Article 7-40

MOSQUITO ABATEMENT

Sections:

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

The term "Enforcement Officer," as used in this Article, means the person or persons duly authorized by the County to administer and enforce the provisions of this Article.

The duty and authority to enforce the provisions of this Article are hereby delegated to the County, such duty to be performed by the Enforcement Officer, who is hereby authorized to enter at any reasonable hour any premises as may be necessary in the enforcement of this Article.

No person shall permit any accumulation of water upon any premises in which mosquitoes breed. A breed-

ing 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.

Whenever a public nuisance specified in this Article exists upon any property, the Enforcement 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 Enforcement 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 7-40.060.

The notice to abate shall:

(a) State the finding of the Enforcement Officer that a public nuisance exists on the property and the location of such nuisance on such 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 the 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 in the notice for the abatement of the nuisance.

(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 Enforcement Officer at a time and place stated in the notice.

(a) Before complying with the requirements of the notice to abate, the owner and party in possession may appear at a hearing before the Enforcement Officer at a time and place fixed by the Enforcement Officer and stated in the notice. At the hearing, the Enforce-

(Saratoga Supp. No. 40, 1-17)

144.1

7-40.070

ment 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 on their behalf. If, after hearing all the facts, the Enforcement Officer makes a determination that a nuisance exists on the property, the Enforcement Officer shall order compliance with the requirements of the notice or with alternate instructions issued by the Enforcement Officer.

(b) Any failure to comply with any order of the Enforcement Officer issued pursuant to this Section shall subject the owner and party in possession to civil penalties as determined in the discretion of the Enforcement Officer, which shall not exceed five hundred dollars per day for each day in which the owner and party in possession fail to comply with such order, subject to right of appeal to the City Council in accordance with the procedure set forth in Section 2-05.030 of this Code.

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

In the event the nuisance is not abated within the time specified in the notice or at the hearing, the County 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 County 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 County, a hearing is held by the Enforcement Officer at which the property owner is afforded an opportunity to be heard and it is determined by the Enforcement Officer that a nuisance actually exists, or existed prior to abatement by the County.

Notice of the lien, particularly identifying the property on which the nuisance was abated and the amount of such lien, and naming the owner of record of such property, shall be recorded by the County in the office of the County Recorder within one year after the first item of expenditure by the County or within ninety days after the completion of the work, whichever first occurs. Upon such recordation, such lien shall have the same force, effect and priority as if it has been a judgment lien imposed upon real property which was not exempt from execution, except that it shall attach only to the property described in the notice of lien and shall continue for ten years from the time of the recording of such notice unless sooner released or otherwise discharged.

An action to foreclose the lien shall be commenced within six months after the filing and recording of the notice of lien.

When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure shall be paid to the County; and the surplus, if any, shall be paid to the owner of the property if known, and if not known, shall be paid into the Court in which the lien was foreclosed for the use of the owner when ascertained.

The lien provisions of this Article do not apply to the property of the City, or any district or other public corporation. However, the City, district or other public corporation shall repay to the County the amount expended by the County upon any of its property upon presentation by the County of a verified claim or bill.

All sums expended by the County in abating a nuisance or preventing its recurrence, when notice of the lien is filed and recorded as provided in Section 7-40.120, shall become a lien upon the property on which the nuisance is abated, or its recurrence prevented.

(Saratoga Supp. No. 40, 1-17)

144.2

7-45.030