A. The district is authorized (pursuant to § 2270(f), California State Health and Safety Code) to enter upon any property in the city without hindrance or notice, for any of the following purposes:
1. To inspect to ascertain the presence of vectors or their breeding places;
2. To abate public nuisances located within or attached to a private structure that pose an immediate threat to the public safety and health, either directly or by giving notice to the property owner to abate a nuisance;
3. To ascertain if a notice to abate vectors has been complied with;
4. To treat property with appropriate physical, chemical, or biological control measures.
The District is authorized to abate and remove feral bees and other vectors on private property except in the event vectors are located within or attached to a private structure. Abatement of feral bees and other vectors within or attached to a private structure shall be referred to authorized city representatives.
B. Upon a written declaration by the district of a public nuisance within or attached to a private structure, a copy of which shall be provided to the property owner, authorized city representatives may enter upon said private property in the city without hindrance or notice, for any of the following purposes:
1. To inspect to ascertain the presence of vectors or their breeding places;
2. To abate public nuisances located within or attached to a private structure that pose an immediate threat to the public safety and health, either directly or by giving notice to the property owner to abate a nuisance;
3. To ascertain if a notice to abate vectors has been complied with;
4. To treat property with appropriate physical, chemical, or biological control measures.
C. All or part of the cost of abating a nuisance pursuant to subection 8.25.060(B) shall be repaid to the city by the owner of the property, except as provided in subsection (B). However, the owner shall not be required to pay the cost unless, either prior or subsequent to the abatement by the city, a hearing is held by the city, the property owner is afforded an opportunity to be heard, and it is determined that a nuisance actually exists, or existed prior to abatement. The city may use a civil penalty assessment in lieu of charging for actual costs to abate the nuisance, or may include reasonable costs for abatement as a part of a civil penalty assessment.
D. Upon the failure of the property owner or person in possession to pay the abatement costs to the city for all sums expended in abating a nuisance or preventing its recurrence and all civil penalties, the costs shall become a lien upon the property on which the nuisance is abated, or its recurrence prevented, when notice of the lien is filed and recorded. Assessment of any abatement liens or costs will be processed in accordance with the procedures in Chapter 8.12 of this code.
(Ord. 2001-09-1294 § 1 (part))