Chapter 5.72
RODENT AND FLY CONTROL
Sections:
5.72.010 Declaration of findings.
5.72.020 Declaration of policy.
5.72.050 Prohibited nuisances.
5.72.060 Investigation—Order to abate.
5.72.070 Appeal to City Council.
5.72.080 Remedy—Abatement by city.
5.72.090 Assessment procedure—Record of cost.
5.72.100 Assessment procedure—Recordation and collection.
5.72.010 Declaration of findings.
The City Council does 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. (Ord. 30-08 § 2 (part): Ord. 30-87 § 1)
5.72.020 Declaration of policy.
It is 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. (Ord. 30-08 § 2 (part): Ord. 30-87 § 2)
5.72.030 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
“Abatement” means and includes demolition, removal, repair, maintenance, construction, reconstruction, replacement, and reconditioning of structures, appliances or equipment; removal, transportation, disposal and treatment of putrescible waste or other substances or 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.
“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.
“Poultry” means and includes chickens, turkeys, ducks, game birds, pigeons, pheasants or any other similar fowl.
“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. (Ord. 30-08 § 2 (part): Ord. 30-87 §§ 3—6)
5.72.040 Service.
A. For the purposes of this chapter, service of required notices, orders, decisions and other documents shall be made in the following manner:
1. By personal service; or
2. By first-class U.S. mail, postage prepaid, to the owner of the property at the address shown on the last equalized assessment roll, and to any known tenant at the address of the property. Service by mail shall be effective on the date of mailing.
Should no address for the owner of the property appear on the assessment roll, and should the city be unable to locate the owner to deliver the document by personal service, service may be made by posting a copy of the notice and order to abate prominently and conspicuously upon the property where the condition exists.
B. The failure of any person to receive such notice shall not affect the validity of any proceeding. (Ord. 30-08 § 2 (part))
5.72.050 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. Such conditions are 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. (Ord. 30-08 § 2 (part): Ord. 30-87 § 7. Formerly 5.72.040)
5.72.060 Investigation—Order to abate.
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 such condition to constitute a public nuisance and may issue a written order requiring abatement. The order shall set forth a time within which the condition shall be abated and shall contain a statement that the owner may appeal the order to abate the condition to the City Council by complying with the procedures set forth in Section 5.72.070. The order shall be served in accordance with Section 5.72.040. (Ord. 30-08 § 2 (part): Ord. 30-87 § 8. Formerly 5.72.050)
5.72.070 Appeal to City Council.
A. The owner and/or tenant may appeal the order to abate to the City Council. Any appeal to the City Council must be in writing, and must be made within fifteen (15) days from the date of service of the decision of the City Manager. The request for an appeal to the City Council shall be addressed to the City Manager and shall be deemed served only when received by the city. Failure to properly serve the request for appeal to the City Council within the fifteen (15) day period shall be deemed a waiver of the right to appeal the matter to the City Council and the order to abate shall become final.
B. As soon as practicable after receiving the appeal, the City Clerk shall set a date for the Council to hear the appeal which date shall be not less than seven (7) calendar days nor more than thirty (30) calendar days from the date the appeal was filed. The City Clerk shall give each appellant written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his/her address shown on the appeal. At the time set for the appeal hearing, the City Council shall either affirm, modify or reverse the decision of the City Manager. Continuances of the hearing may be granted by the Council on request of the owner for good cause shown, or on the Council’s own motion. The decision of the City Council shall be final. (Ord. 30-08 § 2 (part))
5.72.080 Remedy—Abatement by city.
A. If the condition is not abated as ordered within the abatement period the City Manager shall cause the same to be abated by city employees or private contract. Absent consent to enter the subject property for the purpose of abatement the City Manager shall direct the City Attorney to obtain the necessary judicial authority for entry and abatement purposes.
B. A person shall not obstruct, impede, or interfere with the City Manager, or his/her representative, or with any person who owns, or holds any interest or estate in any property in the performance of any necessary act preliminary to or incidental to carrying out an abatement order issued pursuant to this chapter. (Ord. 30-08 § 2 (part))
5.72.090 Assessment procedure—Record of cost.
The City Manager shall keep an account of the cost of performing the abatement, including reasonable administrative costs, and shall render an itemized report in writing to the City Council showing the cost of abatement. A copy of the report and notice shall be served upon the owners of the property and/or tenants in accordance with the provisions of Section 5.72.040 at least five (5) calendar days prior to submitting the same to the City Council. Proof of the posting and service shall be made by affidavit filed with the City Clerk. The Council may make such modifications to the report as it may deem necessary, after which such report shall be confirmed by resolution. (Ord. 30-08 § 2 (part): Ord. 30-87 § 9(a). Formerly 5.72.060)
5.72.100 Assessment procedure—Recordation and collection.
The procedures governing the recordation and collection of the city’s costs of abating nuisances shall be those provided in Section 1.04.061. (Ord. 30-08 § 2 (part): Ord. 30-87 § 9(c). Formerly 5.72.080)