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Home My WebLink About6.2 Fly Control Ordinance CITY OF DUBLIN 5-6v-5-0 _ AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 11, 1987 SUBJECT PUBLIC HEARING - Ordinance Related to Fly Control EXHIBITS ATTACHED Proposed Ordinance RECOMMENDATIO1 Open Public Hearing Receive Staff Report Receive Public Testimony Close Public Hearing Deliberate Waive Reading & Adopt Ordinance FINANCIAL STATEMENT: None DESCRIPTION As part of the comprehensive revision of the Municipal Code, the City Attorney' s Office has prepared an ordinance relating to fly control. This ordinance would make it unlawful for a person to create, allow or maintain a fly nuisance, allow waste to become a harborage or food source for rodents, or result in the unreasonable production of odors . This ordinance would also authorize the City Manager or other authorized agents to enter property to investigate conditions which may produce fly nuisance, rodent harborage or odor. The ordinance would also authorize the City Manager to abate the nuisance. This ordinance was introduced at the City Council meeting of April 27, 1987. r ---------------------------------------------------------------------------- COPIES TO: ITEM NO. 6oZ ORDINANCE NO. -87 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO FLY CONTROL The City Council of the City of Dublin does ordain as follows : Section 1 . DECLARATION OF FINDINGS. The City Council does hereby find and declare as follows: (a) That putrescible waste is a breeding and .attraction media for flies; a source of food and harborage for rodents; and a source of unreasonable odors when allowed to accumulate, or when disposed of improperly. (b) That putrescible waste resulting from the keeping of certain animals on premises located in the City has been found to greatly contribute to the production of flies and rodents, which cause unsightliness by their presence as well as resulting in the depreciation of property values and in the reduction of the comfortable enjoyment of life. ( c) That putrescible waste found in certain areas of the City where there is a denser concentration of population poses a more serious threat to the health, safety, and general welfare of the people of the City. (d) That it is necessary to accomplish the object and purposes of this Chapter that the City Manager and other authorized agents, including the Alameda County Health Officer, be clothed with sufficient authority to enable them to deal with the conditions affecting the public health and safety as such conditions change or arise and to meet emergency situations in a prompt and efficient manner and that they be vested with and exercise discretion in the execution of the provisions of this Chapter . Section 2 . DECLARATION OF POLICY. It is hereby declared to be in the public interest that the accumulation and disposal of putrescible waste in the City be handled in such a manner so as to prohibit or control the harboring and breeding of flies and rodents; so as to prevent unsightliness resulting in the depreciation of property values; and so as to promote the comfortable enjoyment of life. r Section 3 . PUTRESCIBLE WASTE. Putrescible waste means any matter, solid or liquid , which is capable of serving as a breeding media for flies; as a source of food for rodents; or the production of unreasonable odors, and shall include, but not be limited to, the terms waste, refuse, garbage, rubbish, industrial waste, and commercial garbage. Putrescible waste shall include animal and poultry manure. Section 4 . FLY NUISANCE . Fly nuisance means any place, condition, process or operation where by reason of' the conduct, misconduct, neglect, failure or refusal of anyone, there is created or continues to exist the production of flies or fly larvae or pupae. Section 5 . ABATEMENT. The term "abatement" shall include demolition, removal , repair, maintenance, construction, reconstruction, replacement, and reconditioning of structures, appliances or equipment; removal , transportation, disposal and treatment of putrescible waste or other substance of media capable of harboring, breeding, or attracting flies and rodents or producing unreasonable odors, and the application of chemical , biological , or mechanical means to control , eradicate and, eliminate sources, causes or conditions conducive to a fly nuisance, rodent infestation or unreasonable odor. Section 6 . POULTRY. The term "poultry" shall include chickens, turkeys, ducks, game birds, pigeons, pheasants or any other similar fowl . Section 7 . PROHIBITED NUISANCES . No person shall create, allow, or maintain a fly nuisance; nor knowingly allow waste to become a harborage, attractant or food source for rodents, or result in unreasonable production of odors resulting in the depreciation of adjacent property or comfortable enjoyment of life thereon. Said conditions are hereby declared to be a public nuisance. Upon knowledge of such fly nuisance, rodent infestation or unreasonable odor production, or after having received a written abatement order from the City Manager, Alameda County Health Officer or other authorized agents, said person shall at once proceed and continue in good faith with the abatement of such fly nuisance or control and elimination of rodents or source of unreasonable odor. Section 8 . INVESTIGATION; ORDER TO ABATE; ABATEMENT. The City Manager (or other authorized agents, including the Alameda County Health Officer) may upon reasonable cause to believe that fly or odor nuisance, or rodent infestation exists, investigate conditions productive of flies, fly larvae, pupae, rodents or odor . He shall have the power while in the performance of his duty to enter upon any premises to discover, or to inspect any thing or condition which is productive or susceptible to the production of flies, unreasonable odors or rodents. If he determines that a fly nuisance, production of unreasonable odor, or rodent infestation exists he may declare said condition to = constitute a public nuisance any may issue a written order requiring abatement. If the condition is not abated within the time set forth in the written order, the City Manager (or other authorized agents, including the Alameda. County Health Officer) may summarily abate the nuisance in accordance with California Government Code S 38773 and the expense of abatement shall be a personal obligation of the property owner and may be made a lien against the property on which it is- maintained in accordance with the provisions of Section 9 . Section 9 . LIEN PROCEDURE . (a) Record of Cost. The City Manager shall keep an account of the cost of performing the abatement, including reasonable administrative costs, on each separate lot or parcel of land , and the name of the owner thereof. Such costs shall become, when confirmed, a special assessment against the property. (b) Council Appeal . Between the 1st and 15th day of July of each year, the City Manager shall cause to be published a notice to the effect that any owner upon whose property the City Manager has performed any work hereunder during the preceding fiscal year may appeal therefrom to the Council. Said notice shall be published once in accordance with Government Code § 6061 . Any appeal shall state the grounds for appealing . At the next regular meeting of the Council after the 1st day of August, it shall hold a hearing to confirm the costs and any appeals, and its determination thereupon shall be final. ( c) Lien. After confirmation of the costs by the City Council a certified copy of the confirmed report shall be filed with the County Auditor who shall enter each assessment on the tax roll against the respective premises. Said assessment shall be collected at the same time in the same manner as ordinary municipal ad valorem taxes and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem property taxes shall be applicable to such assessments. The lien created attaches upon recordation of a certified copy of the confirmed report in the office of the County Recorder and shall continue until the charges and fees are fully paid. Section 10 . EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30 ) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3 ) public places in the City .of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of , 1987 , by the following vote: AYES: NOES : ABSENT: Mayor ATTEST: City Clerk c