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HomeMy WebLinkAbout289%MO r% ORDINANCE NO. 289 AN ORDINANCE OF THE CITY OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 6 OF THE LOS ALTOS HILLS MUNI- CIPAL CODE ENTITLED "SANITATION AND HEALTH" BY ADDING THERETO CHAPTER 5 ENTITLED "MOSQUITO ABATEMENT" The City Council of the city of the Town of Los Altos Hills DOES ORDAIN as follows: SECTION 1. AMENDMENT OF CODE. Title 6 of the Los Altos Hills Municipal Code hereby is amended by adding thereto Chapter 5 entitled "Mosquito Abatement" to read as follows: -1- �W 140 CHAPTER S. MOSQUITO ABATEMENT. Sec. 6-5.01. Findings. The City Council of the City of the Town of Los Altos Hills expressly finds and declares that mosquito breeding places consti- tute 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. Sec. 6-5.02. Definitions. For the purpose of this Chapter (a) "City" means the City of the Town of Los Altos Hills. (b) "Health Department" is defined as the Health Department of the County of Santa Clara which performs certain public health functions within the City. (c) "Health Officer" is defined as the Health Officer of the County of Santa Clara or his/her authorized representative. Sec. 6-5.03. Mosquito Breeding Places. No person shall permit any accumulation of water upon any premises within the City and 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 evi- dence that such a place is a breeding place for mosquitoes. Sec. 6-5.04. Enforcement. It shall be the duty of the Health Officer 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 -2- hour any premises as may be necessary in the enforcement of this Chapter. Sec. 6-5.05. Notice to Abate. Whenever a public nuisance specified in this Chapter exists upon any property within the City, the 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 Health Officer in the same manner as a summons in a civil action. The contents of the written notice shallconfirm to the requirements of Section 6-5.06. Sec. 6-5.06. Contents of Notice. The notice shall: (a) State the finding of the 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 per- form 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 fail- ure to comply with the requirements of subdivision (b) of this Section shall subject the owner and party in possession to civil penalties of not more than Five Hundred Dollars ($500.00) per day for each day the nuisance continues after -3- %0 40 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 Health Officer at a time and place stated in the notice. Sec. 6-5.07. Hearing; Appearance; Order. Before complying with the requirements of the Notice the owner and/or party in possession of the property may appear at a hearing before the Health Officer at a time and place fixed by the Health Officer and stated in the Notice. At the hearing the 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 Health Officer makes a determination that a nuisance exists on the property, the Health Officer shall order compliance with the requirements of the Notice or with alternate instructions issued by the Health Officer. Sec. 6-5.08. Appeal; Notice; Hearing. (a) Any person aggrieved by any decision of the Health Officer pursuant to this Chapter may appeal to the City Council by filing a written notice of appeal with the City -Clerk of the City within three (3) days after the Health Officer has made his order upon completion of the hearing referred to in Sec. 6-5.07. The City Clerk shall fix the time and place of hearing before the City -4- %W rI Council at its next scheduled meeting, and shall give notice thereof in writing to such person by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to such person at his last known place of address set forth in the Notice to Abate given pursuant to Sec. 6-5.05. (b) The City Council shall hear all evidence presented and shall determine all questions raised on such appeal at the time of the hearing. At the conclusion of the hearing, the City Council may uphold, or modify or overrule the order of the Health Officer. Sec. 6-5.09. Penalties For Failure to Comply. Any failure to comply with any order of the Health Officer issued pursuant to Section 6-5.07, or by the City Councilissued pursuant to Section 6-5.08, shall subject the owner and party in possession to civil penalties as determined by the discretion of the City Council which shall not exceed Five Hundred Dollars (Pu 500.00) per day for each day in which such order is not complied with. Sec. 6-5.10. Recurrence of Nuisance. Any recurrence of the nuisance within thirty (30) days of the time specified for abatement of the nuisance may be deemed to be a continuation of the original nuisance. Sec. 6-5.11. Abatement by Health Department. Tn the event that the nuisance is not abated within the time specified in the Notice or at the hearing, or in any order made by the City Council following an appeal hearing, the Health Department may abate the nuisance by destroying the larvae or pupae and by 4E W yr taking appropriate measure to prevent the recurrence of further breeding. Sec. 6-5.12. Authority for Emergency Abatement. In the event the Health Officer should find that any public nuisance, above described, within or upon or in front of any lot or parcel of land, is so serious and aggravated, and presents such an immediate menance or danger to the public health, safety and welfare that is essential that such nuisance be immediately abated without mailing notices as above provided, and without first giving the owners of said lot or parcel further time to abate the same, then the Health Officer may immediately abate said nuisance in the manner provided in Section 6-5.11, without first mailing any notices, and without giving the owner or owners or party in possession of the lot or parcel of land further time to abate said nuisance. However, the Health Officer shall first prepare and file in his office a written report describing the location, nature and extent of the public nuisance and setting forth the reasons why said official had to abate it immediately as aforesaid, and he shall cause a copy of such report to be mailed, within ten (10) days from and after completion of such abatement, to the owner or owners of the lot or parcel within or upon or in front of said nuisance existed, as said owners are shown on the last equalized assessment roll of the County of Santa Clara, at their addresses as shown on said assessment roll. Sec. 6-5.13. Payment of Cost by Owner. The cost of abatement of a nuisance shall be repaid to the Health Department by the owner of the property. The owner shall not, -6- however, be required to pay such cost unless, either Prior or subsequent to the abatement by the Health Department, a hearing is held by the Health Officer at which the property owner is afforded an opportunity to be heard and it is determined by the Health Officer that a nuisance actually exists, or existed prior to abatement by the Health Department. Sec. 6-5.14. Account and Report of Cost. The Health Officer shall keep an account of the cost of abating the nuisance and shall submit an itemized statement thereof to the City Council at its next subsequent meeting thereafter. Sec. 6-5.15. Notice of F_earino. The City Council shall set the time and place of hearing on the statement of costs. The City Clerk shall give notice of such hearing and shall serve a copy of the statement at least seven (7) days prior to the hearing, either personally or by certified mail, to the owner of the premises addressed to the owner at his last known place of address as shown in the Notice to Abate given pur- suant to Section 6-5.05. If the owner of any premises is unknown, the notice and statement shall be posted on the bulletin board at Town Hall, 26379 Fremont Road, Los Altos Hills, California, for at least seven days prior to the hearing. Sec. 6-5.16. Hearing and Confirmation; Collection on Tax roll. (a) At the hearing, the City Council chall receive and consider the statement of costs and the objections thereto, if any, and may raise, lower or modify the amount alleged to be due herein. The determination of the City Council thereon shall be final and conclu- -7_ SECTION 2. PENALTIES. (a) Any person, firm or corporation violating any of the pro- visions of this Ordinance is guilty of an infraction. Any person convicted of an infraction under the provisions of this Ordinance shall be punishable for a first conviction by a fine of not more than Fifty Dollars, for a second conviction within a period of one year by a fine of not more than One Hundred Dollars, and for a third conviction within a period of one year by a fine of not more than Two Hundred Fifty Dollars. (b) Any person, firm or corporation convicted of a fourth or any subsequent violation of this Ordinance within any twelve (12) month period shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be punishable by a fine not to exceed $500.00 or by imprisonment in the County Jail for not to exceed six (6) months, or both fine and imprisonment. (c) Each separate day or any portion thereof during which any violation of this Ordinance occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. SECTION 3. POSTING; EFFECTIVE DATE. This Ordinance shall be posted within the City of the Town of Los Altos Hills in three (3) public places and shall become effective thirty (30) days following its adoption. -10- The within Ordinance was introduced at a regular meeting of the City Councilof the City of the Town of Los Altos Hills this 18th day of July , 1984, and was PASSED AND ENACTED at a regular meeting of the City Council of the City of the Town of Los Altos Hills this 1st day of August 1984, by the following roll call vote: AYES: Councilmembers: Allison, Fuluamn, Rydell and van Tamelen NOES: Councilmembers: None ABSENT: Councilmembers: Dronkert BY fYOR A `Fu` ' � CITY CLERR -11-