Scotts Valley Municipal Code Ch. 8.08 Public Fly Nuisance

The purpose of this chapter is to provide for the investigation, continuing regulation and abatement of conditions in the city productive of flies, which constitute a hazard to the public health, safety and welfare. In the administration and enforcement of this chapter, factors of population density and zoning ordinances will be taken into account.

(Ord. 54 § 1(b), 1972)

As used in this chapter, the following definitions will apply:

A. Public Fly Nuisance. The term "public fly nuisance" means any place, condition, process or operation where by reason of the conduct, misconduct, neglect, failure or refusal of anyone, there is created or continues to exist the production of flies or fly larvae or pupae in such manner and in such quantity as to endanger the health or interfere with the comfort of the persons who occupy property in the neighborhood.

B. Order of Abatement. The term "order of abatement" includes modifications or reinstatements of any order of abatement and includes both prohibitory and mandatory orders requiring or prohibiting one or more acts. The term includes those orders effective for a limited as well as an indefinite period of time.

C. Abatement. The term "abatement" includes demolition, removal, repair, maintenance, construction, reconstruction, replacement and reconditioning of structures, appliances, appurtenances or equipment; removal, transportation, disposal and treatment of refuse, manure or other substance or media capable of breeding or attracting flies, and the application of chemical or other substances or the use of mechanical means to control, eradicate and eliminate sources or causes of fly breedings.

(Ord. 54 § 1(c), 1972)

The city health officer shall be responsible for the administration of this chapter and shall conduct such area surveys as are appropriate. The term "city health officer" as used in this chapter includes any employee of the health department of the county of Santa Cruz to whom any of the duties of the city health officer have been delegated under this chapter or under any other laws or ordinances of the city.

(Ord. 54 § 1(d), 1972)

The city health officer may, upon reasonable cause to believe a public fly nuisance exists, investigate conditions productive of flies, fly larvae or pupae. He shall have the power while in the performance of his duty and upon first presenting his credentials and identifying himself as an employee of the county health department to the person apparently in control of the premises, if available, to enter upon any premises between the hours of eight a.m. and six p.m. but not in the dwelling of any person without permission to discover or to inspect any thing or condition which is productive or susceptible to the production of flies. He may examine such places, things, or media, take such samples and make such tests as needed and take any other step reasonably necessary for the proper investigation and determination of conditions which may be productive of fly larvae or pupae.

(Ord. 54 § 1(e), 1972)

The city health officer shall determine whether or not any of the conditions investigated constitute a public fly nuisance. If he determines that any of such conditions do constitute a public fly nuisance, he may issue a written order requiring that the conditions productive of flies, fly larvae or pupae be abated within a period of not less than seven days thereafter and shall forthwith serve the order upon the persons maintaining such public fly nuisance. An order of abatement of a public fly nuisance made pursuant to this section shall continue in full force and effect until rescinded by the city health officer or vacated or superseded by order of the council after a hearing pursuant to Section 6.14.060. The period of time specified in the order of abatement may for good cause be extended by written order of the city health officer. Any such order by the city health officer may be modified by the city health officer or modified by the council after such hearing.

Any person served with a written order of abatement made pursuant to this section may appeal to the council as provided in Section 6.14.060 and such appeal shall stay the effect of such order until the council hears the appeal and issues its order modifying, vacating or affirming such order of abatement; provided, however, such appeal and stay of the order of abatement shall not relieve any person from liability and responsibility, both criminal and civil, for maintaining a public fly nuisance and shall not stay or prevent the filing or prosecution of a criminal complaint for the maintenance of such public fly nuisance.

(Ord. 54 § 1(f), 1972)

Any person ordered to control or abate a public fly nuisance by written order of the city health officer issued pursuant to Section 6.14.050, may, within five working days after service of the written order, file an appeal in writing to the city council. The appeal shall specify the grounds upon which it is made. The city council shall then proceed to set the matter for hearing at its next regularly scheduled meeting following the first Friday after the appeal is received. Following this hearing, the council may either affirm, modify or overrule the action of the city health officer.

(Ord. 54 § 1(g), 1972)

Each notice or order given or made under this chapter shall be served upon the person occupying the premises upon which the public fly nuisance exists. If no person occupies the premises, the notice or order shall be posted upon said premises in a conspicuous place and served upon the person appearing as owner of said premises according to the last equalized assessment roll of the city.

(Ord. 54 § 1(h), 1972)

In the event the public fly nuisance as determined under Section 6.14.050 is not abated or the conditions and provisions of the order have not been complied with, the city health officer, by order of the council, may abate the public fly nuisance, prevent its recurrence, and eliminate or control the conditions productive of flies, fly larvae or pupae which constitute the public fly nuisance.

(Ord. 54 § 1(i), 1972)

The cost of abatement shall be repaid to the city by the owner and the possessor of the property who shall be jointly and severally liable therefor. All sums expended by the city in abating a public fly nuisance or preventing its recurrence are a lien upon the property on which the public fly nuisance is abated or its recurrence prevented. Notice of the lien may be filed and recorded with the recorder of the county of Santa Cruz.

(Ord. 54 § 1(j), 1972)

Any person upon whom an order to abate a public fly nuisance is served who fails, refuses or neglects to obey or to continue to obey any provision of the order, shall be guilty of a misdemeanor, and upon conviction, shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than sixty days or by both such fine and such imprisonment.

(Ord. 54 § 1(k), 1972)