Monte Sereno Municipal Code Ch. 6.14 Mosquito Abatement

The City Council of the City of Monte Sereno expressly finds and declares that mosquito breeding places constitute a hazard to public health. It is the intent of this Chapter to establish procedures for abating mosquito breeding places and provide legal means for recovering the cost of abatement.

For the purpose of this Chapter

"City" means the City of Monte Sereno.

A. "Health Department" is defined as the Health Department of the County of Santa Clara which performs certain public health functions within the City.

B. "Health Officer" is defined as the Health Officer of the County of Santa Clara or his or her authorized representative.

No person shall permit any accumulation of water upon any premises within the City and in which mosquitoes breed. Any breeding place for mosquitoes is a public nuisance and a hazard to public health. The presence of mosquito larvae or pupae in any accumulation of water, whether upon the ground surface, pond, pool or container of any description shall constitute prima facie evidence that such a place is a breeding place for mosquitoes.

It shall be the duty of the Health Officer to enforce the provisions of this Chapter, and in the performance of this duty, the Health Officer is hereby authorized to enter at any reasonable hour any premises as may be necessary in the enforcement of this Chapter.

Whenever a public nuisance specified in this Chapter exists upon any property within the City, the Health Officer may notify in writing the owner and party in possession, or the agent of either, of the existence of the nuisance. The written notice may be served by any person authorized by the Health Officer in the same manner as a summons in a civil action. The contents of the written notice shall conform to the requirements of section 6.14.060.

The notice shall:

State the finding of the Health Officer, that a public nuisance exists on the property and the location of such nuisance on such property.

A. Direct the owner and party in possession to abate the nuisance within a specified time by destroying the larvae or pupae that are present.

B. Direct the owner and party in possession to perform, within a specified time, any work necessary to prevent the recurrence of breeding in the places specified in the notice.

C. Inform the owner and party in possession that failure to comply with the requirements of subdivision (B) of this section shall subject the owner and party in possession to civil penalties of not more than Five Hundred Dollars ($500.00) per day for each day the nuisance continues after the time specified for the abatement of the nuisance in the notice.

D. Inform the owner and party in possession that before complying with the requirements of the notice, the owner and party in possession may appear at a hearing before the Health Officer at a time and place stated in the notice.

Before complying with the requirements of the Notice the owner and/or party in possession of the property may appear at a hearing before the Health Officer at a time and place fixed by the Health Officer and stated in the Notice. At the hearing the Health Officer shall determine whether the initial finding as set forth in the Notice is correct and shall permit the owner and party in possession to present testimony in his behalf. If, after hearing all the facts, the Health Officer makes a determination that a nuisance exists on the property, the Health Officer shall order compliance with the requirements of the Notice or with alternate instructions issued by the Health Officer.

Any person aggrieved by any decision of the Health Officer pursuant to this Chapter may appeal to the City Council by filing a written notice of appeal with the Chief Administrative Officer of the City within three (3) days after the Health Officer has made his order upon completion of the hearing referred to in section 6.14.070. The City Clerk shall fix the time and place of hearing before the City Council at its next scheduled meeting, and shall give notice thereof in writing to such person by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to such person at his last known place of address set forth in the Notice to Abate given pursuant to section 6.14.050.

A. The City Council shall hear all evidence presented and shall determine all questions raised on such appeal at the time of the hearing. At the conclusion of the hearing, the City Council may uphold, or modify or overrule the order of the Health Officer.

Any failure to comply with any order of the Health Officer issued pursuant to Section 6.14.070, or by the City Council issued pursuant to Section 6.14.080, shall subject the owner and party in possession to civil penalties as determined by the discretion of the City Council which shall not exceed Five Hundred Dollars ($500.00) per day for each day in which such order is not complied with.

Any recurrence of the nuisance within thirty (30) days of the time specified for abatement of the nuisance may be deemed to be a continuation of the original nuisance.

In the event that the nuisance is not abated within the time specified in the Notice or at the hearing, or in any order made by the City Council following an appeal hearing, the Health Department may abate the nuisance by destroying the larvae or pupae and by taking appropriate measures to prevent the recurrence of further breeding.

The cost of abatement of a nuisance shall be repaid to the Health Department by the owner of the property. The owner shall not, however, be required to pay such cost unless, either prior or subsequent to the abatement by the Health Department, a hearing is held by the Health Officer at which the property owner is afforded an opportunity to be heard and it is determined by the Health Officer that a nuisance actually exists, or existed prior to abatement by the Health Department.

The Health Officer shall keep an account of the cost of abating the nuisance and shall submit an itemized statement thereof to the City Council at its next subsequent meeting thereafter.

The City Council shall set the time and place of hearing on the statement of costs. The City Clerk shall give notice of such hearing and shall serve a copy of the statement at least seven (7) days prior to the hearing, either personally or by certified mail, to the owner of the premises addressed to the owner at his last known place of address as shown in the Notice to Abate given pursuant to Section 6.14.050. If the owner of any premises is unknown, the notice and statement shall be posted on the bulletin board of the Monte Sereno City Office, 18041 Saratoga-Los Gatos Road, Monte Sereno, California, for at least seven days prior to the hearing.

At the hearing, the City Council shall receive and consider the statement of costs and the objections thereto, if any, and may raise, lower or modify the amount alleged to be due herein. The determination of the City Council thereon shall be final and conclusive, and the amounts of the cost of abating the nuisance upon the real property set forth in the statement of costs, shall constitute a special assessment against the real property.

A. Upon confirmation of such statement, a full and correct copy thereof shall be delivered to the Santa Clara County Assessor, who is the Assessor of the City of Monte Sereno and it shall be the duty of said Assessor to add the amounts set forth in such statement and charged against real property to the amount assessed against the same for municipal taxes and assessments, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary city taxes are collected, and such special assessments shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes.

The special assessment provisions of this Chapter do not apply to the property of any county, city, district, or other public corporation. However, the governing body of the county, city, district, or other public corporation shall repay to the Health Department the amount expended by the Health Department upon any of its property upon presentation by the Health Department of a verified claim or bill.

Notwithstanding any other provision contained in this Chapter, the amount of any confirmed statement of costs shall be deemed a debt due to the City of Monte Sereno which may maintain a civil action thereon in its own name in any court of competent jurisdiction for the amount thereof, together with its court costs, and attorney's fees.

It shall be unlawful for the owner, tenant or person in possession of the premises on which the mosquito breeding place declared to be a public nuisance exists to neglect or fail to remove or abate the nuisance within the time specified in the Notice to Abate referred to in Section 6.14.050 or any order referred to in Section 6.14.070 or 6.14.080.