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3469ORDINANCE NO. 3469 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 6, CHAPTER 6.60, SECTIONS 6.60.02.0, 6.60.050, 6.60.060 AND ADDING THERETO NEW SECTIONS 6.60.020, 6.60.050 AND 6.60.060 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FLIES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 6.60.020, 6.60.050, 6.60.060 of the Anaheim Municipal Code be, and the same are hereby, repealed. SECTION 2. That Title 6, Chapter 6.60, Sections 6.60.02.0., 6.60.050, 6.60.060 be, and the same are hereby, added to the Anaheim Municipal Code to read as follows: "SECTION 6.60.020 RIGHT OF ENTRY FOR INSPECTION. 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. SECTION 6.60.05.0 NOTICE TO ABATE NUISANCE. Whenever the nuisance specified in Section 6.60.010 exists upon any premises within the City, the Orange County Mosquito Abatement District shall notify, in writing, the record owner or person occupying or otherwise in control or possession of such premises of the existence of the nuisance. The notice shall direct that the person or persons to whom the notice is directed shall, within a specified time, abate the nuisance and perform all work necessary, including the extermination of adult flies and the control of fly breeding, to prevent the recurrenceofsuch nuisance on the premises specified in the notice. The notice shall be served upon the owner or the person occupying or otherwise in control or possession of the premises upon which the nuisance exists, or upon the agent of either. Such -1- notice may be served by any person authorized by the Orange County Mosquito Abatement District in the same manner as a summons in a civil action. SECTION 6.60.060 FAILURE TO ABATE NUISANCE - PENALTY. Any record owner or any person occupying or otherwise in control or possession of any premises upon which there exists a breeding place of flies who, after service upon him of the written notice from the Orange County Mosquito Abatement District, as set forth in Section 6.60.050, refuses or neglects to abate such nuisance or to perform all work necessary, including the extermination of adult flies and the control of fly breeding, to prevent its recurrence in accordance with and within the time specified in such written notice, and any person or record owner who fails to remove all manure from the premises as and when required by Section 6.60.011, and any person placing fly breeding matter on land as prohibited by Section 6.60.012, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail for not over one hundred days, or by both such fine and imprisonment." SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chapter of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter indepen- dent of the elimination herefrom.of any such portion as may be declared invalid. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 7th day of October , ATTEST: CITY CLERK OF THE CVTY OF ANAHEIM FAL: j -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 3469 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 30th day of September, 1975, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 7th day of October, 1975, by the following vote of the members thereof: AYES: COUNCIL ME_-1BE:S: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEIBERS : None ABSENT: COUNCIL j1EMBERS: Seymour AND I FURTHER CERTIFY that the MayoV of the City of Anaheim approved and signed said Ordinance No. 3469 on the 7th day of October, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of October, 1975. CITY CLERK OF THE CITY OF ANAHLI•1 (SEAL) I, AL014A M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 3469 and was published once in the Anaheim Bulletin on the 17th day of October, 1975. City Clerk