La Habra Municipal Code Ch. 8.28 Control of Flies

The term "breeding place of flies" as used in the ordinance codified in this chapter means any place found to breed flies in an amount or such as to endanger public health or safety or to create unreasonable interference with the comfortable enjoyment of and use of life and property by others.

(Ord. 439 § 1, 1960)

The city council declares that any breeding place of flies in the incorporated territory which exists by reason of any condition or use made of land, organic plant, waste, animal material, or of any other substance whatsoever, or the deposit or the storage thereof, is a public nuisance.

(Ord. 439 § 2, 1960)

A. Every health officer, upon routine inspection, or whenever he or she 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, is a breeding place for flies shall enter, after requesting entry, and inspect to determine whether or not there is an existing breeding place for flies.

B. In the event that a health inspector is denied access to the premises, he or she shall promptly prepare an affidavit specifying on what grounds he or she believes the condition exists which constitutes a breeding place, and will request the city attorney to procure the issuance of a search warrant. The health officer shall furnish each of his or her deputies and inspectors with identification in such form as he or she shall prescribe.

(Ord. 1211, 1983)

A. Whenever there exists in any place within the city a breeding place of flies, the health officer may notify in writing the record owner or persons having control or possession of such place or premises to abate such nuisance.

B. The notice shall direct the owner or person in control or possession of the place or premises, within the time specified in the notice, to abate the nuisance and to perform any and all work necessary to prevent the recurrence thereof in the places or premises specified in the notice.

C. The notice shall be served upon the owner of record or person having control or possession of the place or premises upon which the nuisance exists, or upon the agent of either.

D. Notices may be served by any person authorized by the health officer for such purpose in the same manner as a summons in a civil action.

(Ord. 439 § 6, 1960)

A. Upon the neglect or refusal of the owner, or the person having control or possession of any place or premises to comply with the notice to abate, the health officer may abate such nuisance and the owner of such place or premises, or the person having control or possession thereof, shall be liable for the costs of such abatement which may be recovered in a civil action.

B. In the event the health officer elects to abate any such nuisance, he or she shall serve or cause to be served upon the record owner or the person in control or possession of the premises a "Notice of Intention to Abate," and if a hearing is not requested before the council as provided in subsection C of this section within ten days after service of the notice of intention to abate, the health officer may proceed to abate any such nuisance as provided in subsection A of this section.

C. The request for hearing shall be in writing and be filed with the city clerk. Notice of the time and place the council will consider the matter shall be mailed by the clerk to the applicant and to the health officer. At the time fixed for the hearing, the council shall hear and consider all relevant testimony and evidence relating to the matter as offered by the applicant and by the health officer. Upon the conclusion of the hearing, the council shall determine whether or not a condition contrary to the provisions of this chapter exists and whether or not the health officer may abate.

(Ord. 439 § 7, 1960)

Any owner or person having control or possession of any place or premises upon which there is existing a breeding place for flies, who refuses or neglects to abate the same or to take corrective measures to prevent its recurrence in accordance with the written notice from the health officer within the time specified in the notice shall be guilty of a misdemeanor.

(Ord. 439 § 8, 1960)

Provisions of this chapter in reference to abatement are to be construed as an added remedy of abatement of the nuisance declared and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law.

(Ord. 439 § 9, 1960)