This Chapter 6.44 enables certain authorized city representatives and the Greater Los Angeles County Vector Control District to abate or require abatement of feral bees and other vector infestations from public and private property and structures when necessary for the public health and safety.
(Ord. 943 § 1, 2000)
For purposes of this Chapter 6.44, the following words and phrases are defined and shall be construed to have the following meaning:
means an officer, director, employee, or agent of the city
of Pico Rivera or an officer, director, employee, or agent of a licensed
private pest control company which the city has previously entered
into a contractual agreement with for the control and abatement of
vectors.
means a colony of bees.
means the Greater Los Angeles County Vector Control District.
means any wild honey bee, including, but not limited to,
the Africanized honey bee, also known as the "killer bee."
means a colony or an established swarm of bees forming a
colony.
means any condition which endangers public health, safety
and/or welfare.
means a number of bees, including a queen and leaving a hive
to start a new colony.
means any insect that poses a nuisance or danger to the public
health and safety, and that potentially may transmit a disease-producing
organism from one host to another, including, but not limited to,
the following: Africanized and European honey bees, mosquitos, midges
(chironomids), and black flies (simulids).
(Ord. 943 § 1, 2000)
All buildings, structures, premises or any parts thereof within the city that are found or reported to be infested with feral bees and other vectors are hereby declared to be public nuisances and shall be abated by either (A) the property owner; or (B) the district or authorized city representatives, as set forth in Section 6.44.050, at the expense of the property owner. The district and/or city are authorized to determine whether to abate the nuisance in the manner provided in this Chapter 6.44. In emergency situations involving the public health and safety, the district and/or city are authorized to determine how and whether to abate the nuisance immediately.
(Ord. 943 § 1, 2000)
A.
All
premises shall be cleaned, and effective pesticides applied, as often
as necessary to prevent the infestation of feral bees or other vectors
that may be a danger to the public health and safety. The district
and/or city may prescribe the type of pesticides, their manner and
frequency of application, and the manner and frequency of cleaning
for such purposes.
B.
It shall
be unlawful for any property owner or tenant to maintain or permit
an established beehive, nest or swarm to exist. This includes a commercially
managed European bee hive that has become Africanized.
C.
The
prohibitions regarding maintenance of beehives, nest or swarms shall
not restrict the activities of a professional beekeeper if otherwise
not prohibited under the county's zoning code. For purposes of this
subsection, the term "professional beekeeper" means a person who holds
a current registration as a beekeeper with the county of Los Angeles
department of agriculture commissioner.
(Ord. 943 § 1, 2000)
A.
The
district is authorized (pursuant to Section 2270(f), California State
Health and Safety Code) to enter upon any property in the city without
hindrance or notice, for any of the following purposes:
1.
To
inspect to ascertain the presence of vectors or their breeding places;
2.
To
abate public nuisances either directly or by giving notice to the
property owner to abate a nuisance;
3.
To
ascertain if a notice to abate vectors has been complied with;
4.
To
treat property with appropriate physical, chemical, or biological
control measures.
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The district is authorized to abate and remove feral bees and
other vectors on private property except in the event vectors are
located within or attached to a private structure. Abatement of feral
bees and other vectors within or attached to a private structure shall
be referred to authorized city representatives.
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B.
Upon
a written declaration by the district of a public nuisance within
or attached to a private structure, a copy of which shall be provided
to the property owner, authorized city representatives may enter upon
said private property in the city without hindrance or notice, for
any of the following purposes:
1.
To
inspect to ascertain the presence of vectors or their breeding places;
2.
To
abate public nuisances located within or attached to a private structure
that pose an immediate threat to the public safety and health, either
directly or by giving notice to the property owner to abate a nuisance;
3.
To
ascertain if a notice to abate vectors has been complied with;
4.
To
treat property with appropriate physical, chemical or biological control
measures.
(Ord. 943 § 1, 2000)
Provisions for repayment by property owner of all or part of
abatement costs to the district, and collection thereof, are set forth
in California Health and Safety Code Sections 2283, 2283.5, 2284,
2285, 2285.5, 2286, 2287, 2288, 2289 and 2290.
This and subsequent sections of this chapter pertain solely to the repayment by property owner of all or part of the abatement costs to the city, and collection thereof, incurred pursuant to enforcement of Section 6.44.050(B) above.
All or part of the cost of abating a nuisance pursuant to Section 6.44.050(B) shall be repaid to the city by the owner of the property. However, the owner shall not be required to pay the cost unless, either prior or subsequent to the abatement by the city, a hearing is held by the city, the property owner is afforded an opportunity to be heard, and it is determined that a nuisance actually exists, or existed prior to abatement. The city may use a civil penalty assessment in lieu of charging for actual costs to abate the nuisance, or may include reasonable costs for abatement as a part of a civil penalty assessment.
(Ord. 943 § 1, 2000)
Upon the failure of the property owner or person in possession to pay the abatement costs to the city for all sums expended in abating a nuisance or preventing its recurrence and all civil penalties, the costs shall become a lien upon the property on which the nuisance is abated, or its recurrence prevented, when notice of the lien is filed and recorded as provided in Section 6.44.080. However, if the property has been conveyed prior to the recordation of the lien, the lien shall not attach to the real property, but shall remain the debt of the person who owned the land at the time the costs were incurred, and the debt may be recovered in a civil action by the city against the debtor.
(Ord. 943 § 1, 2000)
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 city
in the office of the Los Angeles county recorder within one year after
the first item of expenditure by the city 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. 943 § 1, 2000)
The city may at any time release all or any portion of the property subject to a lien imposed pursuant to Sections 6.44.070 and 6.44.080 from the lien or subordinate such a lien to other liens and encumbrances if it determines that the amount owed is sufficiently secured by a lien on other property or that the release or subordination of such lien will not jeopardize the collection of such amount owed. A certificate by the city to the effect that any property has been released from such lien or that such lien has been subordinated to other liens and encumbrances shall be conclusive evidence that the property has been released or that the lien has been subordinated as provided in such certificate.
(Ord. 943 § 1, 2000)
An action to foreclose the lien shall be commenced by the city
within six months after the filing and recording of the notice of
lien.
(Ord. 943 § 1, 2000)
The action shall be brought by the city in the name of the city.
(Ord. 943 § 1, 2000)
When the property is sold, enough of the proceeds to satisfy
the lien and the costs of foreclosure shall be paid to the city, 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. 943 § 1, 2000)
