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HomeMy WebLinkAboutOrdinance #799 ORDINANCE No. 799 AN ORDINANCE OF THE CITY OF HUNT INGT ON BEACH RELATING TO FLY CONTROL AND PUBLIC HEALTH; DECLARING AN EMERGENCY TO EXIST; ADDING SECTIONS TO AND AMENDING SECTIONS CF THE HUNTINGTON BEACH ORDINANCE CODE WHEREAS, the Health Officer and other departments of the City Government of the City of Huntington Beach have been receiving complaints almost daily from residents of Huntington Beach and adjoining areas that the number of flies is increasing rapidly and is causing a great deal of interference with the comfortable enjoyment of life and property and is becoming a nearly unbearable nuisance to said complainants. Ordinances similar to this ordinance have been passed by the County of Orange and other nearby cities in the County of Orange , some of which ordinances became ef- fective as a result of being declared an emergency measure by their respective governing bodies for the reason; that residents of such jurisdictions were complaining in great numbers about the nuisance that flies were causing and the unreasonable interference with the comfortable enjoyment of life and property by said complainants. Enforcement of these ordinances is now taking place to abate the fly nuisance. Present evidence submitted by the Health Officer and others indicate that unless this fly nuis- ance in the City of Huntington Beach is abated forthwith, the public health may be in danger and the interference with the Ord. No. 799 comfortable enjoyment of life and property by Huntington Beach residents will be unreasonable and entirely unaccepta- ble to the entire City. The adoption of this ordinance as an urgency measure is necessary for the immediate preservation of' the public peace , health, safety and public welfare. N(IJ THEREFORE, in consideration of and by the above pre- amble and statement, the City Council of the City of Hunting- ton Beach declares and defines that an emergency exists nec- essitating the following ordinance for the immediate protect- ion and preservation of the public health and safety. The City Council of the City of Huntington Beach do or- dain as follows: of the Huntin ton Beach Ordinance Code Section 1. That Sections 3121, 312 and 3123/be repeal- ed and that said sections be re-enacted, and as re-enacted, shall be in words and figures as follows , to-wit: Section 3121. The term "breeding place of flies" as used in this article shall mean any place found to breed flies in an amount or manner such as to endanger public health or safety or to create unreasonable interference with the comfortable enjoyment of and use of life and property by others. 2. Ord. No. 799 Section 3122. The City Council of the City of Hunting- ton Beach hereby declares thatany breeding place of flies in the City of Huntington Beach which exists by reason of any condition or use made of land , organic plant, waste, animal material, or of any other substance whatsoever, or t= the dep©:sit or the storage thereof, is a public nuisance . Section 3123. It shall be the duty of the Health Offi- cer , 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 is a breeding place of flies to enter, after demand, upon such premises and to determine by in- spection whether or not there is an existing breeding place of flies. Section 2. That the following new sections are hereby added to the Huntington Beach Ordinance Code and shall read in words and figures as follows: Section 3123.1. Except as to residences and living quarters, the Health Officer or his authorized deputies or inspectors for the purpose of routine inspection or whenever he shall have reasonable cause to believe that any violation of this article exists upon any premises or in any place, after displaying identification may demand entry thereon in the day time. Every person who owns, occupies 3• Ord. No. 799 or otherwise is then in. possession of such premises and who, after such display and demand , refuses or wilfully delays to open the same and admit an inspection thereof shall be guilty of a misdemeanor and subject to punishment upon con- viction thereof by a fine not exceeding fifty dollars ($50.00) or by imprisonment in the County Jail for not over five (5) days or by both such fine and imprisonment. Section 3123.2. The Health Officer shall furnish each of his deputies and inspectors with identification in such form as he shall prescribe. Section 3123.3. Whenever there exists in any place within the City of Huntington Beach a breeding place of flies, the Health Officer shall notify in writing the record owner or person having control or possession of such place or premises to abate such nuisance. Section 3123.4. The notice shall direct the owner or person in control or possession of the place or premises, within the time specified in said notice, to abate the nuisance and to perform any and all work necessary to pre- vent the recurrence thereof in the places or premises spec- ified in the notice. Section 3123. 5, 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 Ord.. No. 799 upon the agent of either. Section 3123.6. Notices may be served by any person authorized by the Health Officer for such purpose in the same manner as a summons in a civil action. Section 3123.7. Upon the neglect or refusal of the owner, or the person having control or possession of any place or premises to comply with the notice to abate , the Health Officer may abate such nuisance and the owner of such place or premises, or the person having control or possession thereof, shall be liable to the City of Hunting- ton Beach for the costs of such abatement which may be re- covered in a civil action. Section 3123.8. In the event the Health Officer elects to abate any such nuisance , he shall serve or cause to be served upon the record owner or the person in control or possession of the premises a "Notice of Intention to Abate" and if a hearing is not requested before the City Council as hereinafter provided within ten (10) days after service of said "Notice of Intention to Abate" , the Health Officer may proceed to abate any such nuisance as hereinabove pro- vided. Section 3123.9. The request for hearing shall be in writing and be filed with the City Clerk. Notice of the time and place the City Council will consider the matter 5• Ord. No. 799 shall be mailed by the City Clerk to the applicant and to the Health Officer. At the time fixed for the hearing, the City Council shall hear and consider all relevant testimony and evidence relating to the matter as offered by the applicant and by the Health Officer. Upon the conclusion of the hearing the City Council shall determine whether or not a condition contrary to the provisions of this article exists and whether or not the Health Officer may abate. Section 3123,10, Any owner or person having control of any place or premises upon which there is existing a breeding place for flies, who refuses or neglects to abate the same or to take corrective measures to prevent its recurrence in ac- cordance with the written notice from the Health Officer with- in the time specified in said notice, shall be guilty of a misdemeanor and subject to punishment upon conviction thereof by a fine not exceeding five hundred dollars ($500.00) or. one hundred (100) days imprisonment in the County Jail' or by both such fine and imprisonment. Section 3123.11. Provisions of this article in refer- ence to abatement are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. Section 3. If any .section' subsection, paragraph, sen- 6. Ord: No. 799 tence , clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, paragraph, sentence , clause or phrase thereof, irespective of the fact that one or more of the sections, subsections, paragraphs, sentences , clauses, or phrases there- of be declared unconstitutional or invalid. Section 4. This Ordinance , being an emergency measure for the immediate preservation of the public health and safety, which emergency is set forth and defined in the pre- amble hereto, shall take effect and be in force from and after the passage and adoption hereof. Section 5. That the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and cir- culated in the City of Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 7th day of Novbm'ber,1960. 117/"f AT TE5 May r City C1 .7. Ord. No. 799 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) I. PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of :the City of Huntington Beach is five; that the foregoing ordi- nance was read to said City Council at a regular meeting thereof held on the 17th day of October, 1960, and was again read to said City Council at a regular meeting thereof held on the 7th day of November, 1960, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Lambert, Stewart, Waite NOES: Councilmen: Gisler.- Wells ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 8.