California Food and Agricultural Code - Division 4: Plant Quarantine and Pest Control - Part 1: Generally - Chapter 7: Abatement of Neglected or Abandoned Crops (secs. 5551 - 5645)

1 FOOD AND AGRICULTURAL CODE - FAC DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) CHAPTER 7. Abatement of Neglected or Abandoned Crops [5551 - 5645] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ARTICLE 1. General Provisions [5551 - 5555] ( Article 1 enacted by Stats. 1967, Ch. 15. ) 5551. Any neglected or abandoned plant or crop is a public nuisance in any of the following circumstances: (a) It is a menace to the agriculture of the county, district, or vicinity because of the existence of any pest, in or on it. (b) It is a menace to the agriculture of the county, district, or vicinity because of the existence of any other condition than the condition described in subdivision (a). (c) It is a host plant of, or provides a favorable or likely harbor for, any pest. (Enacted by Stats. 1967, Ch. 15.) 5552. Any cotton plant which is uncultivated or that is left from a previous season is presumed to harbor pests and as such is a public nuisance. This presumption is a presumption affecting the burden of producing evidence. If any such cotton plant is not destroyed in the manner established by regulation of the director, by March 1st of any year or by such earlier date as shall be proclaimed by the director as the beginning of a host-free period pursuant to Section 5781 of this code, it is subject anytime thereafter to all remedies which are or may be given for the prevention or abatement of nuisances. (Amended by Stats. 1967, Ch. 308.) 5553. It is unlawful for any person to maintain any neglected or abandoned plant or crop which is a public nuisance. (Enacted by Stats. 1967, Ch. 15.) 5554. All remedies for the prevention or abatement of nuisances apply to any such nuisance. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('5551.','5.1.9.1','1967','15','',%20'id 3846cfb7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5552.','5.1.9.1','1967','308','',%20'id 3846cfb9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5553.','5.1.9.1','1967','15','',%20'id 3848565b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5554.','5.1.9.1','1967','15','',%20'id 3848565d-291f-11d9-9fa8-93d6a7ed919f') 2 5555. If, after service of the notice pursuant to Article 1.5 (commencing with Section 5561) the nuisance is not abated within the time prescribed in the notice or such time as may be mutually agreed upon by the commissioner and the record owner or person having charge or possession of the property, the commissioner shall proceed under the provisions of Article 2 (commencing with Section 5571). (Added by Stats. 1982, Ch. 164, Sec. 1. Effective April 26, 1982.) ARTICLE 1.5. Notice [5561 - 5564] ( Article 1.5 added by Stats. 1982, Ch. 164, Sec. 2. ) 5561. The commissioner shall, in writing, notify the record owner or person in charge of any property having an abandoned or neglected plant or crop which the commissioner has found to be a public nuisance, of the need to remove or destroy the neglected or abandoned plant or crop. The notice required by this section shall be made by personal service or by certified mail to the address shown on the last equalized assessment roll of the county, and by posting copies of it in three conspicuous places on the property. (Amended by Stats. 1985, Ch. 721, Sec. 1.) 5562. The notice required by this article shall set forth all of the following: (a) A description of the property. (b) The name of the owner or person who is in charge or in possession of the property. (c) The fact that the commissioner’s findings have determined that the removal or destruction of the neglected or abandoned plant or crop provides the best means of eliminating the menace to the agriculture of the county, district, or vicinity. (d) That all costs incurred by the county in the detection of the nuisance and proceedings in the abatement of the nuisance shall be charged to the owner or established as a lien on the property. (Added by Stats. 1982, Ch. 164, Sec. 2. Effective April 26, 1982.) 5563. The commissioner shall, in addition to the notice required by this article, advise the owner that, unless the abandoned or neglected plant or crop is removed or destroyed within 60 days, or less than 60 days if required by county ordinance, after the date the notice was served or mailed, or by such date as may be mutually agreed upon by the commissioner and the owner, the commissioner will report the existence of the nuisance to the district attorney or to the county counsel of the county with a request that an action be filed in the superior court praying for an javascript:submitCodesValues('5555.','5.1.9.1','1982','164','1',%20'id 3848565f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5561.','5.1.9.2','1985','721','1',%20'id 38485663-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5562.','5.1.9.2','1982','164','2',%20'id 38485665-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5563.','5.1.9.2','1985','721','1.5',%20'id 3849dd07-291f-11d9-9fa8-93d6a7ed919f') 3 order to remove or destroy the neglected or abandoned crop as provided for in Article 2 (commencing with Section 5571). (Amended by Stats. 1985, Ch. 721, Sec. 1.5.) 5564. This article shall not prevent the commissioner from proceeding under any other provision of law for the purpose of abating a nuisance that constitutes an immediate hazard to adjoining or nearby property. (Added by Stats. 1982, Ch. 164, Sec. 2. Effective April 26, 1982.) ARTICLE 2. Institution of Proceedings [5571 - 5581] ( Article 2 enacted by Stats. 1967, Ch. 15. ) 5571. If the commissioner of any county determines by inspection that there is a condition which constitutes a nuisance, as defined in Section 5551 or 5552, on any property or premises within his jurisdiction, he shall make a report of his inspection to the district attorney or to the county counsel if the board of supervisors has authorized the county counsel pursuant to Section 26528.5 of the Government Code to file the petition prepared pursuant to this article. The commissioner in the report shall do all of the following: (a) State that the property owner has been notified. (b) Describe the property upon which the nuisance exists. (c) Name the pest or other condition which in his opinion is dangerous to the agriculture of the county, district, or vicinity. (d) State, if his findings justify such a statement, that the removal or destruction of the neglected or abandoned plant or crop will provide the best means for the elimination of the menace to the agriculture of the county, district, or vicinity. (Amended by Stats. 1982, Ch. 164, Sec. 3. Effective April 26, 1982.) 5572. Whenever the district attorney receives a report from the commissioner, he shall, on the basis of the report, prepare a petition to the superior court of the county praying for an order to remove or destroy the neglected or abandoned plant or crop. (Enacted by Stats. 1967, Ch. 15.) 5573. The petition shall set forth all of the following: (a) A description of the property. javascript:submitCodesValues('5564.','5.1.9.2','1982','164','2',%20'id 3849dd09-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5571.','5.1.9.3','1982','164','3',%20'id 384b63ad-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5572.','5.1.9.3','1967','15','',%20'id 384b63af-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5573.','5.1.9.3','1967','15','',%20'id 384b63b1-291f-11d9-9fa8-93d6a7ed919f') 4 (b) The name of the owner or person that is in charge or possession of the property. (c) The name of the pest, or other condition which is a menace to the agriculture of the county, district, or vicinity. (Enacted by Stats. 1967, Ch. 15.) 5574. Upon the filing of the petition, the court shall issue a citation which requires that the owner or person that is in charge or in possession of the property appear at a time and place which is specified to show cause why the neglected or abandoned plant or crop should not be removed or destroyed. (Enacted by Stats. 1967, Ch. 15.) 5575. A copy of the citation, together with a copy of the petition, shall be served upon the record owner or upon the person that is in charge or in possession of the property, or upon an agent of either, not less than 10 days before the date which is specified in the citation. (Enacted by Stats. 1967, Ch. 15.) 5576. A copy of the citation, together with a copy of the petition, may also be served upon any person that appears of record to be the owner of any encumbrance upon, or interest in, the property. (Enacted by Stats. 1967, Ch. 15.) 5577. If the property upon which the neglected or abandoned plant or crop exists has been deeded to the state for nonpayment of taxes, a copy of the citation, together with a copy of the petition, shall be mailed to the State Controller, and a copy of each shall be served upon the last owner of record prior to the deeding of the property to the state. A notice of the pendency of the action shall be recorded pursuant to Section 409 of the Code of Civil Procedure. (Enacted by Stats. 1967, Ch. 15.) 5578. The service of the petition and citation may be personal, by delivery to the party on whom service is required to be made. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('5574.','5.1.9.3','1967','15','',%20'id 384b63b3-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5575.','5.1.9.3','1967','15','',%20'id 38517e35-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5576.','5.1.9.3','1967','15','',%20'id 38517e37-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5577.','5.1.9.3','1967','15','',%20'id 38517e39-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5578.','5.1.9.3','1967','15','',%20'id 38517e3b-291f-11d9-9fa8-93d6a7ed919f') 5 5579. If the party upon whom service is required to be made resides within the county, service may be made by leaving a copy of the citation, together with a copy of the petition, at the residence of the party between the hours of eight in the morning and six in the evening, with some person who is not less than 18 years of age. If at the time of attempted service between such hours, no such person can be found at the residence of the party, service may be made by mail. (Enacted by Stats. 1967, Ch. 15.) 5580. If the party upon whom service is required to be made does not reside within the county, service of the petition and citation may be made by mail, if he resides or has his office at a place where there is a delivery service by mail. If there is no delivery service by mail, or if his residence is not known, service may be made by posting a copy of the citation, together with a copy of the petition, in a conspicuous place on the property on which the neglected or abandoned plant or crop is situated, at least 20 days before the date specified in the citation. (Enacted by Stats. 1967, Ch. 15.) 5581. Service of the petition and citation by mail shall be made pursuant to the Code of Civil Procedure. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 3. Hearing and Order [5601 - 5605] ( Article 3 enacted by Stats. 1967, Ch. 15. ) 5601. On the day on which the citation is made returnable, the court shall hear the cause and decide whether or not the neglected or abandoned plant or crop shall be destroyed or removed. The hearing shall have precedence over all matters other than injunctions, older matters of the same character, and matters which are otherwise given precedence by law. (Enacted by Stats. 1967, Ch. 15.) 5602. If the court is satisfied that the conditions which are set forth in the petition exist on the property and that the removal or destruction of the neglected or abandoned plant or crop is necessary and essential for the welfare of the agriculture of the county, district, or vicinity, it shall order the removal or destruction, within a certain javascript:submitCodesValues('5579.','5.1.9.3','1967','15','',%20'id 38517e3d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5580.','5.1.9.3','1967','15','',%20'id 38517e3f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5581.','5.1.9.3','1967','15','',%20'id 38517e41-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5601.','5.1.9.4','1967','15','',%20'id 385304e5-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5602.','5.1.9.4','1967','15','',%20'id 385304e7-291f-11d9-9fa8-93d6a7ed919f') 6 time, of the neglected or abandoned plant or crop which is located upon the property described in the order. (Enacted by Stats. 1967, Ch. 15.) 5603. The order to remove or destroy the neglected or abandoned plant or crop shall be served by the commissioner, or by any person who is deputized by him for that purpose, as follows: (a) If the owner of the property can, after due diligence, be found within the county, upon the owner. (b) If the owner cannot, after due diligence, be found within the county, upon the person that is in charge or possession of the property. (c) If neither the owner or person that is in charge or possession of the property can, after due diligence, be found within the county, by posting in a conspicuous place upon the property. (Enacted by Stats. 1967, Ch. 15.) 5604. If the order is not complied with within the time which is specified in the order, the commissioner shall cause the removal or destruction of the neglected or abandoned plant or crop which is mentioned in the order. (Enacted by Stats. 1967, Ch. 15.) 5605. Any person that fails to comply with any lawful order of the court which is made and served pursuant to the provisions of this article and Article 2 (commencing with Section 5571) of this chapter is in contempt of court and shall be punished accordingly. The punishment is in addition to any other penalty which is provided for in this code. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 4. Expense of Abatement [5631 - 5645] ( Article 4 enacted by Stats. 1967, Ch. 15. ) 5631. If the removal or destruction of any neglected or abandoned plant or crop which is a public nuisance as defined in Section 5551 or 5552, is undertaken by the commissioner, he shall cause a notice of lien which describes the land on which it exists to be recorded. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('5603.','5.1.9.4','1967','15','',%20'id 385304e9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5604.','5.1.9.4','1967','15','',%20'id 385304eb-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5605.','5.1.9.4','1967','15','',%20'id 38548b8d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5631.','5.1.9.5','1967','15','',%20'id 38548b91-291f-11d9-9fa8-93d6a7ed919f') 7 5632. From the date of the recording, the land which is described in the notice is subject to a lien for any expense which is incurred by the county subsequent to the recording of the notice in the abatement of the nuisance which is referred to in the notice. (Enacted by Stats. 1967, Ch. 15.) 5633. The commissioner shall keep an account of the cost of the removal or destruction and shall render an itemized report of the cost to the board of supervisors. (Enacted by Stats. 1967, Ch. 15.) 5634. The expense of the removal or destruction is a county charge which is payable out of county funds. (Enacted by Stats. 1967, Ch. 15.) 5636. A notice which sets forth the amount which has been expended for the removal or destruction of any neglected or abandoned plant or crop which is a public nuisance, as defined in Section 5551 or 5552, shall be recorded within 30 days after the date of payment of the last item of expense incurred by the county, and such amount is a lien from the date of recording of the notice of lien. (Enacted by Stats. 1967, Ch. 15.) 5637. The lien is superior to all encumbrances, existing and future, except liens for taxes and assessments, if a copy of the notice of lien is recorded and a copy is served upon or mailed to the holder of any encumbrance of record, at the last known address of the encumbrancer. (Enacted by Stats. 1967, Ch. 15.) 5638. If the address of the encumbrancer is unknown to the commissioner, he shall state in the copy of the notice that the address is unknown to him and shall mail the copy addressed to the encumbracer at the county seat of the county in which the property is situated. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('5632.','5.1.9.5','1967','15','',%20'id 38548b93-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5633.','5.1.9.5','1967','15','',%20'id 38548b95-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5634.','5.1.9.5','1967','15','',%20'id 38548b97-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5636.','5.1.9.5','1967','15','',%20'id 38548b99-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5637.','5.1.9.5','1967','15','',%20'id 3856123b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5638.','5.1.9.5','1967','15','',%20'id 3856123d-291f-11d9-9fa8-93d6a7ed919f') 8 5639. If the sum which is secured by the lien is not repaid to the county within 80 days from the recording of the amount of the lien, there shall be added to it a penalty of 15 percent. The penalties shall also be secured by the lien. (Enacted by Stats. 1967, Ch. 15.) 5640. Except as provided in Section 5643, the district attorney of the county which makes the payment for the expense of eradication or destruction shall, within 120 days after the lien is recorded, commence in the name and for the benefit of such county an action to foreclose the lien. (Enacted by Stats. 1967, Ch. 15.) 5641. (a) If, after foreclosure the property is sold, enough of the proceeds shall be paid into the treasury of the county which forecloses the lien as shall satisfy the lien, penalty and costs. (b) If there is any surplus, it shall be paid to the owner of the property, if he is known. If the owner of the property is not known, the surplus shall be paid into the court for his use at such time as he is ascertained. (Enacted by Stats. 1967, Ch. 15.) 5642. If no action to foreclose is commenced within 120 days subsequent to the recordation of the notice of lien, the lien ceases to exist. (Enacted by Stats. 1967, Ch. 15.) 5643. If the expense of removal or destruction of any abandoned plant or crop becomes a lien on property which has been deeded to the state for nonpayment of taxes, as provided in Sections 5635 to 5637, inclusive, and the property is redeemed or sold to a private person at a tax sale, the action to foreclose the lien shall be commenced within 120 days after the redemption or sale of the property. (Enacted by Stats. 1967, Ch. 15.) 5644. If no action to foreclose is commenced within 120 days subsequent to the redemption or sale of the property, the lien ceases to exist. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('5639.','5.1.9.5','1967','15','',%20'id 3856123f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5640.','5.1.9.5','1967','15','',%20'id 38561241-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5641.','5.1.9.5','1967','15','',%20'id 38561243-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5642.','5.1.9.5','1967','15','',%20'id 385798e5-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5643.','5.1.9.5','1967','15','',%20'id 385798e7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5644.','5.1.9.5','1967','15','',%20'id 385798e9-291f-11d9-9fa8-93d6a7ed919f') 9 5645. If the property is acquired by the state, or by any municipal corporation or political subdivision, and the right of redemption is terminated, the lien terminates at the time the right of redemption is terminated. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('5645.','5.1.9.5','1967','15','',%20'id 385798eb-291f-11d9-9fa8-93d6a7ed919f')