Any breeding place of flies within the City that exists by reason
of any condition or use made of land, organic plant waste, animal
material, or any other substance whatsoever, or the deposit or storage
thereof, is declared to be a public nuisance.
(Prior code § 5110; 573A § 1, 1962; 573 § 1, 1962; 2803 § 1,
2011)
For the purposes of routine inspection or whenever the Health Officer is informed or has reasonable cause to believe that there is a breeding place of flies as set forth in Section
6.12.010 on any premises within the City, it shall be his or her duty to, and he or she or his or her authorized deputies or inspectors may, enter upon such premises in the daytime after displaying proper identification and after demanding entry thereon, and determine whether there is an existing breeding place of flies thereon. Any record owner or any person occupying or otherwise in control or possession of such premises who, after such display and demand, refuses or willfully delays to permit such officer or officers to enter or inspect such premises is guilty of a misdemeanor.
(Prior code § 5111; 573A § 1, 1962; 573 § 1, 1962; 2803 § 1,
2011)
A. The nuisance set forth in Section
6.12.010 may be abated in any action or proceeding, or by any remedy, provided by law.
B. Any
remedy provided in this chapter for the abatement of a nuisance is
in addition to any other remedy provided by law.
(Prior code § 5112; 573A § 1, 1962; 573 § 1, 1962; 2803 § 1,
2011)
Whenever the nuisance specified in Section
6.12.010 exists upon any premises within the City, the Health Officer shall notify, in writing, the record owner or person occupying or otherwise in control or possession of such premises of the existence of the nuisance. The notice shall direct the person or persons to whom the notice is directed to, within a specified time, abate the nuisance and perform all work necessary to prevent the recurrence of such nuisance on the premises specified in the notice. The notice shall be served upon the owner or the person occupying or otherwise in control or possession of the premises upon which the nuisance exists, or upon the agent of either. Such notice may be served by any person authorized by the Health Officer in the same manner as a summons in a civil action.
(Prior code § 5113; 573A § 1, 1962; 573 § 1, 1962; 2803 § 1,
2011)
A. If any record owner or any person occupying or otherwise in control or possession of any premises upon which there exists a breeding place of flies does not abate such nuisance within five days after the service of the notice as prescribed in Section
6.12.040, the City Council shall order such nuisance abated.
B. The
cost of abating the nuisance shall be ascertained and the City Clerk
shall demand in writing from the owner, lessee, or occupant of such
property, that the same be paid. Such demand shall be made by depositing
the same in the post office, postage paid, addressed to the owner
liable for such work.
(Prior code § 5114; 573A § 1(a), 1962; 573 § 1(a), 1962; 2803 §
1, 2011)
A. If the
cost of abating the nuisance is not paid before the 25th day of July,
or the latest business day preceding this date, a report shall be
presented to the City Council, and if the City Council finds the same
accurate, it shall become a lien upon such real property and must
be collected in the same manner and at the same time as municipal
taxes are collected.
B. Before
the report is submitted to the City Council, a copy of it shall be
posted for at least three days on or near the Chamber door of the
City Council Chamber with a notice of the time when the report will
be submitted to the City Council for confirmation.
(Prior code § 5115; 573A § 1(b), 1962; 573 § 1(b), 1962; 2803 §
1, 2011)