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HomeMy WebLinkAbout38.111 ORDINANCE NO. 38.111 AN ORDINANCE OF THE CITY OF SARATOGA ADDING ARTICLE VII (COMMENCING WITH SECTION 8-96) TO CHAPTER 8 OF THE SARATOGA CITY CODE, RELATING TO MOSQUITO ABATEMENT The City Council of the City of Saratoga does ordain as follows: Section 1: Article VII (commencing with Section 8-96) is added to Chapter 8 (Health and Sanitation) of the Saratoga City Code, to read as follows: "ARTICLE VII. MOSQUITO ABATEMENT Sec.' '8-961. Declaration of findings, intent and policy. The City Council expressly finds and declares that mosquito breeding places constitute a hazard to public health. It is the intent of this Article to establish procedures for abating mosquito breeding places and provide legal means for recovering the cost of abatement. Sec. 8-97. "Health Officer" and "Health Department" defined. As used in this Article, the term "Health Officer" means the Health Officer of the County of Santa Clara or any other person duly authorized to act in his behalf, and the term "Health Department" means the Health Department of the County of Santa Clara. Sec. 8-98. Mosquito breeding places. No person shall permit anv 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. Sec. 8-99. Enforcement. It shall be the duty of the Health Officer to enforce the provisions of this Article; 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 enforce- ment of this Article. Sec. 8-100. Notice to abate. Whenever a public nuisance specified in this Article exists upon any property, 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 shall conform to the requirements of Section 8-101. Sec. 8-101. Contents of notice. The notice to abate 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 failure 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) per day for each day the nuisance continues after the time specified in the notice for the abatement of the nuisance. (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. -2- Sec. 8-102. Hearing; appearance; order; penalties for failure to comply. Before complying with the requirements of the notice to abate the owner and party in possession 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 on their 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. Any failure to comply with any order of the Health Officer issued pursuant to this section shall subject the owner and party in possession to civil penalties as determined in the discretion of the Health Officer, which shall not exceed five hundred dollars ($500) per day for each day in which the owner and party in possession fail to comply with such order, subject to right of appeal to the City Council of the City of Saratoga. Sec. 8-103. Recurrence of nuisance. Any recurrence of the nuisance within 30 days of the time specified for abatement in the notice or at the hearing may be deemed to be a continuation of the original nuisance. Sec. 8-104. Abatement by Health Department. In the event the nuisance is not abated within the time specified in the notice or at the hearing, the Health Department may abate the nuisance by destroying the larvae or pupae and by taking appropriate measures to prevent the recurrence of further breeding. Sec. 8-105. 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, 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. 8-106. Lien on property. All sums expended by the Health Department in abating a nuisance or preventing its recurrence, when notice of the lien is filed and recorded as provided in Section 8-107, shall become a lien upon the property on which the nuisance is abated, or its recurrence prevented. Sec. 8-107. Recordation of notice of lien; priority of lien. Notice of the lien, particularly identifying the prop- erty 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 Health Department in the office of the County Recorder within one year after the first item of expenditure by the Health Department of within 90 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 the notice of lien and shall continue for 10 years from the time of the recording of such notice unless sooner released or otherwise discharged. Sec. 8-108. Action to foreclosure; time for commencement. An action to foreclose the lien shall be commenced within six (6) months after the filing and recording of the notice of lien. Sec. 8-109. Satisfaction of lien from proceeds of sale; disposition of balance. When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure shall be paid to the 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. Sec. 8-110. Exemption from lien provisions. The lien provisions of this Article do not apply to the property of the~City of Saratoga, any district or other public corporation. However, the governing body of the city, district or other public corporation shall repay to the Health Department the amount expended by the Health Department upon any of its property upon presentation by the Health Department of a verified claim or bill." -4- Section 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. Section 3: This Ordinance shall become effective thirty (30) days from and after the date of its passage and adoption. The foregoing Ordinance was regularly introduced and after waiting the time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga on the 17th day of August , 1983, by the following vote: AYES: Councilmembers Callon, Clevenger, Fanelli~MallOryandMayorMoyles NOES: None ABSENT:None / ATTEST: me above aM foregoing )s a true and correct copy of Ordinance ~' ~ ! ....-which has been ~f~, d'f, ~c~ published accord~g to law. 'D~puty City Clerk ' ' D~e