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Home My WebLink AboutORD 3470ORDINANCE NO. 3470 ORDINANCE. OF THE COUNCIL OF THE. CITY-OF PALO AI/1'0 ADDING CHAPTER 9.78 TO TITLE 9 OF THE PALO ALTO MUNICIPAL CODE RELATING TO MOSQUITO ABATEMENT The Council of the City of Palo Alto does ordain as follows: section 1. The Municipal Code of the City of Palo Alto is hereby amended by adding Chapter 9.78 to Title 9 thereof to be numbered and to read as follows: GRCTIONS: 9 .. 78.010 9.78.020 9.78.()30 9.78.040 9.78.050 9.78.060 9.78.070 9.78~080 9.78.090 9.78.100 9.78.110 9.78o12Q 9.78.130 CHAPTER 9.78 -MOSQUITO ABATEKENT Declaration of findings, intent and policy Mosquito breading places Enforcement Notice to abate Contents of Notice Hearing i appearance~ order; p(·mal ties for failure to comply Recurrence of Nuisance Abatement by health officer Exemption from lien provisions Abatement by health officer--debt of owner Imposition of lien Abatement by owner Procedure not exclusive Exemption from lien provisions 9.78.010 Declaration of findings, intent and policy. The City Council 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 br·eeding places anC to provide legal means for recovering the cost of abatement. 9. 78.020 Mosquito breeding places. No person shall permit any accumulation of water upon any premises in which mosquitos breedc Any breeding place for mosquitos is a public nuisance and a hazard to public health. The presence of mosquito larvae or pupae in any accumu lation of water, whether upon the ground surface, pond, pool or con tainer of any description shall constitute E_rima facie evidence that such a place is a breeding place for mosquitos. 9.'.18 .. 030 inforceaent. lt shall be the duty of officer to enforce the provisions of this chapter; and in mance of this duty, the health officer is hereby authorized any reasonable hour any premis~s as may be necessary in the of this chapter. the health the perfor to enter at enforcement 9.78.040 Hotice to abate. Whenever a pub.li.c nuisance speci fied in this chapter exists upon any property, the health officer may notify in writin·g the owner and party in possession,. or the agent of either, of the existenc-e of the nuisance. The writ ten not. ice may be served by any person authorized by the health officer in the same man ner as a S'Jmmons in a civil action. The contents of the written notice shall conform to the requirements of Section 9.78.050. 9,.78 .. 050 Contents of notice.. The notice shall: (a) State the finding of a health officer that a public nui sance exists on the property and the location of such nuisance on pro perty. (b) Direct the owner and party in possession to abate the nuisance within & specified time by destroying the larvae or pupae that are present. (c) Direct the ownl~r and part.y in possession to perform, w.i thin a specified t j me, any work necessary to prevent recurrence of breeding in the places specified in the notice. (d) Inform the owner an~ party in possession that failure to comply ·.vi th the requirements of sui:.~J i v i.s ion ( ~) of this sect ion shall subject to the owner and party :.'.n ;_Jossession to civil penalties of not more than $500.00 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 comJ?lying with the requirements of the notice, the owner and party in possession may appear at a hearing before the health officers at a time and place stated in the notice. (f) Inform the owner and party in possession that failure to comply with the requirements of subdivision (b) of this section will result in the City abating the condition, and expense thereof charged to the owner and party in possession as a personal obligation and/or made a lien upon the property upon which said condition exists. 9.78.060 Bearing, appearance, orderJ penalties for failure to ccaply.. Before the expiration of the time set for compliance with the requirements of the notice, the owner and party in possession may appear at the hearing before the health officer at the 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, after permitting the owner and party in possess ion to present testimony on his behalf. If, after hearing all the facts, the health officer makes a determination that a nuisance exists on the propertyu 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 healtl1 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 officers which penalties shall not exceed $500.00 per day for each and every day during which the owner and the party in posses~ sion has failed to comply with sue~, order. -2- ' 9. 71J.,070 Recurrence of Jtuisance. Any recurrence of the nui sance within 30 days of the time specified for abatement of the nui sance may deemed to be a coni11uation of the original nuisance. 9.78.080 Abatewent by health officera In the event that the nuisance is not abated within the time specified in the notice or at the hearing, the health officer may abate to the nuisance at the ex pense of the person or persc?nS receiving the notice provided in Section 9. 78.040 by destroying the larvae or pupae and by taking appropriate measures to fn~e•.,ren t the reC 1.lrrence of further. breeding. 3. 78 .. 090 Abatement by health off:ice~--debt of owner"' Upon the abatement of such condition or any portion thereof by the health officer, all 12xpe:nses thereof shall constitute a civil debt owing to the City jointly and sever· ally by such of the persons who have been given notice in this chapter provided; excApting only such of said persons which the enforcement officer has concluded pursuant to proof at tl1e hearing are not persons properly charged with the responsibility of aha tt?-men t with in the meaning of this chapter. 'rhe debt shall be collectible in the .s.ame manner. as any other civil debt owing tc the city. 9~78.100 Laposition of lien. If the debt is not paid upon demand, and in the event the City Officer charged with the collection of th~ debt shall deter.imine n)t. to file civil st;,it to coll•·H;t the same, then the debt may be embodied in a report and an assessmen~ list which shall be filed with the City Clerk as provided in Section 8.08.060. Thereafter, proceadings shall be had as provided in Section 8.08.060 to 8 .. 08.090, inclusive for the placement and collection of liens on property. '. 18. 110 Abat:e.ent b:r owner. If and when an owner or other responsible person undertakes to abate any condition described in thi~ chapter whether by order of the health officer or otherwise, all need ful and legal conditions pertinent to said abatement may be imposed by the health officer, and it is unlawful for the owner to fail to comply with such cow:H tions. Nothing in this chapter shall relieve any owner or other respor • .:Jible person of the obligation of obtianing any r.~quired permit to do any work incidental to such abatement. 9. 78.120 Procedure not eJtcluaive. The procedure pro•~.'rided in this chapter shall be cumulative and, in addition, to any other proc edure or procedures provided in ordinances of the City or by state law for the abatement of. any of the conditions described in this chapter, and abatement under this chapter shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condi tion. 9 .. 78.130 be~~ption fros lien provis.ions.. The lien provi sicns of this ordinance do not apply ·to the property of any county, city, district, or othet" public corporat .ii.On. However r the governing body of any county, city f district or other public corporation shall -3- • • repay to the health officer the amount expended by the health officer upon any of the property of such public entity upon presentation by the health officer of a verified claim or bill. INTRODUCED: August 15, 1983 PASSED September 12, 1983 AYES: Bechte1, Cobb, NOES; NONE Eyer1y, Fazzino, Fietcher, Klein~ u~vy, Renzel, Witherspoon ABSTENTIONS: None AP1fl~--~ Mavot ··-._ I -4- ·I