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Mosquito Abatement II ...\ . . ORDINANCE NO. NS- 5/FJ,3() AN ORDINANCE TO ADD CrIAPTER VIII (COMMENCIN3 WITH SECTION BI1-200) TO DIVISIO~ Ell OF THE SANTA CLARA COUNTY ORDINAN:E CODE, RELATIN3 TO d_,.'T,011 c.' SQU I TO AE. A ':'EM E NT The Board of Supervisors of the County of Santa Clara, State of California~ does ordain as follows: SECTION 1: Chapte~ VIII (commencing with section Bll-200) is added to Division Bll of the Santa Clara County Ordinance Code to read: CHAPTER VIII. MOSQUITO ABATEMENT' Sec. Bil-200. Declaration of findings, intent and policy. The Board of Supervisors expressly finds and declares that mosquito breeding places constitute a hazard to public health. It is the intent of this ordinance to establish procedures for abating mosquito breeding places and provide legal means for recovering the cost of abatement. Sec. Bll-281. Mosquito breeding places. No person shall permit any accumulation of water upon any premises in which mosquitoes breed. Any breeding place for mosquitGes 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 ois a breeding place for mosquitoes. Sec. Bll-202. Enforcement. It shall be the duty of the Health Officer to enforce the provisions of this ordinance: and in the performance of this duty, the Health Officer is hereby authorized. to enter at any reasonable -1- . . hour any premises as may be necessary in the enforcement of this ordinance. Sec. Bll-203. Notice to abate. Whenever a public nuisance specified in this ordinance 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 confirm to the requirements of Section Bll-204. Sec. Bll-204. Contents of notice. The notice shall: (a) State the finding of the Health Officer that a public nuisance exists on the property and the location of suc~ 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. (e) 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. Cd) Inform the owner and party in possession that failure to comply with the requirements of subdivision (b) of this section shall subject the owner and party in possession to civil penalties of not more than five hundred dollars ($SOO). -2- 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 Officer at a time and place stated in the notice. Sec. Bll~205. Hearing; appearance; order; penalties for failure to comply. Before complying with the requirements of the notice the owner and party in possession may appear at a hearing before the Health Offfcgr at a 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 and shall permit the owner and party in possession to present testimony in 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 Officer which shall not exceed five hundred dollars ($500) per day for each day in which such order is not complied. Sec. Bll-206. Recurrence of nuisance. Any recurrence of the nuisance within 30 days of the time specified for abatement of the nuisance may be deemed to be a -3- continuation of the original nuisance. Sec. Bll-20 7. Aba temen t by Heal th Department. In the event that the nuisance is not abated within the time specified in the notice or at the hearing, the Health Department may abate the nuisance by destroying the larvae or pupae and by taking appropriate measures to prevent the recurrence of further breeding.. Sec. Bll-208. Payment of cost by owner. The cost of abatement of a nuisance shall be repaid to the Health Department by the owner of the property. The owner shall not, however, be required to pay such cost unless, elther prior or subsequent to the abatement by the Health Department, a hearing is held by the Health Officer at which the property owner is afforded an opportunity to be heard and it is determined by the Health Officer that a nuisance actually exists, or existed. prior to abatement by the Health Department. Sec. Bll-209. Lie'n on property. All sums expended by the Health Department in abating a nuisance or preventing its recurrence, when notice of the lien is filed and recorded as provided in Section Bll-2l0, shall become a' lien upon the property on which the nuisance is abated, or its recurrence prevented. Sec. Bll-2l0. Recordation of notice of lien~ priority of lien. NOtice of the lien, particularly identifying the property on which the nuisa.nce was abated and the amount of such lien, and naming the owner of record of such property, shall be recorded by -4- the Health Department in the office of the County Recorder within one year after the first item of expenditure by the Health Department or within 90 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 10 years from the time of the recording of such notice unless sooner released or otherwise discharged. Sec. Bll-2Il. Action to foreclosure: time for commencement. An action to foreclose the lien shall be commenced within six . months after the filing and recording of the notice of lien. Sec. BlI-212. Satisfaction of lien from proceeds of sale: disposition of balance. When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure shall be paid to the 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. Sec. Bll-213. Exemption from lien provisions. The lien provisions of this ordinance 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 o~er public corporation shall repay to the Health Department the amount expended by the Health Department upon any -5- , . .' of its property upon presentation by the Health Department of a verified claim or bill. Sec. Bll-214. "Health Officer" defined. As used in this ordinance, the term "Health Officer" means the Health Officer of the County of Santa Clara or his/her authorized representative. PASSED AND ADOPTED by the Board of Supervi sors of the County of Santa Clara, State of California, on .IIJ N 2 1 1QS3 '. the following vote: AYES: Supervisors DIRIDON, LEGAN, LOFGREN, MORGAN, WILSON NOES: Supervi sors RONt AB SENT:. Supervi sor s NOm ~1'~ REBECCA Q. MO~N Chairperson, Board of Supervisors A'ITEST: DON.~LD M. AAIl'."S, Clerk N;:J~t1:t/?:.s APPROVED AS TO FORM: ~lttPlw~'-n Deputy Cou ~y Counsel DJ F /hh l396L -6-