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HomeMy WebLinkAboutOrdinance #1619 ORDINANCE NO. 1619 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 312, AND ADDING NEW ARTICLE 312, ENTITLED, "FLY CONTROL AND ABATE- MENT" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Article 312 of the Huntington Beach Ordinance Code is hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Article 312, entitled, "Fly Control and Abatement" to read as follows : 3120 . DEFINITIONS . The following words and phrases , when- ever used in this chapter, shall be construed as defined herein unless from the context a different meaning is intended and more particularly directed to the use of such words and phrases : (a) FLY-BREEDING HAZARD shall mean the accumulation, existence or maintenance of any substance, matter, material, or condition resulting in the breeding of flies in an amount or manner as may endanger public health or safety, or which may create unreasonable interference with the comfortable enjoyment of life and use of property by others . (b) FLY ABATEMENT BOARD shall mean the administrative board composed of five (5) members appointed by the Board of Supervisors of Orange County, pursuant to Orange County Ordinance Section 42 . 012 which is hereby designated as the Fly Abatement Board pursuant to this article. (c) COMMERCIAL DAIRY FARM shall mean any place or premises on which milk is produced for sale, or other distribution, and where more than two (2) cows or six (6) goats are in location. (d) COMMERCIAL POULTRY RANCH shall mean any place or premises where poultry are maintained, raised or fed for the primary purpose of producing eggs or meat for sale, or other distribution. 1 . (e) HORSE STABLE shall mean any location where three (3) or more horses are maintained for any purpose . 3121. PUBLIC NUISANCE . Any fly-breeding hazard in the City of Huntington Beach is hereby declared to constitute a public nuisance. 3122 . INSPECTION BY HEALTH OFFICER. It shall be the duty of the Health Officer of Orange County, who is hereby designated to enforce this article, 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 sub- stance or existing condition on any lot, farm, or other land, or on any other premises as a fly-breeding hazard, to enter, after demand, upon such premises and to determine whether or not there is an existing fly-breeding hazard . The County Health Officer shall furnish each of his deputies and inspectors with identifi- cation in such form as he shall prescribe . 3122 . 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 daytime . Every person who owns , occupies or otherwise is then in possession of such premises and who, after such display and demand, refuses or willfully delays to open the same and admit an inspection thereof shall be guilty of a misdemeanor and subject to punishment upon conviction 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 . 3123. ABATEMENT PROCEEDINGS . NOTICE . Whenever there exists in any place within the City of Huntington Beach, a fly- breeding hazard, the County Health Officer shall notify in writing, by personal service, the record owner, his agent, or person having control or possession of such place or premises , to abate such nuisance and take corrective measures to prevent its recurrence, and to appear at a public hearing to be held by the Fly Abatement Board on a date set forth in said notice . A copy of such notice shall also be posted in a conspicuous place upon such place or premises . Such hearing shall be set by the County Health Officer at least ten (10) days after the date of such notice . The notice shall specify what is claimed to be causing the hazard and what must be done to abate it , and shall direct the owner , or person in control or possession of the place or premises, to abate the nuisance, and to perform any and all work necessary to prevent the recurrence thereof in the places or premises specified in the notice, prior to the time set for the public 2 . hearing by the Fly Abatement Board, and shall advise such owner or person that in lieu of such abatement, if the Fly Abatement Board determines that a fly-breeding hazard still exists at the time of such public hearing, the County Health Officer will proceed to abate such nuisance, without further notice, unless such nuisance is abated before a date specified by the Board, and the owner of such place or premises , and the person having control or possession thereof, jointly and severally shall be liable to the county for the total cost of such work, including all administrative costs , and such costs shall constitute a charge and lien upon such place or premises . - 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 upon the agent of either. Notices may be served in the same manner as a summons in a civil action by any person authorized by the Health Officer of Orange County for such purposes . 3124 . ABATEMENT PROCEEDINGS . HEARING. At the time fixed for hearing by the Fly Abatement Board, such Board shall hear and consider all relevant testimony and evidence offered by the owner of record, or person having control or possession of the place or premises upon which the fly-breeding hazard is stated in such notice to exist by the County Health Officer or his agent, and by any other interested person. Upon the conclusion of the hearing, the Board shall make the following findings : (a) Whether a fly-breeding hazard exists ; (b) What is causing the hazard specifically; (c) What should be done by the owner or operator to abate the hazard; (d) What work, if any, should be done by the owner or operator to prevent its recurrence; (e) Whether the owner or operator shall comply with any specific regulations of the Health Officer; and (f) Whether the Health Officer shall abate and specifically what he may do at his option, including but not limited to directing the owner or person having control of the premises to abate said nuisance, provided that anything not in- cluded in the Board 's order shall not be done by the Health Officer. If the Board determines that such fly-breeding hazard exists , it shall direct the County Health Officer to abate it , without further notice, unless the condition is abated and such work performed by the owner or operator on or before a date to be 3 . specified b the Board . p y 3125 . FLY-CONTROL STANDARDS . The Fly Abatement Board, upon recommendation of the Health Officer, is authorized to adopt fly-control standards for operation and design of com- mercial dairy farms, commercial poultry ranches and horse stables to serve as guidelines in the abatement proceedings described in Section 3124 . All such standards shall be printed and made available to all dairymen, poultrymen and horse-stable owners or operators . 3126. COSTS . All costs shall constitute a charge and special assessment upon such parcel of land incurred by the city and/or county. If such costs are not paid within a period specifically set by the city and/or county, they shall then be declared a special assessment against that parcel as provided in Government Code Sections 25845 and 38773 . 5 • Such special assess- ment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary county taxes . The city shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally. 3127 . OTHER REMEDIES NOT EXCLUDED. The provisions of this article are to be construed as an added remedy to abate the nuisance hereby declared, and not in conflict with or derogation of any other actions or proceedings or remedies otherwise pro- vided by law. 3128 . ADMINISTRATION AND ENFORCEMENT. Without limiting the power of city so to do, the County of Orange and all its officers , employees . and agents are hereby authorized and empowered to en- force and administer the provisions of this article within the City of Huntington Beach. 3128 . 1. PENALTY. 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 same or to take corrective measures to prevent its recurrence, in accordance with the written notice from the Health Officer within 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 . 3129 . SEVERABILITY. If any section subsection sentence clause or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity 4 . of the remaining portions of the article . The City Council of the City of Huntington Beach hereby declares that it would have passed this article and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections , sentences , clauses or phrases may be declared invalid or unconstitutional . SECTION 3 . All provisions and sections in conflict with this ordinance are hereby repealed; provided, however, that any such repeal shall not affect or prevent the prosecution and punishment of any person, firm or corporation for any act done or committed prior to the effective date hereof in violation of the provisions which are repealed hereby . SECTION 4 . The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations, and not as new enactments . SECTION 5 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Hunt- ington Beach at a regular meeting thereof held on the 21 day of December, 1970 . aft4a& CL�4 Mayor ATTEST: City C k APPROVED AS TO FORM: City Attor 5 • Ord. No. 1619 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) 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 the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 7th day of December , 1970 and was again read to said City Council at a regular meeting thereof held on the2lst day of December , 1970_, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: McCracken, Bartlett, Gibbs , Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None _ City Clerk and -officio Clerk 1, PAUL C. JONES, CITY CLERK of the City of of the City Council of the City of Huntington Beach, California Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that this ordinance has b n, •pu_blished in the Huntington Beach News on = 11.-.01-------------- 19 77 In accordance with the City Charter of said City. l ._ _� ► - �Q..a -.-- ----- City Clerk Deputy City Clerk