Ordinance No. 311L
ORDINANCE NO 311
AN ORDINANCE OF THE CITY OF CYPRESS AMENDING CHAPTER 13,
ARTICLE II OF THE CYPRESS CITY CODE, RELATING TO FLY
CONTROL AND PROTECTION OF PUBLIC HEALTH
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS.
Chapter 13, Article II of the Cypress City Code hereby is amended to
read in its entirety as follows:
Section 13-6. Fly Breeding Hazard - Defined
For the purposes of this Article the term "fly breeding hazard' 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 confortable enjoyment and use of life and property
by others. It shall be conclusively presumed that such a fly breeding hazard
exists when any substance, matter, material or condition resulting in the
breeding of flies is accumulated maintained or permitted to exist within
one-half mile of any occupied residential development
Section 13-7. Fly Abatement Board - Defined
For the purposes of this Article the term "Fly Abatement Board' shall
mean an administrative board composed of three members, appointed by the
City Council, consisting of one member of the City Council, one member of
the Planning Commission, and one other resident of the City
Section 13-8 Fly Breeding Hazard - Declaration of Nuisance.
Any fly breeding hazard in the City is hereby declared to constitute
a public nuisance
Section 13-9 Inspections; right of entry of inspection officials
It shall be the duty of the county 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 after demand, upon such premises
and to determine by inspection whether or not there is an existing fly
breeding hazard
Except as to residences and living quarters, the county health officer,
or his authorized deputies or inspectors, may demand entry upon any place or
premises, in the daytime, after displaying identification, for the purpose
of such inspection No person who owns, occupies or otherwise is then in
possession or control of such place or premises after such display of
identification and demand of entry shall refuse or wilfully delay, entry
upon such place or premises for such purpose
The county health officer shall furnish each of his deputies and
inspectors with identification in such form as he shall prescribe.
Section 13-10 Abatement proceedings - Notice
Whenever a fly breeding hazard exists within the City, the county
health officer shall serve a written notice upon either the record owner or
the person having control or possession of such place or premises, either
to abate such nuisance and take corrective measures to prevent its recurrence,
or to appear at a public hearing to be held by the Fly Abatement Board A
copy of such notice also shall be posted in a conspicuous place upon such
place or premises Such hearing shall be set by the county health officer
at least ten (10) days after the date of such notice
Ordinance No 311
Such notice shall direct the owner or person in control or possession
of such place or premises to abate the nuisance, and to perform all work
necessary to prevent the recurrent thereof, prior to the time set frr the
public hearing by the Fly Abatement Board, and shall advise such owner or
person that in lieu of such abatement, if the Fly Abatement Board deter-
mines that a fly breeding hazard still exists at the time of such public
hearing, the county health officer immediately will proceed to abate such
nuisance, without further notice, and the owner of such place or premises
and the person having control or possession thereof, jointly and severally
shall be liable to the City for the total cost of such abatement including
all advministrative costs, and such costs shall constitute a charge and
lien upon such place or premises
Such notice may be served by any person authorized by the county health
officer for such purposes, in the same manner as a summons in a civil action.
Section 13-11. Abatement proceedings - Hearing.
At the time fixed for the hearing by the Fly Abatement Board, such
Board shall hear and consider all relevant testimony and evidence offered
by the owner of record or person having control or possession of the place
or premises upon which the fly breeding hazard is stated in such notice to
exist by the county health officer or his agent, and by any other interested
person Upon the conclusion of the hearing, the Board shall determine whether
or not a fly breeding hazard exists upon such place or premises.
If the Board determines that such a fly breeding hazard exists, it
shall direct the county health officer immediately to proceed with the
abatement of such fly breeding hazard, without further notice
Section 13-12. Remedies cumulative.
The provisions of this Article are to be construed as an added remedy
of abatement of the declared fly breeding hazard nuisance and no in conflict
with or derogation of any other actions proceedings or remedies authorized
or provided by law
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 23rd day of May 1966.
MAYOR OF THE CIT' F
ATTEST.
/gfit,rii
CITY eLERK OF THE C TY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was adopted at a regular meeting of the said
City Council held on the 23rd day of May 1966 by the following vote:
AYES• 5 COUNCILMEN* Bowen, Harvey, Kanel, McCarney, and Noe
NOES. 0 COUNCILMEN None
ABSENT. 0 COUNCILMEN: None
r
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C TY CLE K OF THE CITY OF CYPRESS
Ordinance No. 311