Chapter 8.45 PUTRESCIBLE WASTE

It is hereby declared to be in the public interest that the accumulation and disposal of putrescible waste in the city of Fremont be handled in such a manner so as to prohibit or control the harboring and breeding of flies and rodents; so as to prohibit or control the production of unreasonable odors; so as to prevent unsightliness resulting in the depreciation of property values and so as to promote the comfortable enjoyment of life. (Ord. 689 § 7. 1990 Code § 4-3101.)

8.45.030 Declaration of purpose and objectives.

The purpose and objectives of this chapter are to accomplish the foregoing results, and the provisions thereof shall be liberally construed so as to give full effect to the fulfillment of such purposes and objectives. (Ord. 689 § 7. 1990 Code § 4-3102.)

8.45.040 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Abatement” means 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, rodent or odor 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.

“Odor 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 unreasonable odor.

“Person” means any person, firm, association, organization, partnership, business trust, joint venture, corporation or company, and includes the United States, the state of California, the county of Alameda, the city of Fremont, cities, districts, other governmental agencies and entities and any officer or agency thereof.

“Poultry” means 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 “landscape debris,” “municipal solid waste,” and “organics,” as defined in the garbage and waste disposal ordinance of the city (Section 8.40.040). “Putrescible waste” includes animal and poultry manure.

“Rodent 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 or attraction of rodents. (Ord. 689 § 7. 1990 Code § 4-3103.)

Article II. Regulation of Waste

8.45.050 Waste container required – Exceptions.

Every person possessing or occupying any dwelling unit where waste, refuse, garbage or rubbish (including industrial waste or commercial garbage) is produced or accumulated shall provide and maintain on the premises suitable containers of sufficient capacity, and shall store therein waste accumulated during intervals between collection or disposal. Any person owning or maintaining any other premises, excepting an approved disposal site, where waste, refuse, garbage, industrial waste, commercial garbage or rubbish is produced or accumulated shall provide and maintain on the premises suitable containers of sufficient capacity, and shall store therein waste accumulated during the intervals between collection or disposal. (Ord. 689 § 7. 1990 Code § 4-3200.)

8.45.060 Garbage removal required.

Except as otherwise provided in Section 8.45.120, all garbage or commercial garbage created, produced or accumulated in or about all dwelling units, and every industrial, commercial or business structure or premises shall be removed from such premises at least weekly and disposed of at an approved disposal site. (Ord. 689 § 7. 1990 Code § 4-3201.)

8.45.070 Maintaining a nuisance prohibited.

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 the unreasonable production of odors resulting in the depreciation of adjacent property or comfortable enjoyment of life thereon. Upon knowledge of such fly nuisance, rodent infestation or unreasonable odor production, or after having received a written abatement order from the health officer, 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. 689 § 7. 1990 Code § 4-3202.)

8.45.080 Investigation and order to abate.

The health officer may, upon reasonable cause to believe that a fly, or odor, or rodent nuisance exists, investigate conditions productive of flies, fly larvae, pupae, rodents or odor. Subject to the provisions of Section 8.45.190, the health officer shall have the power while in the performance of his/her 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. A copy of the inspection report shall be given to the owner, occupant, or operator. If he/she determines that a fly, or odor, or rodent nuisance exists he/she may issue a written order requiring abatement. (Ord. 689 § 7; amended during 2012 reformat. 1990 Code § 4-3203.)

Article III. Regulation of the Keeping of Certain Animals

8.45.090 Animals regulated.

Any person desiring to keep or maintain, or keeping and maintaining: (a) any commercial fur-bearing animals, any poultry, rabbit, goat, cow, sheep, horse, mule, pony or similar livestock on any premises, in all zoning districts, except those districts designated “A” (agricultural) or “A-F” (agricultural flood plain) as described in Title 18 (zoning ordinance); or (b) more than 75 poultry and rabbits, or either thereof, in any zoning district designated “A” (agricultural) or “A-F” (agricultural flood plain) shall comply with the regulations set forth in this article. (Ord. 689 § 7. 1990 Code § 4-3300.)

8.45.100 Construction and maintenance.

Places, areas, or structures where putrescible waste is allowed to accumulate shall be provided with such design and construction so as to allow adequate cleaning and drainage, and shall be provided with adequate access for removal of such waste. (Ord. 689 § 7. 1990 Code § 4-3301.)

8.45.110 Storage of putrescible waste.

When putrescible waste is stored on the premises prior to removal or disposal, such storage facilities shall consist of rain-proof, fly-tight, rodent-proof and easily cleaned structures; or such other structures as may be recommended by the health officer. (Ord. 689 § 7. 1990 Code § 4-3302.)

8.45.120 Removal and disposal of putrescible waste.

No person shall permit or allow putrescible waste resulting from the keeping or maintaining of animals to produce flies, fly larvae or pupae, or to serve as food for rodents, or to produce unreasonable odors. Each person shall: (a) follow such procedure as to the handling and disposal of such waste as is recommended in writing to any such person by the health officer; or (b) remove such waste from the premises and dispose of it at an approved disposal site at least once weekly, except where circumstances and conditions occurring on other than the premises of any such person make such removal impractical or impossible; provided, however, that if the health officer finds a fly, or rodent or odor nuisance therein, he/she may order the person to apply or use any other procedure provided for in this section. (Ord. 689 § 7; amended during 2012 reformat. 1990 Code § 4-3303.)

Article IV. Abatement

8.45.130 Notice of hearing of abatement.

The health officer may at any time serve notice upon any person to whom a written abatement order has been issued requiring such person to appear before him/her to show cause why abatement shall not be immediately commenced by the health officer. The notice shall be a written statement which shall set forth the acts or omissions with which the person is charged, specifying the specific sections of this chapter, which that person is alleged to have violated, and the time and place fixed for the hearing. Such notice shall be served personally; by first-class mail, postage prepaid; or posted in a prominent place on such property. Such notice shall be properly addressed to the person in possession of such property or the owner thereof at his/her last known address as the same appears on the last equalized assessment roll of the county, or to the name and address of the person owning or in possession of such property as shown in the records of the health officer. Such notice shall be served not less than three days exclusive of Saturdays, Sundays and holidays prior to the time set for the hearing. The provisions of this section are remedies in addition to any existing remedy authorized by law and are not to be construed as conflicting with or in derogation thereof. (Ord. 689 § 7; amended during 2012 reformat. 1990 Code § 4-3400.)

8.45.140 Hearing on abatement.

At the time and place set forth in said notice, the health officer shall afford the person failing to abate a fly, or rodent or odor nuisance an opportunity for a hearing, including cross-examination by the person, his/her counsel, or other interested person. At the conclusion of the hearing, the health officer shall forthwith make a finding of fact or facts and shall render his/her decision ordering abatement, dismissing the complaint, or making any other order consistent with the objectives and purposes of this chapter.

Failure of such person to appear at the hearing after proper notice may be deemed an admission by him/her of the acts or omissions charged in the order and notice and the health officer may order abatement without further evidence than that which served as the basis for the order and notice. (Ord. 689 § 7; amended during 2012 reformat. 1990 Code § 4-3401.)

8.45.150 Appeals from abatement hearings.

Any party aggrieved by any decision of the health officer as a result of such hearing may appeal any decision within three days, exclusive of Saturdays, Sundays and holidays, to the city council in writing and request a public hearing thereon. Failure to file an appeal within the time prescribed will terminate the right of appeal. Upon filing of such notice of appeal and pending the hearing and final determination by the city council, any order of abatement shall be held in abeyance. (Ord. 689 § 7. 1990 Code § 4-3402.)

8.45.160 Cost of abatement by health officer – Lien.

In the event the abatement of a fly, or rodent or odor nuisance is conducted on any premises by the health officer or under his/her direction after the hearing specified in Section 8.45.140, or by default of a person failing to comply with an order to abate, the cost of abatement of such fly or rodent nuisance or unreasonable odor shall be a lien upon such premises. The abatement and notice of cost of abatement and lien proceedings shall be as set forth in Sections 8.40.480 to 8.40.520 (the garbage and waste disposal ordinance of the city). (Ord. 689 § 7; amended during 2012 reformat. 1990 Code § 4-3403.)

Article V. Enforcement

8.45.170 Administration.

The health officer shall enforce and administer all provisions of this chapter and for such purpose he/she shall have the powers of a peace officer. (Ord. 689 § 7; amended during 2012 reformat. 1990 Code § 4-3500.)

8.45.180 Inspections.

The health officer, the fire chief, and the chief building inspector are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter. (Ord. 689 § 7. 1990 Code § 4-3501.)

8.45.190 Right of entry.

(a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the health officer or his/her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the health officer or his/her authorized representative may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the health officer by this chapter; provided, that (1) if such building or premises be occupied, he/she shall first present proper credentials and demand entry and (2) if such building or premises be unoccupied, he/she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the health officer or his/her authorized representative shall have recourse to every remedy provided by law to secure entry.

(b) “Authorized representative” includes the officers named in Section 8.45.180 and their authorized inspection personnel.

(c) No owner or occupant or any other person having charge, care or control of any building or premises shall fail or refuse, after proper demand made as herein provided, to promptly permit entry therein by the health officer or his/her authorized representative for the purpose of inspection and examination pursuant to this chapter. (Ord. 689 § 7; amended during 2012 reformat. 1990 Code § 4-3502.)

8.45.200 Civil action.

The violation of any of the provisions of this chapter shall also be deemed a nuisance, and civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney. (Ord. 689 § 7. 1990 Code § 4-3503.)