and date of hearing, the date of hearing to be not less than five days after service of the notice to appear. Additionally, the written notice to appear shall advise the record owner and the person having control or possession of the place or premises that if the fly abatement committee determines that fly breeding hazard still exists at the time of the hearing, the health officer will proceed to abate such nuisance, unless the condition is abated on or before a date to be specified by the committee, and the at 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 and such costs shall constitute a charge and lien upon the place or premises.

(c) All notices shall be serviced by personal delivery thereof, or by certified mail.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) At the time fixed for the hearing by the fly abatement committee, such committee shall hear and consider all relevant evidence offered by the owner of record or person having control or possession of the place or premises upon which the fly breeding hazard allegedly exists, by the health officer or his agents, and by any other interested person. Upon the conclusion of the hearing, the committee shall make the following findings:

(1) Whether or not a fly breeding hazard exists;

(2) Specifically what is causing the hazard;

(3) What should be done by the owner or operator to abate the immediate hazard;

(4) Whether the owner or operator is a repeated violator (i.e., has received three or more notices to abate within the previous 12-month period);

(5) If it is determined that the owner or operator is a repeated violator, what action should be taken to prevent recurrence of the hazard;

(6) Whether the owner or operator should comply with any specific regulations of the health officer.

(b) If the committee determines that a fly breeding hazard exists, the health officer shall proceed to abate it, without further notice, unless the condition is abated and such work is performed by the record owner or the person having possession or control of the place or premises on or before a date to be specified by the committee. Additionally, if the committee determines that action should be taken to prevent the recurrence of a fly breeding hazard, the health officer shall cause such action to be taken without further notice, unless such action is taken by the record owner or person having control or possession of the place or premises on or before a date to be specified by the committee.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The fly abatement committee shall utilize those fly control standards recommended by recognized sources and approved by the city council as guidelines in the abatement proceedings described in section 16.36.050. These standards shall be printed and made available to all concerned persons by the health officer.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) If the health officer has served upon the record owner or person having control or possession of the place or premises upon which a fly breeding hazard exists, or upon the agent of either, three or more written notices to abate a fly breeding hazard within the previous 12-month period, he also may serve upon both the record owner and the person having control or possession of the place or premises, at the time of service of the third notice to abate, a notice to appear at a hearing before the fly abatement committee. The written notice to appear shall specify the place, time and date of hearing, the date of hearing to be not less than five days after service of the notice to appear. Additionally, the written notice to appear shall advise the record owner and the person having control or possession of such place or premises that the fly abatement committee will hear evidence and make findings as set forth in section 16.36.050, and that the record owner of such place or premises and the person having control or possession thereof, jointly and severally, shall be liable for costs of abatement, including costs of performing work to prevent the hazard's recurrence, as provided in section 16.36.080.

(b) At the time fixed for hearing the committee shall hear and consider evidence and make findings as required by section 16.36.050.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

All costs of abatement, including the costs of performing work to prevent the fly breeding hazard's recurrence, shall constitute a charge and special assessment upon such parcel of land. If such costs are not paid within one month after written demand for payment is given to the record owner, and to the person having control or possession of the place or premises, the health officer shall report the amount and circumstances to the city council which may then declare a special assessment of that amount against that parcel as provided in Government Code § 25845. Such special assessment shall be collected at the same time and in the same manner as ordinary city 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 city taxes. The city shall retain the additional and independent right to recover the costs by way of civil action against the owner or person in possession or control, jointly or severally.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

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

(b) The procedures, remedies and penalties for violation of this section and for recovery of costs related to enforcement are provided for in the general penalties described in this Code.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)