Sections:
6.60.010 Breeding place declared public nuisance.
6.60.011 Mandatory removal of manure.
6.60.012 Placing of material containing fly breeding on land prohibited.
6.60.020 Right of entry for inspection.
6.60.030 Abatement authorized.
6.60.040 Additional remedies.
6.60.050 Notice to abate nuisance.
6.60.060 Failure to abate nuisance—Penalty.
6.60.070 Severability.
Any breeding place of flies within the City which exists by reason of any condition or use made of land, organic plant waste, animal material or any other substance whatsoever, or the deposit or storage thereof, is hereby declared to be a public nuisance. (Ord. 1469 § 1 (part); April 21, 1960.)
Every person owning or occupying premises where manure accumulates shall use adequate measures to prevent such premises from becoming a breeding place of flies including removal of such manure from the premises once each week if necessary.
Removal of such manure from the premises once each week shall be mandatory where the owner or person in charge of a premises demonstrates a failure or inability to control the breeding of flies while such manure remains on the premises. Where a place has been determined by inspection to be a breeding place of flies on three separate occasions within ninety days, or four separate occasions within twelve months, such finding shall be conclusive that the owner or persons in charge of the premises has failed and is unable to control fly breeding while manure remains on the premises and thereafter the owner or person in charge of such premises shall remove all manure once each week from such premises. (Ord. 1712 § 1 (part); May 15, 1962.)
It shall be unlawful for any person to remove from the premises where produced and place animal manures, vegetable culls or any other organic matter containing fly breeding on any land for the purpose of fertilizing or enriching the soil, or for storage, or any other purpose. (Ord. 1712 § 1 (part); May 15, 1962.)
For the purposes of routine inspection, or whenever the Orange County Mosquito Abatement District is informed or has reasonable cause to believe that there is a breeding place of flies, as set forth in Section 6.60.010, on any premises within the City, it shall be the duty of authorized deputies or inspectors from the Orange County Mosquito Abatement District to enter upon such premises in the daytime after displaying proper identification and after demanding entry thereon, and determine whether there is an existing 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 wilfully delays to permit such officer or officers to enter or inspect such premises is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding fifty dollars, or by imprisonment in the County Jail for not over five days, or by both such fine and imprisonment. (Ord. 3469 § 2 (part); October 7, 1975.)
The nuisance set forth in Section 6.60.010 may be abated in any action or proceeding, or by any remedy, provided by law. (Ord. 1469 § 1 (part); April 21, 1960.)
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