Santa Ana Municipal Code § 18-285 Fly control standards

Footnotes:

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Editor's note— Ord. No. NS-1030, § 1, enacted Aug. 17, 1970, repealed former §§ 18-279—18-286, pertaining to flies derived from Code 1952, §§ 5600—5608, Ord. No. NS-457, § 1, enacted July 18, 1960, Ord. No. NS-466, enacted Sept. 6, 1960 and Ord. No. 519, § 1, enacted June 5, 1961. Said Ord. No. NS-1030 enacted §§ 18-279—18-287 as herein set out.

Fly breeding hazard as used in these sections shall mean 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.

(Ord. No. NS-1030, § 1, 8-17-70)

Fly abatement board as used in these sections shall mean an administrative board appointed by the board of supervisors as fly abatement board for the County of Orange.

(Ord. No. NS-1030, § 1, 8-17-70)

Any fly breeding hazard in the City of Santa Ana is hereby declared to constitute a public nuisance.

(Ord. No. NS-1030, § 1, 8-17-70)

It shall be the duty of the health officer of the County of Orange upon routine inspection, 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 within the City of Santa Ana is a fly breeding hazard to enter, after demand, upon such premises and to determine whether or not there is an existing fly breeding hazard.

(Ord. No. NS-1030, § 1, 8-17-70)

Whenever there exists in any place within the City of Santa Ana a fly 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 fly 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 Orange County Health Officer at least ten (10) days after the date of such notice.

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 fly abatement board, and shall advise such owner or person that in lieu of such abatement, if the fly abatement board determines that a fly breeding hazard still exists at the time of such public hearing, 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 of Orange 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.

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.

(Ord. No. NS-1030, § 1, 8-17-70)

At the time fixed for the hearing by the 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 fly breeding hazard is stated in such notice to exist, by the county 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 fly breeding hazard exists;

(2) Specifically, what is causing the hazard;

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

If the board determines that such a fly 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.

(Ord. No. NS-1030, § 1, 8-17-70)

The fly abatement board, upon recommendation of the health officer, is authorized to adopt fly control standards of operation and design of commercial dairy farms, commercial poultry ranches and horse stables to serve as guidelines in the abatement proceedings described in section 18-284. All such standards shall be printed and made available to all dairymen, poultrymen and horse stable owners or operators.

(Ord. No. NS-1030, § 1, 8-17-70)

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 County of Orange, they shall then be declared a special assessment against that parcel as provided in Government Code Section 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 and county 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. NS-1030, § 1, 8-17-70)

The provisions of this section 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, as may be brought by the City of Santa Ana.

(Ord. No. NS-1030, § 1, 8-17-70)