Ordinance 1235Y
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ORDINANCE N0. 1235
AN ORDINANCE OF THE CITY OF CUPERTINO ADDING CHAPTER 9.16,
t~iOSQUITO ABATEMENT, TO T11E CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OP TH$ CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 9.16 is added to the Cupertino Municipal Code to read:
Chapter 9.16. MOSQUITO ABATEMENT
Sections:
9.16.010 Declaration of findings, intent and policy.
9.16.020 Mosquito breeding places.
9.16.030 Enforcement.
9.16.040 Notice to abate.
9.16.050 Contents of notice
9.16.060 Hearing; appearance, order; penalties for failure to comply
9.16.070 Recurrence of nuisance.
9.16.080 Abatement by Health Department.
9.16.090 Payment of cost by owner.
9.16.100 Lien on property.
9.16.110 Recordation of notice of lien; priority of-lien.
9.16.120 Action to foreclosure; time for commencement.
9.16.130 Satisfaction of lien from proceeds of sale; d'iaposition
of balance.
9.16.140 Exemptions from lien provisions.
9.16.150 "Health Officer" defined.
9.16.010. 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 ordinance to establish procedures
for abating mosquito breeding places and provide legal means for recovering the
cost of abatement.
9.16.020. Mosquito breeding places. No person shall permit any 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 misquitoea.
9.16.030. Enforcement. It shall be the duty of the Health Officer to enforce
the provisions of this ordinance; and in the performance of this duty, the Health
Officer is hereby authorized to enter at any reasonable hour any premise ns may
be necessary in the enforcement of this ordinace.
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Ordinance No. 1235
9.16.040. Notice to abate. Whenever a public uuisancc specified in
this ordinance exists upon any property the Ilealth 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 Ilealth 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 9.16.050.
9.16.050. 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 perform, within n
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 posaesaion to civil penalties of not more than five hundred
dollars ($500) per day for each day the nuisance continues after 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
n hearing before the Health Officer at a time and place stated in the notice.
9.16.060.•' Hearing; appearance; order; -venaltiea for Eailute to com lp_„]_..
Before complying with•the requirements of the notice the owner and party in
posaesaion may appear at a hearing before the Health Officer at a time and
place fixed by the Health Officer and stated in the notice. AC the hearing
the Health Officer shall determine whether the initial findings as set forth
in the notice is correct and shall permit the owner and the 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.
Any failure to comply with any order of the Health Officer issued pursuant to this
section shall subject the owner and party in posaesaion to civil penalties as determine
by the descretion of the Health Officer which sahll not exceed five hundred dollars
($500) per day for each day in which such ordec is not complied.
9.16.070. Recurrence of nuisance. Any recurrence of the nuisance within 30 days
of the time specified for abatement of the nuisance may be deemed to be a continuation
of the original nuisance.
9.16.080. Abatement by Health Department. In the event that the nuisance is
not aoa e w n e t me spec ie n t e 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.
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Ordinance No. 1235
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' 9.16.090. Payment of cost by owner. The cost of abatement of a nuisance
shall be repaid to tt~e Health Department by the owner of the property. The
owner shall not, however, be required to pay such coat 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 Chat a nuisance actually exists, or existed prior
to abatement by the Health Deportment.
9.16.100. 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 9.16.110, shall become a lien upon the property
on which the nuisance is abated, or its recurrence prevented.
9.16.110. Recordation of notice of lien; priority of lien. 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
kiealth Department in the office of the County Recorder within one year after the
first item of expenditure by the Health Department or within 90 days after the
completion of the work, whichever firs[ occurs. Upon such recordation, such lien
shall have the same force, effect and priority as if it had been a judgment lied
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 10 years
from the time of the recording of such notice unless sooner released or otherwise
discharged.
9.16.120. Action to foreclosure• time for commencement. An action to foreclose
the lien s a e commence w t n s x months after the filing. and recording of the
notice of lien.
9.16.130. Satification of lien from proceeds of sale; disposition of balance.
When 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.
9.16.140. Exemption from lien provisions. The lien provisions of this ordinance
do not apply to the property of any county, city, district, or other public corporatic~;
kiowever, the governing body of the county, 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.
9.16.150. "Health Officer" defined. As used in this ordinance. the term "Health
Officer" means the Health Officer of the County of Santa Clara or authorized represent.
Live.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
this 15rh day of puauat 1983, and ENACTED at a regular meeting of the
City Council of the City of Cupertino this 6th day of September 1983.
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• O~nance No. 1235
Vote Members of the City Council
AYES: Catto. Johnson, Rogers, Sparks, Catto
NOES: None
ABSENT: Norte
ABSTAIN: None
ATTEST: APPROVED:
C~~ `
City Clerk r, C y of Cuper
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