8.16 — PEST CONTROL

"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 place or 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 place or premises where three or more horses are maintained for any purpose.

"Pest Abatement Board" means an administrative board composed of five members appointed by the Orange County Board of Supervisors.

"Pest Abatement Hearing Officer" means the Assistant Director of Parks and Maintenance of the City or such other person as is appointed by the City Manager.

"Pest breeding hazard" as used in this chapter means the accumulation, existence, or maintenance of any substance, matter, material, or condition resulting in the breeding of flies 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. (Prior code 5200; Ord. 4-72; Ord. 45-74; Ord. 23-24, 8/13/2024)

Any pest breeding hazard in the City is hereby declared to constitute a public nuisance. (Prior code 5201; Ord. 56-61; Ord. 4-72; Ord. 23-24, 8/13/2024)

It shall be the duty of the Health Officer of Orange County, upon routine inspection, upon request of the Pest Abatement Board, or whenever they are informed or have 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.

(Prior code 5202; Ord. 56-61; Ord. 4-72; Ord. 23-24, 8/13/2024)

• A. Whenever there exists in any place within the City a pest breeding hazard, the County 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 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 County Health Officer at least 10 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

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City of Orange, CA § 8.16.040

ORANGE CODE

§ 8.16.060

• 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 Attorney shall be notified. If abatement is not accomplished within five days of notice to the City Attorney, the County 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 County or 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 Health Officer of Orange County for such purposes in the same manner as a summons in a civil action.

(Prior code 5203; Ord. 56-61; Ord. 4-72; Ord. 45-74; Ord. 23-24, 8/13/2024)

• A. At the time fixed for the hearing by the Pest Fly 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 County Health Officer or agent, and by any other interested person. Upon the conclusion of the hearing, the Board or the Hearing Officer 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 they may do, at their 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 County 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.

• (Prior code 5204; Ord. 4-72; Ord. 45-74; Ord. 23-24, 8/13/2024)

The Pest Abatement Board, or Pest Abatement Hearing Officer, 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

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City of Orange, CA

HEALTH AND SAFETY

§ 8.16.060

§ 8.16.090

food establishments and dwellings, to serve as guidelines in the abatement proceedings described in Section 8.16.050. All such standards shall be printed and made available to the public. (Prior code 5205; Ord. 4-72; Ord. 45-74; Ord. 23-24, 8/13/2024)

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 or the County, they shall then be declared a special assessment against that parcel as provided in the Government Code. Such special assessment shall be collected at the same time and in the same manner as ordinary City or County 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 or County taxes. The City and County shall retain the additional and independent right to recover their costs by way of civil action against the owner and person in possession or control, jointly or severally.

The provisions of this article are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law. (Prior code 5206; Ord. 4-72; Ord. 23-24, 8/13/2024)

• A. Commercial Manure Dealer Defined. "Commercial manure dealer" means any person, firm, or corporation who, for a fee, gathers, collects, hauls, stockpiles, spreads, or sells any manure or manure-like substance.

• B. Registration. It is unlawful for any commercial manure dealer to gather, collect, haul, stockpile, spread, or sell any manure or manure-like substances within the City without first registering with the Orange County Health Officer on forms prescribed by him or her. Such registration shall expire at the end of each calendar year and shall be renewed annually during the first week in January. There shall be no fee for such registration nor any subsequent renewal.

• C. Failure to Register a Misdemeanor. Failure to register as a commercial manure dealer as provided in this section shall constitute a misdemeanor.

• (Prior code 5208; Ord. 4-72; Ord. 23-24, 8/13/2024)

• A. Other remedies not excluded, the provisions of this chapter are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.

• B. Penalty for Failure to Abate Nuisance. Any record owner or person having control or possession of any place or premises upon which a pest breeding hazard has been found to exist by the Pest Abatement Board or Pest Abatement Hearing Officer who refuses or neglects to abate such nuisance or to perform all work necessary to prevent its recurrence in accordance with and within the time specified in such written notice of the Board or Hearing Officer shall be guilty of a misdemeanor.

• C. Anyone who maintains a pest breeding hazard as defined in Section 8.16.010 shall be guilty of a misdemeanor and may be prosecuted criminally without first complying with the

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City of Orange, CA

ORANGE CODE

§ 8.16.090

§ 8.16.090

requirements of Sections 8.16.040 and 8.16.050 except that reasonable notice in writing shall be given prior to filing such complaint.

(Prior code 5207; Ord. 4-72; Ord. 45-74; Ord. 1-80; Ord. 23-24, 8/13/2024)

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City of Orange, CA

HEALTH AND SAFETY

§ 8.24.010

§ 8.24.020