The city council of the city of Sunnyvale 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 breeding places and provide legal means for recovering
the cost of abatement.
(Ord. 2074-83 § 1)
No person shall permit any accumulation of water upon any premises
in which mosquitoes breed. Any breeding place for mosquitoes is a
public nuisance and a hazard to public health. The presence of mosquito
larvae or pupae in any accumulation of water, whether upon the ground
surface, pond, pool or container of any description shall constitute
prima facie evidence that such a place is a breeding place for mosquitoes.
(Ord. 2074-83 § 1)
It shall be the duty of the health officer of the county of
Santa Clara to enforce the provisions of this chapter; and in the
performance of this duty, the health officer is hereby authorized
to enter at any reasonable hour any premises as may be necessary in
the enforcement of this chapter.
(Ord. 2074-83 § 1)
Whenever a public nuisance specified in this chapter exists upon any property the county health officer may notify in writing the owner and party in possession, or the agent of either, of the existence of the nuisance. The written notice may be served by any person authorized by the county health officer in the same manner as a summons in a civil action. The contents of the written notice shall conform to the requirements of Section 8.24.050.
(Ord. 2074-83 § 1)
The notice shall:
(a)
State
the finding of the county health officer that a public nuisance exists
on the property and the location of such nuisance on such property;
(b)
Direct
the owner and party in possession to abate the nuisance within a specified
time by destroying the larvae or pupae that are present;
(c)
Direct
the owner and party in possession to perform, within a specified time,
any work necessary to prevent the recurrence of breeding in the places
specified in the notice;
(d)
Inform
the owner and party in possession that failure to comply with the
requirements of subdivision (2) of this section shall subject the
owner and party in possession to civil penalties of not more than
five hundred dollars 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 complying with the requirements
of the notice, the owner and party in possession may appear at a hearing
before the county health officer at a time and place stated in the
notice.
(Ord. 2074-83 § 1)
Before complying with the requirements of the notice the owner
and party in possession may appear at a hearing before the county
health officer at a time and place fixed by the county health officer
and stated in the notice. At the hearing the county health officer
shall determine whether the initial finding as set forth in the notice
is correct and shall permit the owner and party in possession to present
testimony in his behalf. If, after hearing all the facts, the county
health officer makes a determination that a nuisance exists on the
property, the county health officer shall order compliance with the
requirements of the notice or with alternate instructions issued by
the county health officer.
Any failure to comply with any order of the county health officer
issued pursuant to this section shall subject the owner and party
in possession to civil penalties as determined by the discretion of
the county health officer which shall not exceed five hundred dollars
per day for each day in which such order is not complied with.
(Ord. 2074-83 § 1)
Any recurrence of the nuisance within thirty days of the time
specified for abatement of the nuisance may be deemed to be a continuation
of the original nuisance.
(Ord. 2074-83 § 1)
In the event that the nuisance is not abated within the time
specified in the notice or at the hearing, the County of Santa Clara
Health Department may abate the nuisance by destroying the larvae
or pupae and by taking appropriate measures to prevent the recurrence
of further breeding.
(Ord. 2074-83 § 1)
The cost of abatement of a nuisance shall be repaid to the county
health department by the owner of the property. The owner shall not,
however, be required to pay such cost unless, either prior or subsequent
to the abatement by the county health department, a hearing is held
by the county health officer at which the property owner is afforded
an opportunity to be heard and it is determined by the county health
officer that a nuisance actually exists, or existed prior to abatement
by the county health department.
(Ord. 2074-83 § 1)
All sums expended by the county health department in abating a nuisance or preventing its recurrence, when notice of the lien is filed and recorded as provided in Section 8.24.110, shall become a lien upon the property on which the nuisance is abated, or its recurrence prevented.
(Ord. 2074-83 § 1)
Notice of the lien, particularly identifying the property on
which the nuisance was abated and the amount of such lien, and naming
the owner of record of such property, shall be recorded by the county
health department in the office of the county recorder within one
year after the first item of expenditure by the county health department
or within ninety days after the completion of the work, whichever
first occurs. Upon such recordation, such lien shall have the same
force, effect and priority as if it had been a judgment lien imposed
upon real property which was not exempt from execution, except that
it shall attach only to the property described in such notice, and
shall continue for ten years from the time of the recording of such
notice unless sooner released or otherwise discharged.
(Ord. 2074-83 § 1)
An action to foreclose the lien shall be commenced within six
months after the filing and recording of the notice of lien.
(Ord. 2074-83 § 1)
When the property is sold, enough of the proceeds to satisfy
the lien and the costs of foreclosure shall be paid to the county
health department; and the surplus, if any, shall be paid to the owner
of the property if known, and if not known, shall be paid into the
court in which the lien was foreclosed for the use of the owner when
ascertained.
(Ord. 2074-83 § 1)
The lien provisions of this chapter do not apply to the property
of any county, city, district or other public corporation. However,
the governing body of the county, city, district or other public corporation
shall repay to the county health department the amount expended by
the county health department upon any of its property upon presentation
by the county health department of a verified claim or bill.
(Ord. 2074-83 § 1)
As used in this chapter, the term "health officer" means the
health officer of the county of Santa Clara or his/her authorized
representative.
(Ord. 2074-83 § 1)
