El Cerrito Municipal Code Ch. 8.16 Flies

As used in this chapter:

A. "Domestic flies" or "flies" means those flies which carry disease organisms, those commonly entering homes or other buildings or otherwise abridging the free use and enjoyment of private or public property, and shall include but are not limited to:

1. The house fly (Musca domestics);

2. The lesser house fly (Fannia canicularis);

3. The green blow fly (Phoenicia spp.);

4. The bluebottle fly (Calliphora spp.);

5. The black blow fly (Phorinia regina);

6. The false stable fly (Muscina spp.);

7. The stable fly (Stomoxys calcitrans);

8. The bot-flies (Gasterophilida spp., oestrida spp.);

9. The flesh fly (Sarcophaga spp.); and

10. The vinegar or pomace fly (Drosophila spp.).

B. "Health officer" means the health officer of the county of Contra Costa, or his or her duly authorized representative.

C. "Infested organic materials" means any matter of plant or animal origin containing any developmental states of domestic flies.

D. "Organic material that produces flies" means any matter of plant or animal origin that is a breeding and attraction media for domestic flies.

(Ord. 92-13 Divs. 1, 2 (part), 1992.)

It is unlawful for any person to maintain, permit or allow the accumulation of any organic material that produces flies on, upon or in any premises owned by him or her, or over which he or she has the right to possession. Such organic material, which produces flies, is a public nuisance per se.

(Ord. 92-13 Divs. 1, 2 (part), 1992.)

Whenever a nuisance specified in this chapter exists upon any property within the city, the health officer will notify the owner of record, or person in charge or in possession of the property, of the existence of the nuisance, in writing.

(Ord. 92-13 Divs. 1, 2 (part), 1992.)

The notice shall direct the owner or person entitled to possession to abate the nuisance within two days after receipt of the notice by destroying the larvae and pupae that are present, and may further direct the owner or person entitled to possession to remove and discontinue the use of such organic material that produces flies.

(Ord. 92-13 Divs. 1, 2 (part), 1992.)

The notice shall be served upon the owner of record or person having charge of or entitled to possession of the property upon which the nuisance exists or upon the agent of either. The notice may be served by any person authorized by the health officer in the same manner as summons in a civil action.

(Ord. 92-13 Divs. 1, 2 (part), 1992.)

If the property belongs to a person who is not a resident of the city, and no resident of the city is in charge of or entitled to possession, and there is no tenant or agent of the owner to be found after diligent search upon whom service can be made, the notice may be served by posting a copy in a conspicuous place upon the property for a period of seven days and by mailing a copy to the owner at his address as given on the last completed assessment roll or, in the absence of an address on the roll, to his last known address.

(Ord. 92-13 Divs. 1, 2 (part), 1992.)

In the event that the nuisance is not abated within the time specified in the notice, the health officer shall abate the nuisance in accordance with law and shall order or cause to be ordered the destruction of the pupae and larvae and the removal or disposition of the organic material. The health officer shall also take appropriate measures to prevent the reoccurrence or further breeding.

(Ord. 92-13 Divs. 1, 2 (part), 1992.)

All costs of abatement are the responsibility of the owner and shall be recovered by the city in the manner specified in Chapter 8.34 of this title.

(Ord. 92-13 Divs. 1, 2 (part), 1992.)

The health officer may in accordance with law enter without hindrance upon any lands within the city for the purpose of inspection to ascertain whether the organic material producing flies exists on such lands or to ascertain if notices to abate the breeding of flies or other insects upon such lands have been complied with.

(Ord. 92-13 Divs. 1, 2 (part), 1992.)

All persons who deliver or bring into the city any organic materials that produce flies must first obtain a permit from the health officer and notify the health officer of the location of such delivery. No use shall be made of such organic material that produces flies until inspected by the health officer. In such inspection the owner or person entitled to possession of the land may be directed by the health officer to cover or treat the organic matter that produces flies until it is utilized. No permit shall be issued and no use shall be made of infested organic material except as provided in Section 8.16.120 of this chapter.

(Ord. 92-13 Divs. 1, 2 (part), 1992.)

The provisions of this chapter may be complied with and satisfied by one or more of the following procedures:

A. Removing the infested organic material from the premises at intervals of not more than seven days and disposing of the same in such manner that adult domestic flies do not emerge; or

B. Placing the infested organic material in flytight bins or houses so that adult flies do not emerge and escape; or

C. Placing the infested organic material in trenches and covering the same with a layer of compacted earth so that adult flies do not emerge; or

D. Otherwise treating, storing or handling the infested organic material in such a way that the same shall not come within the definition of the term organic material that produces flies.

(Ord. 92-13 Divs. 1, 2 (part), 1992.)