HomeMy WebLinkAboutNS-457ORDINANCE NO. NS-~7 ADDING CHAPTER 5, PART 1 TO
ARTICLE V OF THE SAN'fA ANA MUNICIPAL CODE PdELATING
TO THE FLY CO~¥fROL AND PROTECTION OF PUBLIC HEALTH
W~ER~AS, the County of Orange and several cities located in
said County have agreed upon the necessity for controlling the in-
creased numbers of flies, and have agreed upon regulatory measures;
NOW, THEREFORE, THE CI%~ COUNCIL OF THE CITY OF SAi~TA ANA
DOES ORDAIN AS FOLLOWS:
Section 1. '£hat Chapter 5, entitled "Pest Control", Part 1,
"Fly Control" is hereby added to Article V of the Santa Ana Municipal
Code to read as follows:
CHAP~E~ 5 - PEST CONTRO~
Part 1 - Fly Control
SECTION 5500. The term "breeding place of flies" as used
in this Ordinance shall mean any place found to breed flies in
an amount or manner such as to endanger public health or safety
or to create unreasonable interference with the comfortable en-
joyment of and use of life and property by others.
SECTIO~ 5501. ~The City Council of the City of Santa Ana
hereby declares that any breeding place of flies in the City of
Santa Aha which exists by reason of any condition or use made
of land, organic waste, animal material, or of any other sub-
stance whatsoever, or the deposit or the storage thereof, is
a public nuisance.
SECTION 5502. It shall be the duty of the Health Officer
of Orange County, upon routine inspection, or whenever he is
informed or has reasonable cause to believe that any land,
building, or collection of plant or animal waste or any sub-
stance or existing condition on any lot, farm or other land or
on any other premises is a breeding place of flies,to enter,
after demand, upon such premises and to determine by inspection
whether or not there is an existing breeding place of flies.
SECTIO~ 5.5Q3. Except as to residences and living quarters,
the Health Officer or his authorized deputies or inspectors, for
the purpose of routine inspection or whenever he shall have
reasonable cause to believe that any violation of this Ordinance
exists upon any premises or in any place, after displaying
identification, may demand entry thereon in the day time. Every
person who owns, occupies or otherwise is then in possession of
such premises and who, after such display and demand, refuses
or willfully delays to open the same and admit an inspection
thereof shall be guilty of a misdemeanor.
SECTIO.N 5504.~... The Health Officer shall furnish each of his
deputies and inspectors with identification in such form as he
shall prescribe.
SECTIO~ 5.$.05. Whenever there exists in any place within
the territory of the City of Santa Aha a breeding place of flies,
the County Health Officer may notify in writing the record owner
or person having control or possession of such place or premises
to abate such nuisance.
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The notice shall direct the owner or person in control or
possession of the place or premises,~ithin the time specified
in said notice, to abate the nuisance and to perform any and
all work necessary to prevent the recurrence thereof in the
places or premises specified in the notice.
The notice shall be served upon the owner of record or
person having control or possession of the place or premises
upon which the nuisance exists, or upon the agent of either.
Notices may be served by any person authorized by the Health
Officer of Orange County for such purpose in the same manner as
a summons in a civil action.
SECTION 5506. Upon the neglect or refusal of the owner, or
the person having control or possession of any place or premises
to comply with the notice to abate, the Health Officer may abate
such nuisance and the owner of such place or premises, or the
person having control or possession thereof, shall be liable to
the City of Santa Ana for the costs of~ such abatement which may
be recovered in a civil action.
In the event the Health Officer elects to abate any such
nuisance, he shall serve or cause to be served upon the record
owner or the person in control or possession of the premises a
"Notice of Intention to Abate", and if a hearing is not requested
before the City Council as hereinafter provided within ten (10)
days after service of said "Notice of Intention to Abate", the
Health Officer may proceed to abate any such nuisance as herein-
above provided.
The request for hearing shall be in writing and be filed with
the Clerk of the Council. Notice of the time and place the
Council will consider the matter shall be mailed by the Clerk of
the Council to the applicant and to the County Health Officer.
At the time fixed for the hearing, the Council shall hear and
consider all relevant testimony and evidence relating to the
matter as offered by the applicant and by the County Health
Officer. Upon the conclusion of the hearing, the City Council
shall determine whether or not a condition contrary to the pro-
visions of this Ordinance exists and whether or not the Health
Officer may abate.
S$CTION 5507. Any owner or person having control or posses-
sion of any place or premises upon which there is existing a
breeding place for flies, who refuses or neglects to abate the
same or to take corrective measures to prevent its recurrence
in accordance with the written notice from the County Health
Officer within the time specified in said notice, shall be
guilty of a misdemeanor.
SECTION 5508. Provisions of this Ordinance in reference to
abatement are to be construed as an added remedy of abatement
of the nuisance hereby declared and not in conflict or derogation
of any other actions or proceedings or remedies otherwise pro-
vided by law.
Section 2. This Ordinance is to take effect 30 days from and
after the date of its adoption.
PASSED AND ADOPTED by the City Council of the City of Santa
An~& ~t its re~lar meeting held on the 18th day of Jul~ , 1960.
~SS!~TA~N~ ~LERK OF: THE COUNCIL -2-
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SA~ITA ANA )
I, VAN LOIS FINAMORE, do hereby certify that I am the
Assistant Clerk of the Council of the City of Santa Ana, California;
that the Clerk of the Council was absent from the regular meeting
herein referred to; that the foregoing Ordinance was regularly intro-
duced at its regular meeting held on the 5+~day of July , 1960,
and was again considered by said Council at its regular meeting held
on the 18th day of July , 1960, and was at said meeting regularly
passed and adopted by said Council by the following vote, to-wit:
COUNC II~VLEN:
C OUNC I Ii, fEN:
C OUNC I LI~LEN:
AYES,
NOES,
ABSENT,
Royal E. Hubb~axl, 8tanley C. Gould, Jr.,
Dale H. ~einly, A. A.
ASSlST~T CLERK OF THE COUNCIL
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