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*Editor's note--Repealed and new Chapter, Mosquitoes and Flies, §§ 64.201--64.204, added by Ord. No. 2527 (N.S.), effective 5-25-63. Section 64.201 amended by Ord. No. 5135 (N.S.), effective 5-11-78; § 64.203 amended by Ord. No. 7141 (N.S.)., effective 6-26-86, and amended by Ord. No. 7428 (N.S.), effective 2-4-88. Chapter repealed and new Chapter 2, §§ 64.201--64.212, added by Ord. No. 8384 (N.S.), effective 5-29-94; amended by Ord. No. 10019 (N.S.), effective 11-20-09.
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Health and Safety Code sections 2001 et seq. recognize that California's climate and topography support a wide diversity of biological organisms and that while most of these organisms are beneficial, some are vectors of human disease pathogens or directly cause other human diseases. The Legislature recognized that some of the diseases may be fatal, especially in children and older adults. In order to protect Californians and their communities against the dangers of vector-borne diseases and vector-related public nuisances the Legislature granted broad statutory authority to mosquito abatement and vector control districts. Government Code Section 25842.5 allows a board of supervisors to provide the same services and exercise the powers of a mosquito abatement and vector control district. Pursuant to this statutory authority, the Board of Supervisors resolved to act as a mosquito abatement and vector control district in both the incorporated cities and the unincorporated area of the County. The city council of each incorporated city in the County consented to the Board's resolution. The Board also resolved to delegate implementation and enforcement duties to the Department of Environmental Health and Quality. The purpose of this chapter is to establish a program authorized by Government Code section 25842.5 to control and abate mosquitoes and other vectors in San Diego County to protect the public health, safety and welfare of the entire San Diego County community from vector-borne diseases and vector-related public nuisances.
(Amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10019 (N.S.), effective 11-20-09; amended by Ord. No. 10240 (N.S.), effective 1-4-13; amended by Ord. No. 10709 (N.S.), effective 1-15-21)
The following definitions shall apply to this chapter:
(a) "Abate" means to eliminate a public nuisance or to reduce the degree or intensity of a public nuisance.
(b) "Director" means the Director of the Department of Environmental Health and Quality and any other person the Director employs or appoints to implement or enforce this chapter.
(c) "Eye gnat" means a very small fly endemic to the San Diego area with the scientific name Hippelates spp. or Liohippelates spp. (formerly Hippelates spp.)
(d) "Hearing officer" means a County hearing officer appointed pursuant to County Administrative Code sections 650 et seq.
(e) "Property" has the same meaning as the term property in Health and Safety Code section 2002(h).
(f) "Property owner" means the person, entity or agency claiming ownership, title or right to property. To the extent provided by section 2005 of the Health and Safety Code, "property owner" also includes any person, city, county, special district, school district, the state, or any agency or subdivision of the state, including the California State University and the University of California. Where land or water is leased or is made available for use by a person or agency pursuant to a license, right of entry agreement, right of entry permit, or any other similar arrangement, "property owner" includes the lessee or other person or agency legally entitled to use the property or water.
(g) "Public Nuisance" means, subject to the limitation described in Section 2062 of the Health and Safety Code, any of the following:
(1) Any property, excluding water, that has been artificially altered from its natural condition so that it now supports the development, attraction, or harborage of vectors. The presence of vectors in their developmental stages on a property is prima facie evidence that the property is a public nuisance.
(2) Any water that is a breeding place for vectors. The presence of vectors in their developmental stages in the water is prima facie evidence that the water is a public nuisance.
(3) Any activity that supports the development, attraction, or harborage of vectors, or that facilitates the introduction or spread of vectors.
(h) "Vector" means an animal capable of transmitting the causative agent of human disease. "Vector" also includes eye gnats.
(Amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 10019 (N.S.), effective 11-20-09; amended by Ord. No. 10240 (N.S.), effective 1-4-13; amended by Ord. No. 10257 (N.S.), effective 5-10-13; amended by Ord. No. 10536 (N.S.), effective 7-1-18; amended by Ord. No. 10616 (N.S.), effective 7-26-19; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21)
(a) Except as provided in subdivision (b) of this section, the Director when acting pursuant to this chapter may exercise the following powers on any property or water located in the unincorporated area of the County or in any incorporated city in the County:
(i) Conduct surveillance programs and other appropriate studies of vectors, vector control methods, and vector-borne diseases.
(ii) Take any necessary and lawful action to prevent the occurrence of vectors, human discomfort from vectors, and vector-borne diseases.
(iii) Take any necessary and lawful action to abate or control vectors, human discomfort from vectors, and vector-borne diseases.
(b) The Director's exercise of the powers set out in this chapter is limited as to eye gnats as provided in chapter 4 of this division.
(c) The Director may undertake, fund, or contribute to the funding of research to identify additional or better methods to abate or control vectors, provided such research will be applicable to and beneficial to San Diego County.
(d) The Director may delegate such powers and responsibilities for vector control to the Director of the County Department of Agriculture, Weights and Measures as is mutually agreed between those Directors, provided that such delegations must be related to agricultural operations or to eye gnats generally. The Director shall transfer Vector Control Program funds to the Department of Agriculture, Weights and Measures as necessary to support any agreed vector control activities of that Department that are not supported by other fees and charges.
(Added by Ord. No. 10019 (N.S.), effective 11-20-09; amended by Ord. No. 10240 (N.S.), effective 1-4-13)
Subject to the limitations of the United States Constitution and the California Constitution, the Director may enter any property in San Diego County or property outside San Diego County from which disease bearing vectors may enter San Diego County, without interference or hindrance for the following purposes:
(a) Inspect the property to determine the presence of vectors or other public nuisance that is likely to create a breeding ground or harborage for vectors.
(b) Abate a public nuisance pursuant to this chapter, either directly or to give notice to the property owner to abate the public nuisance.
(c) Determine if a notice to abate a public nuisance has been complied with.
(d) Control vectors and treat property with appropriate physical, chemical or biological control measures.
(Added by Ord. No. 10019 (N.S.), effective 11-20-09)
The Director may request an inspection or abatement warrant pursuant to Code of Civil Procedure sections 1822.50 et seq. A warrant issued pursuant to this section, however, shall apply only to the exterior of a place, dwelling, structure or premises. The warrant shall state the geographic area which it covers and shall state its purposes. A warrant may only authorize the Director to enter property to do the following:
(a) Inspect to determine the presence of vectors or other public nuisance that may create a breeding ground or harborage for vectors.
(b) Abate a public nuisance, either directly or by giving notice to the property owner to abate a public nuisance.
(c) Determine if a notice to abate a public nuisance has been complied with.
(Added by Ord. No. 10019 (N.S.), effective 11-20-09)
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