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HomeMy WebLinkAboutCC Ord 784 1969-05-19 .' , I ~ ORIGINAL OF,..\CIAL COpy NOr TO BE TAKEN F;?/..\ THI: CoW CLERK'S OFt-Ie!: t-. ORDINANCE NUMBER '1f.i/" AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, FOR THE CONTROL OF FLIES, DECLARING THE URGENCY THEREOF, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY. THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, DOES ORDAIN AS FOLLOWS: Section 1. The term "breeding place of flies" as used in this ordinance 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 canfortable enjoyment of and use of life and property by others. Section 2. The City Council of the City of Seal Beach hereby declares that any breeding place of flies in the city of Seal Beach which exists by reason of any condition or use made of land, organic waste, animal material, or any other substance whatso- ever, or the deposit or the storage thereof, is a public nuisance. I Section 3. It shall be the duty of the Health Officer of Orange County, upon routine inspection, or whenever he is informed or has reasonable cause to believe that any land, building, or col- lection 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 inspection whether or not there is an existing breeding place of flies. I Section 4. 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 reason- able cause to believe that any violation of this ordinance exists upon any premises or in any place, shall have the right to enter thereon in the daytime. He shall display his identification upon request, and shall make demand for such entry from any person who may be present: however he shall have the right to go upon the premises whether or not any person is present. Every person who owns, occupies 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 inspect~on thereof shall be guilty of a misdemeanor and subject to punisHment upon conviction thereof by a fine not exceeding Fifty Dollars 1($50.00), or by imprisonment in the County Jail for not over five (5) days, or by both such fine and imprisonment.., : Section 5. The Health Officer shall furnish each of his deputies and inspectors with identification in such form as he shall prescribe. I I I . . Orpinance Number Section 6. Whenever there exists in any place within the territory of the City of Seal Beach a breeding place of flies, the County Health Officer may notify in writing the record owner or person having control or possession of such place or premise to abate such nuisance. The notice shall direct the owner or person in control or posses- sion 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 prevent the recurrence thereof in the places or premises specified in the notice. 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 by any person authorized by the Health Officer of Orange County for such purpose in the same manner as a summons in a civil action. Section 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 Seal Beach for the costs of such abatement which may be recovered in a civil action. 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 provided. The request for hearing shall be in writing and be filed with the city Clerk. Notice of the time and place the Council will consider the matter shall be mailed by the City Clerk to the applicant and to the County Health Officer. At the time fixed for the hearing, the Council shall hear and consider all relevant testimony and evidence relating to the matter as offered by the applicant and by the County Health Officer, Upon the conclusion of the hearing the city Council shall determine whether or not a condition con- trary to the provisions of this ordinance exists and whether or not the Health Officer may abate. Section 8. Any owner or person having control or possession of any place or premises upon which there is existing a breeding place for flies, who refuses or neglec~s either to abate the same or to take corrective measures to prevent its recurrence in accord- ance with the written notice from the County 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. I I I . Ordinan~e Number . Section 9. This is an urgency and necessary for the immediate preservation of the public safety, health, and welfare, and shall become effective immediately upon its passage. The facts constituting the emergency are that flies constitute a menace to health: steps to control and eliminate the breeding 0f flies can eliminate this danger to the public health. I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 19th day of May, 1969, ATTEST: ~(--~~ . cler ~~ ~ ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Jerdys Weir, City Clerk of the City of Seal Beach, hereby certify that the foregoing ordinance was passed, .approved, and adopted by the City Council of the City of Sea! Beach at a meeting thereof held on the 19th day of May, 1969, by the following vote: AYES: councilmenh-~ J}/I/~. '-t./~_. ~-'~ . . NOES: Councilmen ~4 ..._ ABSENT: Councilmen ~_#'/~ ~1:ftr? caJ~ 1 JERDYS WEIR, CITY CI.ERK OF THE CITY OF SEAL BEACH DO HERERY CEnTIFY THAT THE FO~EGO~9 ORDINANCE IS THO: 0"11r.1~1A1. ORl)lNAf 'CI: r .0..7- :r:. AND WAS POSTED PUR~UANT TO OI1Dlt'!M!CE E Ja DAY OF "'1rlIn, /~69' NO..,];l.2k..ON TH n:.L!..n'r .1.1''''7' n' ....~.-.!..~.&':'-~...... CITY CLERJ{