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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)
(a) Whenever the Director determines that a public nuisance exists on property the Director may issue a Notice and Order to Abate to the property owner. Whenever the Director determines that a public nuisance exists in water the Director may issue a Notice and Order to Abate to the property owner or to any person or agency who controls the diversion, delivery, conveyance, or flow of water that is a breeding place for vectors. Whenever the Director determines that an activity is a public nuisance, the Director may issue a Notice and Order to Abate to the person conducting that activity.
(b) Notice to a property owner or other person or agency shall be served in the same manner as a summons in a civil action. If, after a diligent search, notice cannot be served in that manner notice shall be sent by certified U.S. mail to the owner at the address shown on the County's current assessment roll, and shall also be posted in a conspicuous place on the property on which the public nuisance exists. If the property has no frontage the notice shall also be posted at a conspicuous location on the roadway closest to the property most likely to give actual notice to the property owner.
(c) The notice shall contain the following information:
(1) That the Director has determined that a public nuisance exists on the property, describing the nuisance and its location on the property.
(2) The date by which the property owner or other person or agency is ordered to abate the nuisance.
(3) Any action the property owner or other person or agency is ordered to take to prevent the recurrence of the nuisance.
(4) If the property owner or other person or agency fails to comply with the notice and order within the time specified the Director has the right to take the action ordered and the owner or other person or agency may be liable for paying the County's costs to abate, including the County's administrative costs.
(5) If the property owner or other person or agency fails to comply with the notice and order within the time specified the owner may be liable for civil penalties up to $1,000 per day for each day the nuisance continues after the specified time.
(6) The property owner or other person or agency has the right to request a hearing by a date specified in the notice. The notice shall also advise the owner or other person or agency of the requirements for filing an appeal in section 64.207.
(Added by Ord. No. 10019 (N.S.), effective 11-20-09; amended by Ord. No. 10240 (N.S.), effective 1-4-13)
(a) A property owner or other person or agency may appeal a Notice and Order to Abate by filing a written request for a hearing to the Clerk (Clerk) of the Board of Supervisors, stating the grounds for the appeal, contain the name, mailing address and telephone number of the appellant and be accompanied by the appeal fee.
(b) The fee to appeal a Notice and Order to Abate issued pursuant to this chapter shall be the same fee as the Board periodically establishes, based on the County costs incurred, to appeal a Notice and Order to Abate under the County Public Nuisance Abatement procedure in sections 16.201 et seq. If the hearing officer finds there is no public nuisance the Clerk shall refund the fee without interest.
(c) If the appellant claims an economic hardship in paying the appeal fee, the appellant may apply for a waiver of the appeal fee on forms provided by the Clerk for that purpose. The forms shall be substantially similar to those required of litigants initiating court proceedings in forma pauperis pursuant to Government Code section 68511.3. The appellant shall execute the forms under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information contained in the forms that an appellant qualifies for a waiver under this section the Clerk shall allow the appeal to go forward without the appellant paying the appeal fee. If the appellant timely files an appeal and demonstrates good cause the Clerk may grant the appellant up to two additional days to complete and submit the waiver forms. If the appellant fails to timely submit the waiver forms or pay the appeal fee the appellant's request for appeal shall be automatically denied and the Director may enforce the order to abate as if the appellant did not submit an appeal request.
(d) When a property owner or other person or agency submits a timely request for appeal to the Clerk, the Clerk shall set the matter for hearing, assign the appeal to a hearing officer by selecting a hearing officer on a rotating basis from the list of appointed hearing officers and provide at least ten days written notice to the appellant and the Director of the time, date and location of the hearing.
(e) A hearing under this chapter shall be conducted in the same manner as a hearing under section 16.209, except that the hearing officer shall also accept written testimony and may assign the appropriate weight to the written testimony based upon the hearing officer's determination as to the testimony's reliability.
(f) The request for hearing shall stay the effect of the Notice and Order to Abate until the time specified for compliance in the hearing officer's decision if the hearing officer upholds the notice and order.
(Added by Ord. No. 10019 (N.S.), effective 11-20-09; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10240 (N.S.), effective 1-4-13)
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