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HomeMy WebLinkAboutORD 214 (1963) ORDINANCE N0.214 AN ORDINANCE OF THE CITY COUNCIL OF TtIE CITY OF TUSTIN, ADOPTING REGULATIONS FOR FLY CONTROL IN THE CITY OF TUSTIN, AND PR0VIDING FOR THE ENF0RCEMENT THEREOF. The City Council of the City of Tustin does ordain as follows: ..Sect~ Any breeding. place of flies with- in the City which exists by reason of any condition or use made of land, organic plant waste, animal material or any other substance what soever, or the deposit or storage thereof, is hereby declared to be a public nui- sance. Section 2: For the purpose of routine inspect- ion, or whenever the Health Officer ~s informed or has reasonable cause to belive that there] 9. s a breedin~ place of ~lies, as set forth in Section i, on any premises within the City, it shall be his duty to, and he or his authorized or inspectors may~ enter upon such premises in the daytime after displaying proper indentification and after demanding entry thereon, and determine whether thorellis andiexisting breeding place of flies thereon. Any record owner or any person occupying or otherwise in control or possession of such premises who, after such display and demand, refuses or willfully delays to permit such officer olr officers to enter or inspect such prem- ises is guilty of a misdemeanor and upon conviction there- of shall be punished by a fine not exceeding Fifty Dollars (~0), or by imprisonment in the County Jail for not over five (~) days, or by both such fine and imprisonment. Section 5: The nuisnace set forth in Section i may be abated in any action or proceeding, or by any remedy, provided by law. Section ~: Any ~emedy provided in this Or- dinance for the abatement of a nuisance is in addition to any other remedy provided by law. Section ~; Whenever the niisance specified in Section I exists upon any premises within the City, the Health lOfficer shall notify, in writing, the re- cord owner or person occupying or otherwise in con- trol or possession of such premises of the existence of the nuisance. The notice shall direct that the person or persons to whom the notice is directed shall within~' s~ecif~ied time, abate the nuisance and per- form all -~ork necessary to prevent the recurrence of such nuisance on the premises specified in the notice. The notice shall be served upon the owner or the person occupying or otherwise in control or possession of the premises upon which the nuisance exists, or upon the agent of either. Such notice may be served by any person authorized by the Health Officer in the same manner as a summons in a civil action. SeC.t. i0.n 6: Any record owner or any person occupying or otherwise in control or possession of any premises upon which there exists a breeding place of flies who, after service upon him of the written notice from the Health Officer, as se~ forth in Section 5, refuses or neglects to abate such nuisance or to per- form all work necessary to prevent its recurrence in accordance ~'ith and within the time specified in such written notice shall be guilty of a misdemeanor and upon conviction thereof shall be pun~shed by ~ fine not exceeding Five Hundred Dollars (~500), or by impri- sonment in the County Jail for not over one hundred (100) days, or by both such fine and i~prisonment. Section 7:. If any section, ~!ubsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held tl~ be unconstitutional or in- valid, such decision shall not affect the constitution- ality or validity 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 there- io 7 of, irrespective of the fact that one or more of the sections, subsections, paragraphs, sentences. clsuses or phrases thereof be d.~clar6d unconstitutional or in- valid. SectiOn 8:~ The City Clerk sh~!! certify to the passage of this Ordinance, and shall cause the same to be published once within fifteen (15) days after its adoption, in the Tustin News, an'newspaper of general .. circulation, printed, published and circulated in said City, and ~immediately upon and after its passage it shall take effect and be in full force. PASSED AhD ADOPTED at a regula. r meeting of the City Council of the City of Tustin, held on the 15th day of April, 1963. j~G.W.~~ ~~ ~,~~ MAYOR · e. CITY CLERK STATE OF CALIFORNIA, ) C 0UNTY OF 0RA NGE, ) CItY 0F TUSTIN, ) SS. RUTH C. POE, City Clerks and ex-officio Clerk of the City Gouncil of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was duly and regular- ly introduced and read at the regu~l~r meeting of the City Council held on the 1st day of April, 1963, and was given its second reading and duly passed and adopted at a regular meeting held on the 15th:day of April, 1963, by the following vote: AYES: COUNCILMEN Doney,Humeston,Mack,Kl~in~el.hofer NOES: COUNCILMEN None ABSENT: COUNCILMEN Sher~ · C. Poe k CITY CLERK City Of Tustin, California.