As used in this chapter:
"Breeding place for flies"
means any place, condition, process or operation where there is created or continues to exist the production of flies or fly larvae or pupae in such manner and in such quantity as to endanger public health or safety or to create unreasonable interference with the comfortable enjoyment of life or property by others.
"Garbage"
means and includes butcher offal, market refuse, any dead animal or bird, decayed waste or discarded food, animal and vegetable refuse from any food-handling place or residence, or any putrid or offensive animal or vegetable matter. The term "garbage" does not include manure.
(Ord. 6 § 3, 1983)
It is unlawful for any person to create or maintain a breeding place for flies, or for any person to permit a breeding place for flies to exist on property over which he has control or the right of control. Any such person is referred to in this chapter as a "violator."
(Ord. 6 § 3, 1983)
It is unlawful for any person to store or keep garbage in such a manner that flies or vermin breed therein. Such storage is not an ordinary or reasonable process of agriculture.
(Ord. 6 § 3, 1983)
Every person who places, deposits or dumps garbage on the surface of the ground on any premises, public or private, or in any standing water or watercourse, or in any open pit or excavation, or in any place mentioned in Section 4475 of the Health and Safety Code, or in any place whatsoever where such garbage is exposed to flies, except a dumping site approved and so designated by the health officer, or who knowingly permits or allows the carcass of any dead animal or bird to remain exposed to flies for more than 24 hours upon any premises owned or controlled by him or her, shall be guilty of a misdemeanor.
(Ord. 6 § 3, 1983)
It is unlawful for any person or persons to feed garbage not originating on the premises to hogs unless such feeding is upon feeding floors of concrete, so constructed as to permit controlled drainage in a manner not to create a nuisance. All such feeding floors and surrounding areas shall be maintained in a sanitary condition.
(Ord. 6 § 3, 1983)
Whenever the health officer determines that there exists a breeding place for flies, he or she shall issue a written order requiring that the breeding place for flies be abated within a specified period of time and shall forthwith serve the order upon any or all violators. The period specified for abatement shall not be less than five days from the date of the order. However, each violator shall have an additional period of time within which to comply with the order equal to the time elapsing between the date of the order and the date of service of the order.
(Ord. 6 § 3, 1983)
Before abating any such breeding place for flies, the health officer shall serve upon the record owner or the person in control or possession of the property a "notice of intention to abate." Any person receiving such a notice may within three days, exclusive of Saturdays, Sundays and holidays, from the service of the notice, request a hearing before the board of supervisors as provided in Section 8.08.080 of this chapter. If a hearing is not so requested, the health officer shall proceed to abate the breeding place for flies as provided in Section 8.08.090 of this chapter.
(Ord. 6 § 3, 1983)
A request for a hearing shall be in writing and shall contain the applicant's name, mailing address and a general description of the order appealed from. The request shall be given or mailed to the clerk of the board of supervisors. Notice of the time, date and place of the hearing shall be mailed by the clerk of the board of supervisors to the applicant and to the health officer. At the time fixed for the hearing, the board shall hear and consider all relevant testimony and evidence relating to the matter as offered by the applicant and by the health officer. Upon the conclusion of the hearing, the board of supervisors shall determine whether or not a breeding place for flies exists and whether or not the health officer shall abate.
(Ord. 6 § 3, 1983)
Upon the neglect or refusal of any violator to comply with the order to abate within the time allowed, the health officer shall abate the breeding place for flies in the manner prescribed in this chapter. Each violator shall be jointly and severally liable to the county for the costs of such abatement. Such costs shall be a lien upon the property on which the breeding place for flies is abated when notice of the lien is recorded in the office of the county recorder.
(Ord. 6 § 3, 1983)