County Ord 527 Fly Breeding - Control and AbatementORDINANCE NO. 527
(AS AMENDED THROUGH 527.3)
AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO.
527 RELATING TO THE CONTROL OF FLIES AND FLY ABATEMENT COMMITTEE
AND INCORPORATING BY REFERENCE ORDINANCE NO. 725
The Board of Supervisors of the County of Riverside, State of California, do
ordain as follows:
Section 1. FLY BREEDING HAZARD DEFINED. "Fly Breeding Hazard" as
used in this ordinance shall mean the accumulation, existence or maintenance of any
substance, matter, material, or condition resulting in the breeding of flies in an amount
or manner such as to endanger public health or safety, or to create unreasonable
interference with the comfortable enjoyment and use of life and property by others.
Section 2. FLY ABATEMENT COMMITTEE DEFINED. "Fly Abatement
Committee" as used in this ordinance is a committee composed of five (5) members
appointed by the Board of Supervisors. The membership shall be composed of two (2)
poultrymen, one (1) member from an agricultural industry other than the poultry
industry, one (1) member chosen from that portion of the academic community which
has technical expertise in fly control procedures, and one (1) member chosen from the
public at large. The term of office for each member shall be for two (2) years and no
member may serve more than two (2) consecutive full terms. Vacancies shall be filled
for the unexpired term of the prior incumbent. A vacancy shall be deemed to exist
upon the resignation, death or loss of residency requirements of an incumbent. For
the purpose of appointment, a vacancy shall be deemed to exist upon the expiration of
a term. A quorum shall consist of a majority of the members not counting vacant
positions, and no action of the Committee shall be valid or binding unless a majority of
the members present concur therein. The Committee shall elect a chairman, a vice
chairman and a secretary from its membership.
Section 3. PUBLIC NUISANCE DEFINED. Any fly breeding hazard in the
unincorporated territory of Riverside County is hereby declared to constitute a public
nuisance.
Section 3.1 HEALTH OFFICER DEFINED. "Health Officer" as used in this
ordinance shall mean the Health Officer of the County of Riverside, or his designated
representative.
Section 4. INSPECTION BY HEALTH OFFICER. It shall be the duty of the
Health Officer, upon routine inspection, or whenever he is informed or has reasonable
cause to believe that any land, building, or collection of plant or animal waste or any
substance or existing condition on any lot, farm or other land or on any other premises
is a fly breeding hazard to enter upon such premises and to determine whether or not
there is an existing fly breeding hazard, and in making such entry shall take reasonable
precaution to minimize the spread of disease from any premises.
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Section 5. ABATEMENT PROCEEDINGS --NOTICES. Whenever there exists
in any place within the unincorporated territory of the County of Riverside a fly breeding
hazard, the Health Officer shall serve upon the record owner or person having control
or possession of such place or premises, or upon the agent of either, a written notice
to abate such nuisance and take corrective measures to prevent its continuance. The
notice to abate shall specify what is claimed to be causing the fly breeding hazard.
Abatement shall be commenced immediately and shall be completed within such
reasonable time as the Health Officer shall specify in the written notice.
If the fly breeding hazard has not been abated within the time specified in the
written notice, the Health Officer may extend the date for the completion of the
abatement, or he shall serve upon both the record owner and the person having
control or possession of the place or premises, or upon the agent of either, a written
notice to appear at a hearing before the Fly Abatement Committee. The written notice
to appear shall specify the place, time and date of hearing, said date of hearing to be
not less than 5 days after service of the notice to appear. Additionally, the written
notice to appear shall advise the record owner and the person having control or
possession of the place or premises that if the Fly Abatement Committee deter -mines
that a fly breeding hazard still exists at the time of the hearing, the Health Officer will
proceed to abate such nuisance, unless the condition is abated on or before a date to
be specified by the committee, and the at the owner of such place or premises and the
person having control or possession thereof, jointly and severally, shall be liable to the
County for the total cost of such work and such costs shall constitute a charge and lien
upon the place or premises.
All notices shall be serviced by personal delivery thereof, or by certified mail.
Section 6. ABATEMENT PROCEEDINGS --HEARING. At the time fixed for the
hearing by the Fly Abatement Committee, such Committee shall hear and consider all
relevant evidence offered by the owner of record or person having control or
possession of the place or premises upon which the fly breeding hazard allegedly
exists, by the Health Officer or his agents, and by any other interested person. Upon
the conclusion of the hearing, the committee shall make the following findings:
1. Whether or not a fly breeding hazard exists.
2. Specifically what is causing the hazard.
3. What should be done by the owner or operator to abate the
immediate hazard.
4. Whether the owner or operator is a repeated violator (i.e.,
has received 3 or more notices to abate within the previous 12 months
period.)
5. If it is determined that the owner or operator is a repeated
violator, what action should be taken to prevent recurrence of the hazard.
6. Whether the owner or operator should comply with any specific
regulations of the Health Officer. If the committee determines that
a fly breeding hazard exists, the Health Officer shall proceed to
abate it, without further notice, unless the condition is abated and
such work performed by the record owner or the person having
possession or control of the place or premises on or before a date
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to be specified by the committee. Additionally, if the committee
determines that action should be taken to prevent the recurrence of
a fly breeding hazard, the Health Officer shall cause such action to
be taken without further notice, unless such action is taken by the
record owner or person having control or possession of the place or
premises on or before a date to be specified by the committee.
Section 7. FLY CONTROL STANDARDS. The Fly Abatement Committee shall
utilize those fly control standards recommended by recognized sources and approved
by the Board of Supervisors as guidelines in the abatement proceedings described in
Section 6. Said standards shall be printed and made available to all concerned
persons by the Health Officer.
Section 8. HEARING FOR REPEATED VIOLATORS. If the Health Officer has
served upon the record owner or person having control or possession of the place or
premises upon which a fly breeding hazard exists, or upon the agent of either, 3 or
more written notices to abate a fly breeding hazard within the previous 12 months
period, he also may serve upon both the record owner and the person having control
or possession of the place or premises, at the time of service of the 3rd notice to
abate, a notice to appear at a hearing before the Fly Abatement Committee. The
written notice to appear shall specify the place, time and date of hearing, said date of
hearing to be not less than 5 days after service of the notice to appear. Additionally,
the written notice to appear shall advise the record owner and the person having
control or possession of such place or premises that the Fly Abatement Committee will
hear evidence and make findings as set forth in Section 6, and that the record owner
of such place or premises and the person having control or possession thereof, jointly
and severally, shall be liable for costs of abatement, including costs of performing work
to prevent the hazard's recurrence, as provided in Section 9 herein.
At the time fixed for hearing the committee shall hear and consider evidence and
make findings as required by Section 6 of this ordinance.
Section 9. COSTS SHALL BECOME A SPECIAL ASSESSMENT. All costs of
abatement, including the costs of performing work to prevent the fly breeding hazard's
recurrence, shall constitute a charge and special assessment upon such parcel of
land. If such costs are not paid within one month after written demand for payment is
given to the record owner, and to the person having control or possession of the place
or premises, the Health Officer shall report the amount and circumstances to the Board
of Supervisors which may then declare a special assessment of that amount against
that parcel as provided in Government Code Section 25845. Such special assessment
shall be collected at the same time and in the same manner as ordinary County taxes
are collected and shall be subject to the same penalties and the same procedures and
sale in case of delinquency as provided for ordinary County taxes. The County shall
retain the additional and independent right to recover said costs by way of civil action
against the owner or person in possession or control, jointly or severally.
Section 10. OTHER REMEDIES NOT EXCLUDED. The provisions of this ordinance
are to be construed as an added remedy of abatement of the nuisance hereby
declared and not in conflict with or derogation of any other actions or proceedings or
remedies otherwise provided by law.
The procedures, remedies and penalties for violation of this ordinance and for
recovery of costs related to enforcement are provided for in Ordinance No. 725, which is
incorporated herein by this reference.
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Adopted: 52710/26/1970 (Eff: 11/25/1970)
Amended: 527.1 Item 3.4 of 06/04/1985 (Eff: 07/04/1985)
527.2 Item 3.5 of 04/08/1986 (Eff: 05/08/1986)
527.3 Item 15.8 of 05/22/2007 (Eff: 06/21/2007)
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