SECTION 6.2: DEFINITIONS
As used herein, unless the context dictates otherwise, the following definitions shall apply:
A. ABATE or ABATEMENT: To eliminate, control, contain, reduce, and/or minimize.
B. BOARD OF HEALTH: The El Paso County Board of Health.
C. HEALTH DEPARTMENT: The El Paso County Department of Health and Environment, its employees, contractors, and others acting at the direction or control of Health Department employees.
D. MOSQUITO: Any member of the insect family Culicidae.
E. MOSQUITO BORNE VIRAL DISEASES: West Nile virus, St. Louis Encephalitis virus, Western Equine Encephalitis virus, and other viral diseases transmitted by mosquitoes to humans.
F. PROPERTY: Real and/or personal property, both public and private.
G. PROPERTY OWNER: The actual owner or owners of property, lease-holders, renters, and any other person in lawful possession of property.

SECTION 6.3: INVESTIGATIONS AND INSPECTIONS
The Health Department shall have authority to investigate and inspect property within El Paso County for the purpose of determining if the property contains areas or conditions that foster breeding of mosquitoes and communication of mosquito borne viral diseases by:
A. Entering property at any reasonable time;
B. Taking photographs, making drawings, and otherwise documenting areas or conditions suspected of providing breeding grounds for mosquitoes;
C. Taking water samples;
D. Taking specimens of adult mosquitoes, mosquito larvae, and mosquito pupae; and,
E. Placing and monitoring mosquito surveillance equipment.

SECTION 6.4: NOTICE PRIOR TO ENTRY
The Health Department shall use reasonable means to notify the property owner prior to entry upon any
property of its intent to enter and purpose for entering. Notice shall normally be given in person immediately prior to the time of entry by contacting the property owner in person at the location of the property. If notice cannot reasonably be given in person, notice may be given by telephone, fax, electronic
mail, United States mail, or any other reasonable means.

SECTION 6.5: REFUSAL TO GRANT ENTRY
If a property owner refuses to grant entry, or withdraws permission to enter or remain on the property, the Health Department shall not enter the property, or immediately leave the property, and seek an administrative inspection warrant or other lawful means to obtain access.

SECTION 6.6: RIGHT TO ACCOMPANY
The property owner, or representative, shall have the right to accompany the Health Department during the investigation and inspection of the property.

SECTION 6.7: SPLIT/DUPLICATE SAMPLES
If the Health Department obtains any samples from the property, it shall provide the owner a split sample upon request. If a split sample is not practicable, a duplicate sample shall be provided upon request.

SECTION 6.8: ABATEMENT
If property within El Paso County is determined, or reasonably suspected, of having areas or conditions that foster mosquito breeding and communication of mosquito borne viral diseases, the Health Department shall use reasonable means to inform the property owner concerning such areas or conditions; to advise the property owner of appropriate methods to abate such areas or conditions; and, to request cooperation of the property owner to voluntarily implement such abatement within an appropriate time. Upon failure or refusal of a property owner to voluntarily implement such abatement, the Health Department is authorized to do any, a combination, or all of the following as it deems necessary to protect public health using the least intrusive means appropriate:
A. Post Signs: The Health Department may post signs at reasonable intervals, and in sufficient size, number and wording, along the perimeter of the property, or any portion thereof, warning the public that the property does, or may, contain areas or conditions that foster mosquito breeding and communication of mosquito borne viral diseases. The signs shall be dated, and identify the Health Department as the posting authority. The signs shall advise the public not to enter the property, or to otherwise take appropriate measures to abate the threat of a mosquito bite. The signs shall also state
that a civil penalty may be imposed for defacing, destroying or removing the signs without authorization. The property owner shall be notified in writing of the posting of signs, and the notification may include the specific measures required to abate areas or conditions that foster mosquito breeding and communication of mosquito borne viral diseases. Upon determination by the Health Department that appropriate abatement has been implemented, the Health Department shall remove the signs as soon as practicable.
B. Isolate and Quarantine: The Health Department may isolate and quarantine the property from public access until such time that the areas or conditions fostering mosquito breeding and communication of mosquito borne viral diseases have been appropriately abated as determined by the Health Department. A written order for isolation and quarantine shall be sent by United States mail or delivered by personal service to the property owner. If, after a reasonable effort has been made, the order cannot be delivered by United States mail or personal service, the order may be posted on the premises. The order shall contain the identification of the Health Department as the ordering authority; the date of the order; and, the identification of the property. The order shall state the areas or conditions present that foster mosquito breeding and the potential communication of mosquito borne viral diseases. The order shall require the property owner to abate the nuisance, and may state appropriate means for abatement. The order shall also require the property owner to prohibit access to and use of the property by all persons, until the order has been rescinded in writing, except that access to and use of the property is permissible by the property owner, and those authorized by the owner or Health Department to conduct mosquito abatement activities. The order may include other requirements as deemed appropriate by the Health Department in the circumstances. The Health Department may also post signs at reasonable intervals, and in sufficient size, number and wording, along the perimeter of the property, or any portion thereof, warning the public that the property has been isolated and quarantined from public access. The signs shall be dated, and identify the Health Department as the posting authority. The signs shall advise and/or order the public not to enter or use the property; and, that a civil penalty may be imposed upon any person entering or using the property in violation of this regulation, or for defacing, destroying or removing the signs without
authorization.Upon determination by the Health Department that appropriate abatement has been implemented, the Health Department shall remove the signs as soon as practicable.
C. Abatement Order: The Health Department may issue an order to the property owner to abate the areas or conditions on the property that foster mosquito breeding and communication of mosquito borne viral diseases. The abatement order shall be sent by United States mail or delivered by personal service to the property owner. If, after a reasonable effort has been made, the order cannot be delivered by United States mail or personal service, the order may be posted on the premises. The order shall contain the identification of the Health Department as the ordering authority; the date of the order; identification of the property; identification of the area or condition of the property that fosters mosquito breeding and communication of mosquito borne viral diseases; a requirement to abate the nuisance within an appropriate time as determined by the Health
Department; and, a requirement that the property owner notify the Health Department in writing as soon as abatement is implemented. The order may also include appropriate abatement methods.
D. Abatement by the Health Department: The Health Department may enter upon any property to abate areas or conditions on the property that foster mosquito breeding and communication of mosquito borne viral diseases. Abatement may be implemented by the Health Department after forty-eight (48) hours following the refusal or failure of the property owner to obey an abatement order. Following abatement by the Health Department, the property owner shall be invoiced for the actual cost of the abatement, including reasonable oversight and overhead costs incurred by the Health Department. The property owner shall remit payment for the abatement costs within thirty (30) days after being invoiced for such costs by the Health Department, or may appeal the action through the Administrative Hearing Procedure adopted by the Board of Health.

SECTION 6.9: COST OF ABATEMENT
In all cases herein, cost for implementation of abatement measures shall be borne by the property owner.

SECTION 6.10: CIVIL PENALTIES
The Health Department shall impose civil penalties upon any person who refuses or fails to obey, or willfully violates any provision of this regulation as follows:
A. Violation: Defacing destroying or removing signs without authority. Civil penalty: $50 per sign, plus the actual cost to repair/replace the sign including reasonable employee costs.
B. Violation: Refusal/ failure to comply with, or willful violation of, isolation and quarantine order; refusal/failure to pay for abatement costs within 30 days after being invoiced. Civil Penalty:
$200, plus reasonable employee costs to enforce order.

SECTION 6.11: NOTICE OF CIVIL PENALTIES
The Health Department, after finding upon reasonable information and belief that any person has refused or failed to obey an order, or willfully violated any provision of this regulation, or refused or failed to pay costs for abatement by the Health Department within thirty (30) days after being invoiced, shall notify the person in writing by United States mail or delivered by personal service, of the violation and penalty imposed. If, after a reasonable effort has been made, the notice cannot be delivered by United States mail or personal service, the notice may be posted on the premises. The notice shall order the person to pay the penalty within thirty (30) days and, shall notify the person of the right to appeal the finding and imposition of the civil penalty in accordance with the Administrative Hearing Procedure adopted by the Board of Health.

SECTION 6.12: OTHER ACTIONS
Upon approval of the Board of Health, the Health Department may file suit through the Office of the District Attorney, or otherwise as provided by law, for injunctive relief, imposition of civil or criminal sanctions, collection of civil penalties, and such other relief as provided by law.
These Mosquito Control Regulations shall expire on December 31, 2005.