Huntington Park Municipal Code Art. 3 Mosquitos

For the purpose of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

"Swimming pool"

is defined as any public or private above, at or below grade artificial basin, chamber, tank or structure used or intended to be used for wading, swimming, diving, bathing, or any form of water recreation, therapy or sport.

(§ 1, Ord. 564-NS, eff. November 1, 1995)

All owners of property that contain a swimming pool and all operators of a swimming pool shall at all times properly maintain and operate the swimming pool in a manner that does not allow the swimming pool to become a breeding place for mosquitos, including emptying and keeping dry a swimming pool that is abandoned and/or not in service. Violation of this section is an infraction punishable by a fine not to exceed $250.

(§ 1, Ord. 564-NS, eff. November 1, 1995)

Pursuant to authority provided in Article 6, Chapter 10, Part 2, Division 3 of Title 4 of the Government Code of the State of California, and other applicable law, the City hereby establishes a procedure which may be utilized for abatement of public nuisances consisting of improperly operated or maintained swimming pools that provide a breeding place for mosquitos. This procedure is in addition to any other procedure that is authorized for such abatement. The purpose of this procedure is to enable the City to issue a notice to abate requiring the owner of any parcel of land or premises as shown on the last equalized assessment roll to abate such public nuisance and upon failure of the owner to satisfy the requirement by the date specified, to authorize the City to abate such public nuisance and to cause the cost of such abatement to become a special assessment against the property.

(§ 1, Ord. 564-NS, eff. November 1, 1995)

If, upon inspection, the City Health Officer, or a duly authorized representative of the City Health Officer, ascertains the presence of a swimming pool that is providing a breeding place for mosquitos, the City Health Officer, or a duly authorized representative of the City Health Officer, may issue a notice to abate for the parcel or premises upon which the public nuisance is discovered to each owner of record as shown on the last equalized assessment roll. The notice shall be posted in a conspicuous place on the property and a copy shall also be mailed to each owner of record as shown on the last equalized assessment roll. The notice to abate shall require the owner to abate the public nuisance within 25 days from the date of the notice, or attend a hearing, at a specified time and place, not sooner than 10 days nor longer than 15 days from the date of posting the notice or of mailing the notice, whichever is later, to show cause why the owner should not be required to abate the public nuisance. The failure of any person to receive the notice shall not affect the validity of any proceeding under this section.

(§ 1, Ord. 564-NS, eff. November 1, 1995)

The notice to abate shall do the following:

(1) State the finding of the City that a public nuisance exists on the property and the location of the public nuisance on the property;

(2) Direct the owner within 25 days of the notice to take appropriate steps to abate, eliminate, and prevent the recurrence of the public nuisance;

(3) Inform the owner that before complying with the requirements of the notice, the owner may appear at a hearing before the City Council at a time and place stated in the notice; and

(4) Inform the owner that if he or she fails to comply with the requirements of the notice by the date specified: (a) the City, or its contractor, may enter upon the property and abate the public nuisance; (b) the City will bill the property owner for the cost of abatement, including administrative costs; and (c) that if the owner fails to pay the bill timely, the cost of the abatement, including administrative costs, shall become a special assessment against the property to be collected on the next regular property tax bill levied against the property.

(§ 1, Ord. 564-NS, eff. November 1, 1995)

Before complying with the requirements of the notice to abate the owner of the property of the swimming pool may appear at a hearing before the City Council at a time and place fixed by the City and stated in the notice. At the hearing, the City Council shall determine whether the initial finding as set forth in the notice is correct and shall permit the owner to present testimony. If, after hearing all the facts, the City Council makes a determination that a public nuisance exists on the property, the City Council shall order compliance with the requirements of the notice or with alternative orders issued by the City Council.

(§ 1, Ord. 564-NS, eff. November 1, 1995)

In the event that the public nuisance is not abated by the date specified in the notice or by the date established by alternative order issued by the City Council, the City, or its contractor, may enter the property and abate the public nuisance.

(§ 1, Ord. 564-NS, eff. November 1, 1995)

The City Health Officer, or a duly authorized representative of the City Health Officer, may request any City department or agency having the necessary personnel and equipment to perform the work required to abate the public nuisance. The City may also use the services of contractor(s) under contract(s) awarded by the City. In the event a contract has been awarded, the contractor shall keep a complete account and submit an itemized written report with respect thereto to the City upon completion of the abatement work.

(§ 1, Ord. 564-NS, eff. November 1, 1995)

In the event that the City, or its contractor, abates the public nuisance pursuant to this article, the City may make the cost of the abatement, including administrative costs, a special assessment against the property. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.

(§ 1, Ord. 564-NS, eff. November 1, 1995)

No person shall refuse to obey any lawful order of the City Health Officer, or a duly authorized representative of the City Health Officer, made in the performance of his/her duties within the power conferred upon him/her by state law or by the municipal law of this City, including this section. Violation of this subsection shall be punishable as a misdemeanor.

(§ 1, Ord. 564-NS, eff. November 1, 1995)

(a) Any standing water on private property which has become a breeding ground 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 Huntington Park.

(b) When City health officers or appointed officers under direction of City officials, acting under any authority vested in him or her, finds any standing water on private property which has become a breeding source for mosquitoes, the officer may issue a written order to abate the standing water or other condition within the City that endangers the public health, safety and welfare of the citizens of Huntington Park. The owner or other person or persons 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 section shall be guilty of a misdemeanor pursuant to this Code.

(c) 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, the officer may summarily abate the nuisance at no cost to the owner or responsible person.

(§ 1, Ord. 748-NS, eff. June 20, 2005)