§ 8-63. Action upon determination that mosquito breeding area exists.

If such a condition is located and is determined by either department to constitute an artificially induced mosquito breeding area as herein defined, the following action may be taken:

(a)

Upon determination of the existence of an artificially induced mosquito breeding area, the individual, municipality, organization or corporation committing, creating, keeping or maintaining such area shall be notified in writing and directed to abate the condition within seventy-two (72) hours, or such other time as is reasonable for the existing condition. Such notice shall be by certified mail or personal delivery.

(b)

If the condition is not abated by the responsible party within the time prescribed in said notices, the county attorney in the name of Polk County, upon the request of the director of the environmental services division or of the county health department, may apply to the appropriate court for injunction to abate such condition. In the event the court grants the injunction, the division of environmental services or county health officials shall take whatever steps they deem necessary to eliminate the artificially induced mosquito breeding area.

(c)

In addition, the environmental services division is authorized through its inspectors to initiate proceedings with the county code enforcement board to enforce the provisions of this division. Upon receipt of an order from the county code enforcement board, the county is empowered to take the steps necessary to eliminate the artificially induced mosquito breeding area and to assess the costs of treatment against the individual, municipality, organization, corporation, or other entity creating or maintaining such area.

(Ord. No. 79-7, § 3, 4-17-79; Ord. No. 86-20, § 1, 7-22-86)