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Ordinance No. 73ORDINANCE NO. 73 AN ORDINANCE OF THE CITY OF CYPRESS RELATING TO FLY CONTROL AND PROTECTION OF PUBLIC HEALTH. THE CITY COUNCIL OF TITS CITY OF CYPRESS DOES ORDAIN AS FOLLOWS Section 1 The term ''breeding place of flies" as used in this Ord- inance shall mean any place found to breed flies in an amount or manner such as to endanger public health or safety or to create unreasonable interference with the comfortable enjoy- ment of and use of life and property by others. The term 'Health Officer" shall mean the City Health Officer, or if there is no such person, the Health Officer of Orange County when acting for the City by agreement Section 2 The City Council of the City of Cypress hereby declares that any breeding place of flies in the City which exists by reason of any condition or use made of land, organic plant, waste, animal material, or of any other substance whatsoever, or the deposit or the storage thereof, is a public nuisance. Section 3 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 breed- ing place of flies, to enter, after demand, upon such premises and to determine by inspection whether or not there is an existing breeding place of flies Ordinance No. 73 1 Section 4 Except as to residences and living quarters, the Health Officer or his authorized deputies or inspectors for the purpose of routine inspection or whenever he shall have reason- able cause to believe that any violation of this Ordinance exists upon any premises or in any place, after displaying iden- tification may demand entry thereon in the day time Every person who owns, occupies or otherwise is then in possession of such premises and who, after such display and demand, refuses or wilfully delays to open the same and admit an inspection thereof shall be guilty of a misdemeanor and subject to punish- ment upon conviction thereof by a fine not exceeding Fifty Dollars ($50 00) or by imprisonment in the County Jail for not over five (5) days, or by both such fine and imprisonment Section 5 The Health Officer shall furnish each of his deputies and inspectors with identification in such form as he shall prescribe Section 6. Whenever there exists in any place within the City a breeding place of flies, the Health Officer may notify in writing the record owner or person having control or possess- ion of such place or premises to abate such nuisance. The notice shall direct the owner or person in control or possession of the place or premises, within the time spec- ified in said notice, to abate the nuisance and to perform any and all work necessary to prevent the recurrence thereof in the places or premises specified in the notice The notice shall be served upon the owner of record or person having control or possession of the place or premises Ordinance No 73 2 upon which the nuisance exists, or upon the agent of either Notices may be served by any person authorized by the Health Officer for such purposes in the same manner as a summons in a civil action. Section 7 Upon the neglect or refusal of the owner, or the person having control or possession of any place or premises to comply with the notice to abate, the Health Officer may abate such nuisance and the owner of such place or premises, or the per- son having control thereof, shall be liable to the City for the costs of such abatement which may be recovered in a civil action In the event the Health Officer elects to abate any such nuisance, he shall serve or cause to be served upon the record owner or the person in control or possession of the premises a "Notice of Intention to Abate", and if a hearing is not re- quested before the City Council as hereinafter provided within ten (10) days after service of said 'Notice of Intention to Abate", the Health Officer may proceed to abate any such nuis- ance as hereinabove provided The request forhearing shall be in writing and be filed with the Clerk of the City Notice of the time and place the Council will consider the matter shall be mailed by the Clerk of the City to the applicant and to the Health Officer. At the time fixed for the hearing, the City Council shall hear and consider all relevant testimony and evidence relating to the matter as offered by the applicant and by the Health Officer Upon the conclusion of the hearing the City Council shall determine whether or not a condition contrary to the provis- ions of this Ordinance exists and whether or not the Health Officer may abate Ordinance No 73 3 Section 6. Any owner or person having control or possession of any place or premises upon which there is existing a breeding place for flies, who refuses or neglects to abate the same or to take corrective measures to prevent its recurrence in accordance with the written notice from the Health Officer within the time specified in said notice, shall be guilty of a misdemeanor and subject to punishment upon conviction there- of by a fine not exceeding Five Hundred Dollars ($500.00), or one hundred (100) days imprisonment in the County Jail, or by both such fine and imprisonment. Section 9. Provisions of this Ordinance in reference to abatement are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict or derogation of any other actions or proceedings or remedies otherwise pro- vided by law Section 10 If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be un- constitutional or invalid, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection paragraph, sentence, clause or phrase thereof, irrespective of the fact that one or more of the sections, subsections, para- graphs, sentences, clauses or phrases thereof be declared unconstitutional or invalid Section 11 This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage, and Ordinance No. 73 4, before the expiration of fifteen (15) days after the passage thereof shall be posted as required by law PASSED AND ADOPTED by the City Council of the City of Cypress at its regular meeting held on the 14th day of November 1960 e Thomas A ATTEST City Clerk Ordinance No. 73 Baro di, Mayor CITY CLERK'S CERTIFICATION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF CYPRESS I, Fred D Harber, City Clerk of the City Council of the City of Cypress, California, do hereby certify, that, at a regular meeting of the City Council held on the 14th day of November, 1960, the foregoing Ordinance No, 73, was then considered and passed and adopted as a whole by the following roll call vote. AYES: Councilmen Arrowood, Denni, McCarney and Baroldi NOES* None ABSENT Councilman Van Dyke IN WITNESS WHE EOF, I have hereunto set my hand and affixed the official seal of the City Council of the City of Cypress, California, this 15th day of November, 1960. - 6- Ordinance No. 73 Fred D. Harber, City Clerk