Mission Viejo Municipal Code Ch. 6.70 Pest Abatement

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:

Commercial dairy farm means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or six goats are in lactation.

Commercial poultry ranch means any premises where poultry are maintained, raised or fed for the primary purpose of producing eggs or meat for sale or other distribution.

Horse stable means any location where three or more horses are maintained for any purpose.

Pest abatement board means an administrative board composed of five members, appointed by the city council.

Pest breeding hazard means the accumulation, existence or maintenance of any substance, matter, material or condition resulting in the breeding of flies, cockroaches, rats, or other insects or rodents 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.

(Ord. No. 88-12, § 3(4-2-1—4-2-5), 6-27-88)

Cross reference— Definitions generally, § 1.01.170.

Any pest breeding hazard in the city is hereby declared to constitute a public nuisance.

(Ord. No. 88-12, § 3(4-2-6), 6-27-88)

It shall be the duty of the city health officer, upon routine inspection, upon request of the pest abatement board, 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 pest breeding hazard to enter, after demand, upon such premises and to determine whether or not there is an existing pest breeding hazard. The city health officer shall furnish each of his deputies and inspectors with identification in such form as he shall prescribe.

(Ord. No. 88-12, § 3(4-2-12), 6-27-88)

(a) Whenever there exists in any place within the city a pest breeding hazard, the city health officer shall notify in writing the record owner or person having control or possession of such place or premises to abate such nuisance and to take corrective measures to prevent its recurrence, and to appear at a public hearing to be held by the pest abatement board. A copy of such notice shall be posted in a conspicuous place upon such place or premises. Such hearing shall be set by the city health officer at least ten days after the date of such notice.

(b) The notice shall specify what is claimed to be causing the hazard and what must be done to abate it and shall direct the owner or person in control or possession of the place or premises 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, prior to the time set for the public hearing by the pest abatement board and shall advise such owner or person that in lieu of such abatement, if the pest abatement board determines that a pest breeding hazard still exists at the time of such public hearing, the city health officer will proceed to abate such nuisance, without further notice, unless such nuisance is abated before a date specified by the board, and 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, including all administrative costs, and such costs shall constitute a charge and lien upon such place or premises.

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

(d) Any person may petition the pest abatement board, upon a form to be provided by the health officer, to direct the health officer to inspect any designated premises pursuant to section 6.70.030 or to issue, serve, and post the above notice of pest breeding hazard. The pest abatement board shall hold a public hearing on such petition within 45 days. Following such hearing, the board may direct the health officer to inspect the premises or to issue, serve and post such notice as provided in this section. In addition, the board may direct the health officer to inspect the premises upon which the alleged pest breeding hazard exists and present a report thereon to the board at the hearing to be held pursuant to section 6.70.050.

(Ord. No. 88-12, § 3(4-2-13), 6-27-88)

(a) At the time fixed for the hearing by the pest abatement board, such board shall hear and consider all relevant testimony and evidence offered by the owner of record or person having control or possession of the place or premises upon which the pest breeding hazard is stated in such notice to exist, by the health officer or his agent, and by any other interested person. Upon the conclusion of the hearing, the board shall make the following findings:

(1) Whether or not a pest breeding hazard exists.

(2) Specifically, what is causing the hazard.

(3) What should be done by the owner to abate the hazard.

(4) What work, if any, should be done by the owner to prevent its recurrence.

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

(6) Whether the health officer shall abate and, specifically, what he may do, at his option; provided that anything not included in the board's order shall not be done by the health officer.

(b) If the board determines that such a pest breeding hazard exists, it shall direct the health officer to abate it, without further notice, unless the condition is abated and such work performed by the owner on or before a date to be specified by the board.

(Ord. No. 88-12, § 3(4-2-14), 6-27-88)

The pest abatement board, upon recommendation of the health officer, is authorized to adopt pest control standards of operation and design of commercial dairy farms, commercial poultry ranches, horse stables, or other premises, including food establishments and dwellings, to serve as guidelines in the abatement proceedings described in section 4-2-14. All such standards shall be printed and made available to the public.

(Ord. No. 88-12, § 3(4-2-15), 6-27-88)

All costs shall constitute a charge and special assessment upon such parcel of land. If such costs are not paid within a period specifically set by the city, they shall then be declared a special assessment 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 its costs by way of civil action against the owner and person in possession or control, jointly or severally.

(Ord. No. 88-12, § 3(4-2-16), 6-27-88)