Loading...
(a) The EGAAB, or hearing officer if elected by the farmer pursuant to Section 64.407(a), shall have the authority to hear appeals of abatement orders issued by the Director to commercial organic farmers as provided in this section.
(b) When an appeal from an abatement order is heard, the EGAAB can determine whether an eye gnat breeding hazard exists and whether any applicable limitations on the issuance and scope of abatement orders set out in section 64.403, 64.404 and 64.405 have been violated. If any of these three legal requirements have not been met, the EGAAB can vacate or modify the order.
(c) When an appeal from an abatement order is heard and the farmer asserts that required abatement measures are not practicable for that farmer's operations, the burden of proof to show impracticability shall be on the farmer.
(d) The EGAAB can consider whether a commercial organic farm is the principal cause of an eye gnat public nuisance in a community, whether the measures required by an abatement order are likely to substantially alleviate that nuisance, whether those measures can be implemented at a reasonable cost, and whether it is reasonable for the farmer to bear any disruptions in farm operations the order would cause, taking into account the degree to which the surrounding community is participating in abatement efforts. The EGAAB cannot vacate or modify an order based on these considerations, but can advise the Director to modify an abatement order based on these considerations, including advising the Director concerning making the order more or less stringent.
(e) The EGAAB may advise the Director to take action to abate other sources of eye gnats it finds are contributing to an eye gnat public nuisance.
(f) Appeals shall be heard in public. Petitions pursuant to subsection (c) of section 64.407 may be heard informally or by teleconference. Advisory opinions in response to such petitions may be provided orally or in writing, on behalf of the Eye Gnat Abatement Appeals Board as a body or by each sitting member of that board individually.
(g) Three members of the EGAAB, including at least one farmer and one community representative, shall constitute a quorum. An action by the EGAAB requires a quorum to be present and except as provided in subsection (f) at least three concurring votes.
(Added by Ord. No. 10240 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The Director is authorized to inspect a commercial organic farm whenever the Director has reasonable cause to believe that a public nuisance or an eye gnat breeding hazard exists on that farm. If the Director receives a complaint implicating a commercial organic farm the Director shall also have the authority to inspect the surrounding area to confirm that the eye gnat breeding hazard does or does not exist somewhere other than the commercial organic farm implicated in the complaint. Nothing in this section limits the inspection authority of the Director pursuant to state law.
(Added by Ord. No. 10240 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The Director shall maintain a list of the eye gnat abatement measures the Director has validated and a summary of their conclusions concerning the circumstances in which those measures are likely to be applicable. This information shall be updated as it changes, shall be available on the Department web site or page, and shall be provided to commercial organic farmers and community members on request.
(Added by Ord. No. 10240 (N.S.), effective 1-4-13; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The Director may apply vector control program funds to support work by an independent Eye Gnat Advisor to implement this chapter, including funding research by the Eye Gnat Advisor. The independent Eye Gnat Advisor shall be an institute of higher learning having the requisite staff to provide independent advising services regarding eye gnats. The Director may also fund work by the Eye Gnat Advisor to address situations with the potential to become community eye gnat nuisances, including outreach to help farmers identify and mitigate those situations.
(Added by Ord. No. 10240 (N.S.), effective 1-4-13; amended by Ord. No. 10704 (N.S.), effective 1-8-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
This chapter and the definition of "vector" in chapter two shall be subject to initial sunset review not later than three years after enactment, and thereafter shall be reviewed as part of this Title under the schedule applicable pursuant to Board Policy A-76.
(Added by Ord. No. 10240 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)