Chapter 94 — HEALTH AND SANITATION

The provisions and prohibitions contained and enacted in this subchapter are in pursuance of and for the purposes of securing and promoting the public health, comfort, convenience, safety, welfare, and prosperity and the peace and quiet of the city and its inhabitants.

('63 Code, § 4-5.01) (Ord. 2928, passed 12-18-62)

It is hereby declared to be a nuisance and it shall be unlawful for any person to make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, safety, or peace and quiet of any neighborhood or interferes with any person in the reasonable and comfortable enjoyment of life or property.

('63 Code, § 4-5.02) (Ord. 2928, passed 12-18-62) Penalty, see § 10.99

The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of the provisions of this chapter, but such enumeration shall not be deemed to be exclusive:

(A) Loudspeakers. The using and operating or permitting to be played, used, or operated, of any musical instrument or electrical or mechanical device for the producing or reproducing of sound between the hours of 10:00 p.m. and 9:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building or structure in which it is located; and,

(B) Loudspeakers for advertising. The using and operating, or permitting to be played, used, or operated, of any musical instrument or electrical or mechanical device for the producing or reproducing of sound which is cast upon the public streets for the purpose of advertising any business or enterprise between the hours of 9:00 p.m. and 9:00 a.m. ('63 Code, § 4-5.03) (Ord. 2928, passed 12-18-62) Penalty, see § 10.99

WEEDS, RUBBISH AND DEBRIS

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

RUBBISH. Waste matter, litter, trash, refuse, debris, dirt, dry grass, dead trees, tin cans, paper, and waste material of every kind, or other insanitary substance, object, or condition which is, or when dry may become, a fire hazard, or which is or may become a menace to health, safety, or welfare, or which is offensive to the senses.

STREET. Public streets, alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs.

WEEDS.

• (1) Weeds which, when mature, bear seeds of a downy or wingy nature;

• (2) Any brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property;

• (3) Weeds which are otherwise noxious or dangerous;

• (4) Poison oak and poison ivy when the conditions are such as to constitute a menace to the public health; and,

• (5) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

('63 Code, § 4-13.01) (Ord. 66-C.S., passed 1-21-66; Am. Ord. 554-C.S., passed 5-8-93)

The Council does hereby declare that all weeds growing upon private property or streets in the city and all rubbish on private property or streets in the city are public nuisances.

('63 Code, § 4-13.02) (Ord. 66-C.S., passed 1-21-66; Am. Ord. 554-C.S., passed 5-8-93)

It shall be unlawful for any person owning, occupying, renting, managing, or controlling any real property in the city to cause or permit any weeds, or to place, cause, or permit any rubbish, to be or remain on any real property in the city or on portions of streets adjoining such real property to the center line of such streets. It shall be the duty of every such person to remove or destroy such weeds and/or rubbish. Destruction by burning within the city shall be unlawful unless the written permission of the Chief of the Fire Department is first obtained.

('63 Code, § 4-14.03) (Ord, 66-C.S., passed 1-21-66; Am. Ord. 554-C.S., passed 5-8-93)

(A) In the event the person or persons owning, occupying, renting, managing, or controlling any real property in the city shall fail to remove therefrom and from the portions of streets adjoining such property all weeds and rubbish in accordance with the provisions of this chapter, it shall be the duty of the Fire Chief or his/her authorized representative to notify such person or persons to remove the same. Such notice shall be in writing and shall be deposited in the United States Post Office at Eureka, California, with postage thereon prepaid and addressed to such owner at his last known place of address as shown on the assessment roll of the city or of the county, and if no such address is there shown or is known, the to general delivery, Eureka. If such real property is occupied and the mailing address thereof is different from that of the owner as shown on said assessment roll, then an additional copy shall be similarly mailed to the occupant of such property at the mailing address thereof. Such notice shall contain a description of such property, which description may be the number of the lot and block and the name of the map, tract, or subdivision in which such real property lies, or may be the street and number thereof, or may be any other description by which the property may be reasonably and readily identified. One or more lots or blocks of land may be described in one and the same statement or notice.

('63 Code, § 4-13.04)

(B) In the event the person or persons owning, occupying, renting, managing, or controlling real property in the city shall fail to remove or destroy weeds or rubbish in accordance with the notice given pursuant to the provisions of division (A) above within 15 days after the mailing of such notice, it shall be the duty of the Fire Chief to mail a second notice to the offending person or persons and notify the Director of Public Works of the violation. In the event the condition has not been abated within 15 days after such notification, it shall be the duty of the Director of Public Works and his deputies, assistants, employees, contracting agents, or other representatives, including, without limitation, members of the Fire Department of the city, to destroy or remove such weeds or rubbish, and they, and each of them, are hereby expressly authorized to enter upon private property for such purpose, and it shall be unlawful for any person to interfere, hinder, or refuse to allow them to enter upon private property for such purpose and to destroy or remove weeds or rubbish in accordance with the provisions of this chapter. Any person owning, occupying, renting, managing, leasing, or controlling real property in the city shall have the right to destroy or remove weeds or rubbish, or have the same destroyed or removed at his own expense, at any time prior to the arrival of the Director of Public Works or his authorized representatives for such purpose.

('63 Code, § 4-13.05)

(Ord. 66-C.S., passed 1-21-66; Am. Ord. 554-C.S., passed 5-8-93)

The Fire Chief shall keep an account of the costs to the city to destroy or remove weeds, rubbish, or dirt, as provided in § 94.18(B) of this chapter, for each separate lot or parcel of land and the portions of streets adjoining the same and shall embody such account in a report and assessment list to the Council, which report shall be filed with the City Clerk and a copy thereof with

the Director of Finance. Such report shall refer to each separate lot or parcel of land by description sufficient reasonably to identify the same, together with the expense proposed to be assessed against it.

('63 Code, § 4-13.06) (Ord. 66-C.S., passed 1-21-66; Am. Ord. 554-C.S., passed 5-8-93)

The City Clerk shall post a copy of such report and assessment list on or near the door of the Council chamber in the city hall, together with the notice of the filing thereof and of the time and place when and where it will be submitted to the Council for hearing and confirmation. The posting shall be for at least five days prior to the submission of the report to the Council. The Fire Chief shall mail to the persons, and in the manner prescribed in § 94.18(A) of this chapter, a notice substantially in the following form:

ASSESSMENT FOR DESTRUCTION OR REMOVAL OF WEEDS AND RUBBISH AND NOTICE OF HEARING THEREON

NOTICE IS HEREBY GIVEN that, pursuant to the provisions of Chapter 94 of the Eureka Municipal Code, the Director of Public Works has destroyed or removed weeds or rubbish from the real property owned, occupied, rented, managed, or controlled by you and from the portions of streets, alleys, and sidewalks adjoining the same, which real property is described as follows: (Here insert description of real property sufficient for reasonable and ready identification)

The cost of said destruction or removal proposed to be assessed against said property is $ .

NOTICE IS FURTHER HEREBY GIVEN that on the day of , 19 at the hour of .m. in the Council Chamber, Second Floor, City Hall, Eureka, California, the report of the Fire Chief on the cost of destruction or removal of weeds or rubbish and the assessment list thereof will be presented to the City Council for consideration, correction, and confirmation and that at said time and place any and all persons interested in or having any objections to said report or list of proposed assessments, or to any matter or thing contained therein, may appear and be heard. The failure to make any objection to said report and list shall be deemed a waiver of the same.

Upon confirmation of said assessment by the City Council, the amount thereof will be payable. In the event the same is not paid on or before the 1st day of August following the aforesaid hearing, said assessment will be added to the tax bill for said property and thereafter shall become a lien on said property.

Dated: , 19

Fire Chief

('63 Code, § 4-13.07) (Ord. 66-C.S., passed 1-21-66; Am. Ord. 554-C.S., passed 5-893)

At the time and place fixed for receiving and considering the report, the Council shall hear the same, together with any protests or objections which may be raised by any interested person. Upon such hearing, the Council shall make such corrections or modifications in any proposed assessment which it may deem to be excessive or otherwise incorrect, after which such assessments shall be confirmed by motion or resolution of the Council, and the amount thereof shall constitute a lien on property assessed until paid. The confirmation of the assessment by the Council shall be final and conclusive.

('63 Code, § 4-13.08) (Ord. 66-C.S., passed 1-21-66; Am. Ord. 554-C.S., passed 5-8-93)

(A) Assessment to be added to tax bill. After confirmation of the assessment, a copy shall be given to the County Assessor and Director of Finance, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.

('63 Code, § 4-13.09)

(B) Filing assessment list with county. If the County Assessor and County Tax Collector assess property and collect taxes for the city, a certified copy of the assessment report shall be filed with the County Auditor on or before August 10. The description of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year. The County Auditor shall enter each assessment on the county tax roll opposite the parcel of land.

('63 Code, § 4-13.10)

(C) Collection: delinquency. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount shall be subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. If the county assesses and collects taxes for the city, the laws relating to the levy, collection, and enforcement of county taxes shall apply to such special assessment taxes. ('63 Code, § 4-13.11)

(D) Priority of assessment lien. The lien of the assessment made pursuant to this chapter shall have the priority of the taxes with which it is collected.

('63 Code, § 4-13.12)

(Ord. 66-C.S., passed 1-21-66; Am. Ord. 554-C.S., passed 5-8-93)

The Director of Finance may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the assessment report and until ten days before a copy is given to the County Assessor or, where a copy is filed with the County Auditor, until August 5th following the confirmation of the report.

('63 Code, § 4-13.13) (Ord. 66-C.S., passed 1-21-66; Am. Ord. 554-C.S., passed 5-8-93)

The Council may order refunded all or part of a tax paid pursuant to this chapter if it finds that all or part of the tax has been erroneously levied. A tax or part of a tax shall not be refunded unless a claim is filed with the City Clerk on or before November 1 after the tax became due and payable. The claim shall be verified by the person who paid the tax, or by his guardian, executor, or administrator.

('63 Code, § 4-13.14) (Ord. 66-C.S., passed 1-21-66; Am. Ord. 554-C.S., passed 5-8-93)

Nothing within this chapter shall prohibit or reduce the authority of the Fire Chief with the enforcement of the Fire Code relating to conditions as described in § 94.17 of this code.

('63 Code, § 4-13.15) (Ord. 554-C.S., passed 5-8-93)

AIR POLLUTION

(A) It shall be unlawful for any person or corporation, or any officer thereof, to own or use any smokestack, chimney, flue, or stovepipe in the city which imperils or endangers any surrounding property by fire or which annoys the residents in the neighborhood with smoke, soot, cinders, or sparks.

(B) Every such person who fails or refuses to alter, abate, or improve such smokestack, chimney, flue, or stovepipe so that the same will not endanger surrounding property or annoy residents in the neighborhood with soot, smoke, sparks, or cinders, after being requested so to do by the Fire Chief or any member of the Police Department, shall be deemed guilty of a misdemeanor. ('63 Code, § 4-2.01) (Ord. 208, passed - - )

HAZARDOUS SUBSTANCES

Chapter 4 of Division 8 of Title III of the Humboldt County Code, adopted by Ordinance No. 1625, which Chapter 4, prescribes regulations relating to underground storage of hazardous substances, is hereby adopted by reference as the Underground Storage of Hazardous Substances Code of the city.

('63 Code, § 5-8.01) (Ord. 430-C.S., passed 7-4-85)

SYRINGE EXCHANGE PROGRAMS AND SAFE DISPOSAL OF SHARPS

The purpose of this chapter is to protect the health, safety and welfare of the public and of the use of the environment by providing regulation of SEPs and for the safe disposal of sharps.

(Ord. 871-C.S., passed 3-20-18)

This chapter may be cited as the "City of Eureka Regulation of Syringe Exchange Programs and Safe Disposal of Sharps Ordinance"

(Ord. 871-C.S., passed 3-20-18)

For the purpose of this chapter, the following terms have the meanings given below.

CITY. The City of Eureka, California.

CITY COUNCIL. The City Council of the City of Eureka.

CITY MANAGER. The City Manager of the City of Eureka and/or his or her designee.

COUNTY. The County of Humboldt, California.

DRUG:

(1) Mean:

(a) Articles recognized in the official United States Pharmacopoeia, the official National Formulary, the official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them;

(b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

(c) Articles, other than food, intended to affect the structure or any function of the body of humans or other animals; and

(d) Articles intended for use as a component of any article specified in divisions (a), (b), or (c) of this definition.

(2) Notwithstanding the foregoing sentence, DRUGS does not include or mean medical devices, their component parts or accessories.

PERSON. An individual, firm, sole proprietorship, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, association, cooperative, or other entity of any kind or nature, however organized. PROVIDER. Any person that sells or otherwise furnishes drugs or sharps to consumers at a medical or veterinary office, clinic, hospital or approved needle-exchange program located in the city.

SHARPS. One or more hypodermic needles, pen needles, intravenous needles, lancets and other devices used to penetrate the skin for drawing blood, or for the delivery of medications or drugs.

SHARPS CONTAINER. A rigid puncture-resistant container used in patient care or research activities meeting the standards of and receiving approval from the United States Food and Drug Administration as a medical device used for the collection of discarded medical needles or other sharps.

SYRINGE EXCHANGE PROGRAMS (SEPS). A program operating within the jurisdictional boundaries of the City of Eureka that provides sterile syringes, collects used ones, or acts as a point of access to health education and care for people who inject drugs.

(Ord. 871-C.S., passed 3-20-18)

Syringe Exchange Programs shall operate in conformance with Cal. Health and Safety Code §§ 121349 through 121349.3 as part of a network of comprehensive services to combat the spread of HIV and blood-borne hepatitis infection among injection drug users.

(A) A provider interested in administering a clean needle and syringe exchange program in the city shall notify the City Manager prior to beginning the program and shall comply with any program rules and regulations established by the city for administration of the program.

• (B) A provider shall report to the City Manager, on a quarterly basis, statistics that include but need not be limited to:

• (1) Number of needles distributed;

• (2) Number of needles returned/collected;

• (3) The location of the returned/collected needles;

• (4) The number of referrals made for other services; and

• (5) The number of law enforcement incidents related to the SEP.

• (C) SEPs must demonstrate a plan and implementation for injection drug users to seek treatment for substance abuse; and provide referral for substance abuse treatment and other preventative health care services to participants in the program.

• (D) SEPs are required to organize and participate in clean-ups of used needles on a weekly basis and to report the results of such efforts quarterly.

• (E) SEPs shall issue identification cards for employees and volunteer workers for the program.

• (F) SEPs are not allowed to operate within 1,000 feet of a City Park and elementary and/or secondary school meeting all of the requirements of the compulsory education laws of the state or a licensed day care center, except for mobile outreach workers.

• (G) SEPs are required to insure that sharps are disposed of at the organizational level in conformance with OSHA standards. SEPs shall contract with a licensed bio-waste hauling company for disposal of sharps.

• (H) SEPs shall implement and maintain syringe collection and disposal procedures that:

• (1) Encourage program participants to return used syringes to the program, and/or to dispose of them properly;

• (2) Collect sharps waste in such a way to minimize direct handling by program staff, volunteers and clients. (Ord. 871-C.S., passed 3-20-18)

(A) Home-generated sharps as well as sharps generated from individual and group clean-ups shall be transported to a California Department of Health and Human Services approved collection center or consolidation point in sharps containers meeting the minimum standards of the U.S. Food and Drug Administration. Loose disposal of sharps waste in trash or recycling containers is prohibited.

(B) No provider shall dispose of their sharps in the city or county owned or provided kiosks or sharps containers. (Ord. 871-C.S., passed 3-20-18)

Any person or provider found to be in violation of this chapter shall be subject to its remedies including any other available remedy such as administrative and civil fines and criminal prosecution pursuant to § 10.99 and may be charged with an infraction or misdemeanor at the discretion of the City Attorney.

(Ord. 871-C.S., passed 3-20-18)