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  1. #1

    Question Can You Decline Participation in a Municipal Mosquito Abatement Program

    My question involves civil rights in the State of: California

    Not sure this is the right forum. In Santa Clara County there's a mosquito abatement program. Two days ago while we were not home that program left a note on the front door that they will be returning on 8/3/15 and want gates unlocked so they can inspect the backyard.

    Don't feel okay about that, and would have to leave the burglar alarm off.

    Do they have a right to go into the backyard for such an inspection, and do we have a right to decline such inspection?

  2. #2
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Mosquito Abatement Examination: Backyard Entrance

    Well, I learned something new.

    This is something that has never come up and your question made me curious. A little preliminary digging found Section 2855(g) of the California Health and Safety Code. It says a local Pest Abatement District may:

    (g) Enter upon, without hindrance or notice, any property, either within the district or so reasonably adjacent that pests may disperse into the district, for any of the following purposes:

    (1) To inspect to ascertain the presence of pests or their breeding places.

    (2) To abate public nuisances in accordance with this article through direct control or through notice to the property owner to abate the public nuisance.

    I'm sure there is a lot more to it, but it's late and I don't have the time to research it further. No doubt Mr. K will be along in a while. He is more knowledgeable in matters of obscure law and can probably dig up a lot more information for you on this.

    As a side note, if granting access will cause a problem with your burglar alarms, I suspect that if you give them a call and explain the situation, you can work out a time that is agreeable for both of you. FWIW, I've lived in pest control areas in the past. Usually all they do is come in the back yard and hang traps on your fruit trees or other spots that certain bugs might be attracted to, and then come back a few days later to pick them up. If there is an infestation and spraying is required, they let you know.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Can You Decline Participation in a Municipal Mosquito Abatement Program

    As Santa Clara County indicates,
    Quote Quoting Legal abatement
    Typical abatement procedures are used to gain access to properties to eliminate the source of a mosquito problem (e.g. a neglected swimming pool in the backyard). Local Vector Control Districts prefer to work with landowners and will make every effort to provide help and assistance.

    However, if a landowner is unwilling or unable to eliminate a mosquito source (or other nuisance), local districts have the authority to access private property to inspect and abate the source of a problem. They also have the authority to charge a landowner a fee, and place liens upon property (Sections 2053, 2060-2067, and 2855 of the California Health and Safety Code).

  4. #4

    Default Re: Can You Decline Participation in a Municipal Mosquito Abatement Program

    Quote Quoting Mr. Knowitall
    View Post
    As Santa Clara County indicates,
    We have absolutely no mosquito sources nor mosquitos. First summer without mosquitoes. No standing water. We need water.

  5. #5
    Join Date
    Dec 2009
    Location
    Lake Chapala
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    3,043

    Default Re: Can You Decline Participation in a Municipal Mosquito Abatement Program

    Quote Quoting CaliforniaDriver
    View Post
    We have absolutely no mosquito sources nor mosquitos. First summer without mosquitoes. No standing water. We need water.
    Well, it seems that county inspectors need to see that for themselves.

    What's going on in your backyard that you don't want the inspectors to see?

  6. #6

    Default Re: Can You Decline Participation in a Municipal Mosquito Abatement Program

    Quote Quoting eerelations
    View Post
    Well, it seems that county inspectors need to see that for themselves.

    What's going on in your backyard that you don't want the inspectors to see?


    Dying grass, boxes o corp records needing destruction, empty swimming pool, garbage cans, 43 healthy cherry tomato plants, & garden tools.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Decline Participation in a Municipal Mosquito Abatement Program

    Are you saying that your back yard is overgrown and full of garbage, and you're afraid that you're going to be ordered to clean it up?

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