SUPERIOR COURT OF THE STATE OF CALIFORNIA

Transcription

1 Kathy Jenson, General Counsel (State Bar No. 0) Noam Duzman (State Bar No. ) Rutan & Tucker Anton Blvd, Suite 00 Costa Mesa, CA Telephone: () 1-0 Facsimile: () -0 Attorneys for Petitioner COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE INDIO BRANCH In re: COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Petitioner, CASE NO. AFFIDAVIT OF JEREMY WITTIE, M. S., IN SUPPORT OF INSPECTION AND ABATEMENT WARRANT I, Jeremy Wittie, M.S., hereby declare as follows: 1. I am the General Manager employed by the Coachella Valley Mosquito and Vector Control District ( District ), and I am familiar with the facts herein based upon my personal observations, experience, and training. I have been employed in this position since January 1,. Prior to holding this position, I was employed as the District s Scientific Operations Manager since June 0 and the Vector Ecologist from August, 0 until June 0. I hold a bachelor s degree in Aquatic Biology and a Master s degree in Medical Entomology, and have over years of experience in vector and disease surveillance and control.. If called to testify as a witness, I can competently testify to the matters stated herein based on my personal knowledge or information and belief. / / / -1-

2 . The District s jurisdiction includes all of the Coachella Valley Cities (Palm Springs, Cathedral City, Desert Hot Springs, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio, and Coachella), and also the unincorporated portions of Riverside County within the Coachella Valley.. I presently oversee all of the Vector and Vector-borne Surveillance and Control programs at the District. Mosquito Borne Disease Prevention. In less than years, West Nile Virus ( WNV ) spread from New York City west to the Pacific Ocean, north to central Canada, and south through the Caribbean Islands, Central America and Argentina. The virus is found in over 0 mosquito species and 00 bird species in the U.S. alone. The severe symptoms in humans can include high fever, headache, neck stiffness, stupor, disorientation, coma, tremors, convulsions, muscle weakness, vision loss, numbness, and paralysis. These symptoms may last several weeks, and neurological effects can be permanent. About 0% to % of people with neuro-invasive WNV infection reportedly have encephalitis or meningoencephalitis, which is characterized by altered mental status or focal neurological findings.. Since, WNV has caused significant human infections (,0 human cases between -), with thousands of cases of serious disease resulting in persistent neurological damage including paralysis, and has required the blood industry to screen every donation for presence of the virus.. Mosquito larvae surveillance of neglected pools since 0 in the Coachella Valley confirmed the presence of two major mosquito vector species of West Nile virus western encephalitis mosquito (Culex tarsalis) and southern house mosquito (Culex quinquefasciatus) that have the potential to accelerate the transmission of WNV when detected in the area.. Historically, from 0 to date, WNV has been detected in the Coachella Valley as early as February and it has remained active up to the end of November.. The Coachella Valley Mosquito and Vector Control District is responsible for the control of mosquito vectors of West Nile virus, Saint Louis encephalitis, western equine encephalomyelitis, dengue, chikungunya, and Zika viruses within the aforementioned --

3 jurisdictional boundaries. There is no question that mosquito control plays a major role in preventing human cases; however, despite the efforts taken to control these vectors, mosquito borne viruses continue to exist in the Valley and annually pose a threat to the health of our citizens.. Appropriate and timely response to surveillance data is the key to preventing human and animal diseases associated with West Nile virus and other arthropod-borne viruses.. To improve our control program, and protect the public in the Coachella Valley, our staff has developed a response plan using the California Mosquito-Borne Virus Surveillance and Response Plan as the core for our local risk assessment. Currently, we are closely following all our indicators, and our mission is to prevent virus transmission and exposure of residents to West Nile virus and other arthropod-borne viruses. Therefore, the District s response must be immediate and effective mosquito control.. The District has been focusing on neglected pools associated with foreclosed properties. Each neglected pool is capable of breeding thousands of Culex mosquitoes that may act as vectors of West Nile virus and pose a serious potential threat to the community. The District conducts regular aerial reconnaissance over valley cities to locate neglected pools. We have collected the following data about cases in the United States ( US ), California ( CA ), and the District that demonstrate the threat that these conditions pose: A. US Human Infections since to,0 B. US Human Cases Nationwide,00 C. US Human Fatalities Nationwide D. CA Human Cases [Note: CA cases make up % of total nationwide cases.] E. CA Human Case Fatalities [Note: CA fatalities make up % of total fatalities nationwide.] F. CA Birds testing positive for WNV since 0,00 G. CA Birds testing positive for WNV 1, H. CA Birds testing positive for WNV as of April, - I. Status of Neglected pools within the District s Jurisdiction --

4 1. neglected pools are holding water and under surveillance and treatment.. 0 are dry but are retained on our records for 0 day inspection cycles [Note: Most of these properties were going through a foreclosure and/or have been abandoned.]. 0 are permanently dry, meaning homeowner is actively keeping pool dry.. The District has observed many properties with neglected pools in the Valley that are in the process of changing ownership, and those properties generally appear to have no one residing at them. This situation makes it extremely difficult to use the established protocol to secure consent from an authorized individual to inspect and treat the site in a timely manner. In our desert climate, immature mosquitoes have a short development time and may develop from eggs to biting adults in less than days. If our staff were required to either track down a person who was authorized to provide for the inspection or to obtain an abatement warrant for each individual property, the District would not achieve timely and effective mosquito control. This, in turn, would result in an increased exposure of Valley residents to potentially high populations of infected mosquitoes when the virus is detected in the Valley. Invasive Aedes mosquito Surveillance and Control. Aedes aegypti and Aedes albopictus are found throughout the world in tropical and subtropical regions and are not native to California. These mosquitoes lay their eggs in natural and artificial containers, and adult females bite during the day, with a preference for biting humans. They are highly adapted to living in or near human habitation, and people readily provide all necessary requirements for these mosquitoes to thrive in a residential neighborhoods and urban environments. Known by its common name the Yellow Fever mosquito, Aedes aegypti in particular in the principal vector of several serious mosquito-borne diseases, including dengue, chikungunya, Zika, and yellow fever viruses.. Emerging mosquito borne viruses like dengue, chikungunya, and Zika have been increasing in prevalence worldwide. Dengue is a human disease transmitted by mosquitoes that is caused by one of four closely related virus serotypes, dengue 1-. The U.S. Centers for Disease Control and Prevention (CDC) estimates that as many as 00 million people are infected with --

5 dengue annually. According to the World Health Organization, three billion people live in dengue endemic regions, principally in tropical and subtropical countries, and,000 deaths from dengue occur each year.. Chikungunya is a mosquito-borne virus that causes fever and severe joint pain, and often muscle pain, headache, nausea, fatigue and rash. Most patients recover fully, but joint pain can be debilitating and usually lasts for several days, and may persist for months or even years. Fatalities are rare. During, an estimated 1. million cases of chikungunya were reported in the Western hemisphere along with 1 fatalities. Within this number, a total of cases have been reported from U.S. states. All reported cases occurred in travelers returning from affected foreign countries.. Zika virus is a mosquito-borne virus that causes fever, rashes, joint pain, and conjunctivitis. The illness is usually mild with symptoms lasting several days to a week. However, in, the Ministry of Health of Brazil reported a possible link between Zika virus infections in pregnant women and increased cases of babies born with microcephaly, a condition where a baby s head is much smaller than expected. As of April, the CDC has confirmed travel associated Zika virus cases reported in the United States. Of those reported cases were in pregnant women.. Since, the California Department of Public Health (CDPH) has recorded 0 confirmed cases of dengue in people who have traveled to dengue endemic areas but became ill in California. In, there were confirmed cases of dengue in California. The number of confirmed chikungunya human cases in California jumped from 1 in to in. In Riverside County in, there were two confirmed human dengue cases and one confirmed case of chikungunya. In, in Riverside County there has already been one confirmed human case of dengue and two suspected cases of Zika. All imported from travel to foreign countries.. Currently the invasive mosquitoes Aedes aegypti and Aedes albopictus, capable of transmitting these viruses, have been found throughout California and within Riverside County. The District has not yet detected these mosquitoes in the Coachella Valley but the District is actively looking for them and it is only a matter of time until they are discovered. When these invasive mosquitoes are discovered, time will be of the essence to eradicate the infestation in a --

6 community or neighborhood. Any delay will make this potential for eradication impossible.. The only way to prevent these potentially deadly viruses from becoming established and transmitted locally is through mosquito control. Aedes aegypti and Aedes albopictus lay eggs on the walls and edges of water filled containers and small impoundments that are commonly found around houses in patio and yard areas. These eggs can survive desiccation for several months and will hatch when the container is once again filled with water. Upon hatching, the mosquito takes one week or less to develop from immature to adult in water. Adult mosquitoes can live for a month or longer. The adult female requires a blood meal to survive and produce eggs and people are the preferred host. Any container that can hold water is a potential breeding source. These may include buckets, pots (with our without plants), pot bases, ornamental ponds, decorative fountains, birdbaths, animal water dishes, bowls, toys, broken appliances, discarded tires, portable pools, cisterns, leaking water supplies, evaporative coolers, gutters, yard drains, drain pipes, among others. These sources may either be filled with rain water or irrigation water and by human activities. It is necessary to enter private properties to conduct a thorough and complete inspection of the outside premise areas around a house in order to find, treat, or eliminate all potential breeding containers to affect control actions and to prevent this invasive species from establishing itself in the Coachella Valley if it is discovered within the District.. Each year, since 0, the District has received an area-warrant authorizing the District to enter all properties within the District s Jurisdiction for the purpose of inspecting and abating health and safety conditions for a limited period.. As a preventive measure, State-certified District staff will perform the abatement procedure pursuant to the State guidelines, and will post notices on the homes so that persons who come onto the property in the future will know the neglected pool was treated.. Inspection consists of sampling for mosquito larvae, adults and/or collecting prima facie evidence that the water is a public nuisance.. The control measures to be utilized on the pools and other backyard standing water sources include application of one of the following public health control products that belong to Biochemicals (such as insect growth regulators), Microbials (such as mosquito specific bacterial toxins), mosquitofish, or mineral oils. These products are registered by the Environmental Public --

7 Agency (EPA) for use in California and have a low level of toxicity to non-target organisms. The products are target-specific for mosquito larvae when applied as recommended on the label. In backyards were large populations of adult mosquitoes may be detected, small amounts of EPA approved mosquito adulticides may also be used to reduce risk of virus transmission and adult mosquito biting pressure.. The District is not required by applicable law to post properties after treatment; however, the District will provide such notice as a courtesy to avoid any potential issues.. The District respectfully requests that the Court authorize execution of this warrant between the hours of :00 a.m. and :00 p.m. Such authority is reasonably necessary to effectuate the purpose of the regulation being enforced, because during the hot summer months, District staff commences abatement activities earlier in the day when the weather is cooler for safety reasons. In the past, the vast majority of properties which have been inspected and/or abated pursuant to this warrant have been vacant; therefore, starting at :00 a.m. rather than :00 a.m. would have a de minimus effect on privacy interests of property owners, but a more substantial effect on improved safety and working conditions for the District s employees. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this th day of April,, at Indio, California. Jeremy Wittie, M.S. --