Cal. FAC § 5647 — California Code / Code fac / Division 4 / Part 1 / Chapter 7 / Article 5 / Section 5647
Section 5647
Status: in_force

(a) In lieu of imposing a lien pursuant to Article 4 (commencing with Section 5631), a commissioner may levy a civil penalty against a person who violates Section 5553 if the violation constitutes a pest-related nuisance to an adjoining or nearby property and the violation results in economic or ecological damage or would result in economic or ecological damage if the pest-related nuisance is not abated. The civil penalty shall be in an amount of up to five hundred dollars ($500), based on the severity of the nuisance and the person’s ability to pay, for each acre of property found to be in violation of Section 5553, as described in this subdivision.

(b) (1) A minimum of 30 days before a civil penalty is levied pursuant to subdivision (a), the person charged with a violation shall receive notice of the nature of the violation and shall be given an opportunity to be heard. This shall include the right to review the evidence and the right to present evidence on their own behalf.

(2) The notice shall include the internet website of the University of California Statewide Integrated Pest Management Program.

(3) Upon service of the notice, the commissioner shall refer the person charged with the violation to the nearest University of California Cooperative Extension service office.

(4) If the person charged with the violation cannot, after a reasonable search, be found within the county, the notice shall be served by posting copies of it in three conspicuous places upon the property or premises or by mailing a copy of the notice to the owner of the property or premises at their last known address.

(5) (A) The notice shall include, either within the notice or in a separate document that accompanies the notice, a statement that reads: “This is a notice of a violation of Section 5553 of the California Food and Agricultural Code, relating to maintaining a public nuisance. This notice of a violation has been issued by your county’s agricultural commissioner. A party may appeal this notice of a violation pursuant to Section 5311 of the California Food and Agricultural Code. For more information or assistance, please contact their office. Do not ignore this notice.”

(B) The statement described in subparagraph (A) shall be in both English and in any other language that over 10 percent of the persons residing within the county solely speak.

(c) If the person charged with the violation takes a good faith action to rectify the violation within 30 days of receiving notice pursuant to subdivision (b), the person shall not be liable for a civil penalty pursuant to subdivision (a).

(d) If the person charged with the violation does not take a good faith action to rectify the violation within 45 days from the issuance of a civil penalty pursuant to subdivision (a), the commissioner may increase the previously issued civil penalty of up to one thousand dollars ($1,000), based on the severity of the nuisance and the person’s ability to pay, for each acre of property found to be in violation of Section 5553, as described in subdivision (a).

(e) For purposes of this article, none of the following constitute sole evidence of a violation of Section 5553:

(1) The use or presence of a biological control or beneficial organism.

(2) (A) The use of a conservation practice standard, identified by the Natural Resources Conservation Service of the United States Department of Agriculture’s Field Office Technical Guide, or an on-farm management practice, identified through the Healthy Soils Program, established pursuant to Section 569.

(B) Subparagraph (A) does not limit a commissioner’s authority to abate a pest that is harbored by a neglected or abandoned plant or crop.

(f) Subdivision (d) of Section 5311 shall apply to any civil penalty levied pursuant to this article.

(g) Any moneys recovered by the commissioner pursuant to this article shall be deposited into the county general fund in the county in which the action is brought and shall be allocated to the commissioner to cover costs related to the enforcement of this division.