Chapter 9.78 — MOSQUITO ABATEMENT — Palo Alto Municipal Code

9.78.010 Declaration of findings, intent and policy.¶

The city council 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 to provide legal means for recovering the cost of abatement.

(Ord. 3470 § 1 (part), 1983)

9.78.020 Mosquito breeding places.¶

No person shall permit any accumulation of water upon any premises 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.

(Ord. 3470 § 1 (part), 1983)

9.78.030 Enforcement.¶

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 authorized to enter at any reasonable hour any premises as may be necessary in the enforcement of this chapter.

(Ord. 3470 § 1 (part), 1983)

9.78.040 Notice to abate.¶

Whenever a public nuisance specified in this chapter exists upon any property, 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 9.78.050.

(Ord. 3470 § 1 (part), 1983)

9.78.050 Contents of notice.¶

The notice shall:

(a) State the finding of a health officer that a public nuisance exists on the property and the location of such nuisance on the property;

(b) Direct the owner and party in possession to abate the nuisance within a specified time by destroying the larvae or pupae that are present;

(c) Direct the owner and party in possession to perform, within a specified time, any work necessary to prevent recurrence of breeding in the places specified in the notice;

(d) Inform the owner and party in possession that failure to comply with the requirements of subsection (b) of this section shall subject the owner and party in possession to civil penalties of not more than five hundred dollars per day for each day the nuisance continues after the time specified for the abatement of the nuisance in the notice;

(e) 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 officers at a time and place stated in the notice;

(f) Inform the owner and party in possession that failure to comply with the requirements of subsection (b) of this section will result in the city abating the condition, and expense thereof charged to the owner and party in possession as a personal obligation and/or made a lien upon the property upon which said condition exists.

(Ord. 3470 § 1 (part), 1983)

9.78.060 Hearing - Appearance - Order - Penalties for failure to comply.¶

Before the expiration of the time set for compliance with the requirements of the notice, the owner and party in possession may appear at the hearing before the health officer at the 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, after permitting the owner and party in possession to present testimony on 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 failure to comply with any order of the health officer issued pursuant to this section shall subject the owner and party in possession to civil penalties as determined by the discretion of the health officers which penalties shall not exceed five hundred dollars per day for each and every day during which the owner and the party in possession has failed to comply with such order.

(Ord. 3470 § 1 (part), 1983)

9.78.070 Recurrence of nuisance.¶

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

(Ord. 3470 § 1 (part), 1983)

9.78.080 Abatement by health officer.¶

In the event that the nuisance is not abated within the time specified in the notice or at the hearing, the health officer may abate the nuisance at the expense of the person or persons receiving the notice provided in Section 9.78.040 by destroying the larvae or pupae and by taking appropriate measures to prevent the recurrence of further breeding.

(Ord. 3470 § 1 (part), 1983)

9.78.090 Abatement by health officer - Debt of owner.¶

Upon the abatement of such condition or any portion thereof by the health officer, all expenses thereof shall constitute a civil debt owing to the city jointly and severally by such of the persons who have been given notice in this chapter provided, excepting only such of said persons which the enforcement officer has concluded pursuant to proof at the hearing are not persons properly charged with the responsibility of abatement within the meaning of this chapter. The debt shall be collectible in the same manner as any other civil debt owing to the city.

(Ord. 3470 § 1 (part), 1983)

9.78.100 Imposition of lien.¶

If the debt is not paid upon demand, and in the event the city officer charged with the collection of the debt shall determine not to file civil suit to collect the same, then the debt may be embodied in a report and an assessment list which shall be filed with the city clerk as provided in Section 8.08.060. Thereafter, proceedings shall be had as provided in Sections8.08.060 to 8.08.090, inclusive, for the placement and collection of liens on property.

(Ord. 3470 § 1 (part), 1983)

9.78.110 Abatement by owner.¶

If and when an owner or other responsible person undertakes to abate any condition described in this chapter whether by order of the health officer or otherwise, all needful and legal conditions pertinent to said abatement may be imposed by the health officer, and it is unlawful for the

owner to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to such abatement.

(Ord. 3470 § 1 (part), 1983)

9.78.120 Procedure not exclusive.¶

The procedure provided in this chapter shall be cumulative and, in addition, to any other procedure or procedures provided in ordinances of the city or by state law for the abatement of any of the conditions described in this chapter, and abatement under this chapter shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition.

(Ord. 3470 § 1 (part) 1983)

9.78.130 Exemption from lien provisions.¶

The lien provisions of the ordinance codified in this chapter do not apply to the property of any county, city, district, or other public corporation. However, the governing body of any county, city, district or other public corporation shall repay to the health officer the amount expended by the health officer upon any of the property of such public entity upon presentation by the health officer of a verified claim or bill.

(Ord. 3470 § 1 (part), 1983)