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Ord 1591 - ADDING ARTICLE III TO CHAPTER 22 OF THE TOWN CODE RELATING TO MOSQUITO ABATEMENTORDINANCE NO:' 1591 ORDINANCE ADDING ARTICLE III TO CHAPTER 22 OF THE TOWN CODE RELATING TO MOSQUITO ABATEMENT The Town. Council of Los Gatos hereby ORDAINS: SECT ION'l. Article III is added to Chapter 22 of the Town Code as follows: " Article III Mosquito Abateme Seca 22 -7 Declaration of findings, intent and policy The Town 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.. Sec. 22 -8 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 accumula- tion 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. 22 -9 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 premises as may be necessary in the enforcement of this ordinance. Sec. 22 --10 Notice 'to abate Whenever a public nuisance specified in this ordinance 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 22 -11. Sec. 22 -11 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 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 for the abate- ment 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 a hearing before the Health Officer at a time and place stated in the notice. Sec. 22 =12 Hearing; 'appearance; order; penalties for failure to comply 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 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 in -2 "his behalf. If, after hearing all the facts, the Health Officer makes a determina- tion that a nuisance exists on the property, the Health Officer shall order compli- ance 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 by the discretion of the Health Officer which shall not exceed five hundred dollars ($500) per day for each day in which such order is not complied. Sec. 22 -13 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. Sec. 22 -14 Abatemerit by Health Officer In the event that the nuisance is not abated within the time specified.in the notice or at the hearing, the Health Officer may abate the nuisance by destroying the larvae or pupae end by taking appropriate measures to prevent the recurrence of further breeding. Sec. 22 -15 Payment of cost'by owner The cost of abatement of a nuisance shall be repaid to the County 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 Officer 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 Officer. Sec. 2 2 -16 Lien on property All sums expended by the Health. Officer in abating a nuisance or preventing its recurrence, when notice of the lien is filed and recorded as provided in Section -3- "22 -17, shall become a lien upon the property on which the nuisance is abated, or its recorrence prevented. Sec. 22 -17 Recordation of 'notice of lien;: priority 'of Tien 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 the Health Officer in the office of the County Recorder within one year after the first item of expenditure by the Health Officer or within 90 days after the completion of the work, whichever first occurs. Upon such recordation, such lien shall have the sane force, effect and priority as if it had been a judgment lien imposed upon real property which was not exempt from execu- tion, except that it shall attach only to the property described in such notice, and shall continue for ten years from the time of the recording of such notice unless sooner released or otherwise discharged. Sec. 22 -18 Action to f oreclosure; time for commencement An action to foreclose the lien shall be commenced within six months after the filing and recording of the notice of lien. Sec. 22 -19 Satisfaction of lien from proceeds of sale; disposition of'balarice When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure shall be paid to the County 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. 22 -20 Exemption from lien provisions The lien provisions of this ordinance do not apply to the property of any county, city, district, or other public corporation. However, the governing body of the county, city, district, or other public corporation shall repay to the County Health Department the amount expended by the Health Officer upon any of its property upon presentation by the Health Officer of a verified claim or bill." -4- SECTION 2 . This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be pub - lished once in a newspaper of .general circulation published and circulated in the Town. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los.Gatos on Au gust 15, 1983 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on September 6, 1983 AYES: COUNCII14EMBERS Terrence J. Daily, Thomas J. Ferrito, and MarLyn J. Rasmussen A. NOES: COUNCILMWERS None .ABSTAIN: COUNCILMEMBERS Brent N. Ventura ABSENT: COUNCIIIAMERS Joanne Beniamin SIGNED: ATTEST: Clerk Glerk of the own of atos -5-