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Home My WebLink AboutORD 475 (1970) ORDINANCE NO. 475 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE, RELATIVE TO FLY CONTROL AND MANURE DEALERS. The City Council of the~Zity of Tustin, CalifornZ-a, does hereby ordain as follows: I. Article II of Chapter 12 of the Tustin City Code is rebv amended to read as follows: he . ARTICLE II FLY CONTROL SeCtion 12-!3 Fly Breeding Hazard Defined. "Fly Breeding Hazard'"~ as used in this Article,shall mean the accumulation° existence or maintenance of any sub-~ stance, matter, material, or condition resulting in the breeding of flies in an amount or manner such as to endan- ger public health or safety~ or to create unreasonable interference with the comfortable enjoyment and use of life and property by others~ Section 12-14 Fly Abatement Board Defined. '"Fly Abatement Board" as used in this Article shall mean an administrative Board composed of five (5) members appomnted by the Board of Supervisors of the County of C.' Section 12-15 Commercial Dairy Farm Commerci~! Dairy Farm means any place or .oremises i! uoon which milk is produced for sale or other distribution ] and where more than two cows or six goats are in lactation- Section 12-16 Commercial poultry Ranch Commercial poultry Ranch means any premises where poultry are maintained, raised or fed for the primary pur- pose of producing eggs or meat for sale or other distribu- tion Section 12-17 Horse Stable. !'i Horse Stable means any location where three (3) or more horses are maintained for any purpose. ~! Section 1.2-!8 public Nuisance. .t~ Any fly breeding hazard in the City of Tustin is hereby li declared to constitute a public nuisance. ii Section 12-19 Inspection b~ 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 !and; building, or co!!ec~ion of o!ant or animal waste or any substance or existing condi- tion on any lot, 'farm~ or other land or on any other ore- af demand UOOr mises ~s a fly-breeding hazard to enter, ter , . such premmses and to determine whether or not there is an existing fly breeding hazard. The Health Officer shall furnish each of his deputies and inspectors with identific tion ~n such form as he shall prescribe' Section 12~20 Abatement Proceedings -- Notice Whenever there exists in any place within the City of Tustin a fly breeding hazard, the Health Officer shall notify in writing the record owner or person having contr3 or possession of such place or premises to abate. such nui- sance and take corrective measures ~o prevent its recur- rence, and to appear at a public hearing to be held by the Fly Abatement Board~ A copy of such notice .shall be postec in a conspicuous place upon such place or premises. Such hearing shal. 1 be set by the Health Officer at least ten (10) days after the date of such notice. The notice shall specify what is claimed to be causing the hazard and what.must be done to abate it and shall direct the owner or person in conErol or possession of the place or premises to abate the nuisance and to perfom any and all work necessary to prevent the recurrence thereof in the places or premises specified in the notice, prior to the time set for 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 determines that a fly breeding hazard still exists at the time of sucl~ public hearing, the Health Officer will proceed to abate such nuisance, without further notice, unless such nuisance is abated before a date specified by the Board, and the owner of such place or premises and the person having con- trol or possession thereof, jointly and severally, shall be liable to the City of Tustin for the total cost of such work~ including all administrative costs, and such costs shall constitute a charge and lien upon such D!ace or pre- mises. - - The notice shall be served upon the owner of record or person having control. or possession of the o!ace or pre- mises upon which the nuisance exists, or upon the agent 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 12-21 Abatement Proceedings. Hearing. At the time fixed for the hearing by the Fly Abatemen~ Board~ such Board shall hear and consider all relevant tes~ timony and evidence offered by the owner of record or per-~ son having control or possession of the place or premises upon which the fly breeding hazard is stated in such notic~ to exist, by the Heal. th Officer or his agent~ and by any other interested person. Upon the conclusion of the hear- ing, the Board 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 owne~- to abate the hazard. (4) What work~ if any, should be done by ~abe o~¢ner t~ prevent its recurrence. (5) Whether the owner or operator shall comply witi~ any specific regulations of the Health Officer!. (6) Whether the Health Officer shall abate and~ specifica!!Y~ ~.~ahat he may do, at his optmon; ....... provided that anything not included in the ~oard's order shall not be done by the Officer, If the Board deterYnines that such a fly breeding hazard exists~ it shall direct the Health Officer to abate it, without further notice~ unless the condition is abated. ~nd such work performed by the owner on or a d&te to be specified by the Board, '--- before SEction !2-22 FIy ControD.. Standards The Fly Abatement Board~ ~...:~ recommendation of the Hea!~n Officer, is authorized '~: ~i~7~opt fly control stan-'. dards of operation and design of co...~-.:mercial. dairy farms/. commercial poultry ranches and horse stables to serve as guidelines ~n the abatement proceedings described in Section 12-20, All such standards shall be pr~-nted and' made available to all dairymen, poultrymen and horse stable owners or operators, Section 12-23 Costs Shall Become a SD~_ecial Assessment All costs shall constitute a charge a.nd special assessment upon such parcel of land. If such costs are not paid within a period spec~ficatiY set, t?..ey shall then be declared a special assessment against t? ' parcel as provided in Government Code Section 2584~5- Such special assessment shall be collected at the same time and in the same manner as oD:dinary City taxes are collected and shall be subject to the same penalties and the same procedures and sate in case of delinquencY! as provided for ordinary City taxes, _~ne City shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or controi~ jointly or severallY- Section !2-24 Other Remedies Not ExclUded, The provisions' of tlqis Article are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict with or derogation of any' 'i other actions or proceedings or remedies= 2. Article iiI is hereby added to Chaoter 12 of the Tustini City Code to read as follows: ARTICLE III COF~MERCIAL MANURE DEALERS Section 12-25 Rec~istration It shall be unlawful for any commercza! =nure dealer to gather, collect, haul, stockpile, spread or sell any manure or manure-like substance within the City of Tustin, without first registe~-~in9' with the Health Officer on forms prescribed by him. Such regis- tration shall expire at the end of each calendar year and shall be renewed annually during the first week in ! January° There shall be no fee for such registration nor any subsequent renewal. Section 12-26. Failure to r.egister a misdemeanor. Failure to register as a commercial manure dealer as ~ provided in this Article sh~.ll constitute a misdemeanor punishable, upon conviction thereof, by a fine not exceed 5 ing five hundred dollars ($500.00) or one hundred (i00) days' imprisonment in the County Jail, or by both such 6 fine and imprisonment. PASSED AND ADOPTED at a regular meeting of the City 8 Council of the City of Tustin, held on the 3rd day of August, 1970. 11 ATTEST: MAYOR 19 ~0 I ~5 ~6 ~8 ~o~o~oo~ JGR:rg 7-15-70 ~A~TA ANA, CA~tF. ]~ STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. IPOE, City Clerk and eX-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the -- whole number of members of the City Council of the City of Tustin is five; th'at"--.the above and foregoing Ordinance No. 475 was duly and regularly introduced and read at a regular meening of the City Council h~ld on the 20th day of July , !~0 , and was given its secQnd reading and duly passed and adopted at a regular meeting held on the 3rd day of August , 19 70 , by the following vote: \\ AYES COUNCILMEN COCO, C-'-MILLER, ~ARSTERS, L. MILLER, OSTER NOES: COUNCILMEN NONE .ABSENT: COUNCILMEN NONE City" Cier~Y of Tust'iK, C'a'iifor.~'ia