Chapter 8.24 — MOSQUITO ABATEMENT

The city council of the city of Sunnyvale 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 provide legal means for recovering the cost of abatement. (Ord. 2074-83 § 1)

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. 2074-83 § 1)

It shall be the duty of the health officer of the county of Santa Clara to enforce the provisions of this chapter; and in the performance of this duty, the health officer is hereby authorized to enter at any reasonable hour any premises as may be necessary in the enforcement of this chapter. (Ord. 2074-83 § 1)

Whenever a public nuisance specified in this chapter exists upon any property the county 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 county 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 8.24.050. (Ord. 2074-83 § 1)

The notice shall:

(a) State the finding of the county health 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 subdivision (2) 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 county health officer at a time and place stated in the notice. (Ord. 2074-83 § 1)

Before complying with the requirements of the notice the owner and party in possession may appear at a hearing before the county health officer at a time and place fixed by the county health officer and stated in the notice. At the hearing the county health 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 in his behalf. If, after hearing all the facts, the county health officer makes a determination that a nuisance exists on the property, the county health officer shall order compliance with the requirements of the notice or with alternate instructions issued by the county health officer.

Any failure to comply with any order of the county 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 county health officer which shall not exceed five hundred dollars per day for each day in which such order is not complied with. (Ord. 2074-83 § 1)

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. 2074-83 § 1)

In the event that the nuisance is not abated within the time specified in the notice or at the hearing, the County of Santa Clara Health Department may abate the nuisance by destroying the larvae or pupae and by taking appropriate measures to prevent the recurrence of further breeding. (Ord. 2074-83 § 1)

The cost of abatement of a nuisance shall be repaid to the county health department 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 health department, a hearing is held by the county health officer at which the property owner is afforded an opportunity to be heard and it is determined by the county health officer that a nuisance actually exists, or existed prior to abatement by the county health department. (Ord. 2074-83 § 1)

All sums expended by the county health department in abating a nuisance or preventing its recurrence, when notice of the lien is filed and recorded as provided in Section 8.24.110, shall

become a lien upon the property on which the nuisance is abated, or its recurrence prevented. (Ord. 2074-83 § 1)

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 health department in the office of the county recorder within one year after the first item of expenditure by the county health department 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 had 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 such notice, and shall continue for ten years from the time of the recording of such notice unless sooner released or otherwise discharged. (Ord. 2074-83 § 1)

An action to foreclose the lien shall be commenced within six months after the filing and recording of the notice of lien. (Ord. 2074-83 § 1)

When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure shall be paid to the county health department; 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. (Ord. 2074-83 § 1)

The lien provisions of this chapter do not apply to the property of any county, city, district or other public corporation. However, the governing body of the county, city, district or other public corporation shall repay to the county health department the amount expended by the county health department upon any of its property upon presentation by the county health department of a verified claim or bill. (Ord. 2074-83 § 1)

§ 8.24.150. "Health officer" defined.

As used in this chapter, the term "health officer" means the health officer of the county of Santa Clara or his/her authorized representative. (Ord. 2074-83 § 1)

• Title 9
• PUBLIC PEACE, SAFETY OR WELFARE
• Chapter 9.24 PUBLIC PEACE, SAFETY OR
• WELFARE

• Chapter 9.28 REGULATION OF SMOKING AND FLAVORED TOBACCO PRODUCTS

• Chapter 9.30 SHOPPING CART CONTAINMENT

• Chapter 9.32 GAMBLING MACHINES AND COIN
• OPERATED DEVICES

• Chapter 9.36 POOL AND BILLIARD ESTABLISHMENTS—GAMBLING

• § 9.37.130. "Bingo" defined.
• Chapter 9.38 UNLAWFUL EXPOSURE OF PRIVATE
• PARTS OR FEMALE BREASTS

• Chapter 9.40 ADULT ENTERTAINMENT ESTABLISHMENTS—LICENSES

• Chapter 9.41 MASSAGE ESTABLISHMENTS AND
• PROFESSIONALS

• Chapter 9.43 FIREARMS SALES

• Chapter 9.47 EXTRAORDINARY PUBLIC SAFETY
• SERVICE LIABILITY

• Chapter 9.52 UNAUTHORIZED PRESENCE IN
• PRIVATE PARKING LOTS

• Chapter 9.56 SOLICITATION OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS OF
• MONEY OR OTHER PROPERTY

• Chapter 9.60 ADVERTISING AND PRINTED
• MATTER

• Chapter 9.63 CAMPING AND STORAGE OF PROPERTY IN PUBLIC AREAS

• Chapter 9.72 DISCRIMINATION AGAINST FAMILIES WITH MINOR CHILDREN
• IN HOUSING

• Chapter 9.76 PROHIBITION AGAINST DISCRIMINATION BASED ON ACQUIRED IMMUNE DEFICIENCY
• SYNDROME (AIDS)

• Chapter 9.84 MINORS IN POOL AND BILLIARD
• HALLS

• Chapter 9.86 MARIJUANA

• Chapter 9.88 SALE AND DISPLAY OF NARCOTIC
• AND OTHER PARAPHERNALIA

• Chapter 9.94 PUBLIC ACCESS TO HEALTH CARE
• FACILITIES