reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 6 - Abatement, Generally › ARTICLE 4 - Notice and Expense of Abatement on Other Public Property › Section 5491.

5491. If any pest is found to exist in any public park or along any street, highway, or other property which is subject to the control of a city or county, the notice of abatement shall be served on the chairman of the governing body of the city or county. If the eradication, control, or destruction of the pest is performed by the commissioner, the cost of the eradication, control, or destruction is a city or county charge, as the case may be, and shall be paid from the general fund of the city or county.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 6 - Abatement, Generally › ARTICLE 4 - Notice and Expense of Abatement on Other Public Property › Section 5492.

5492. If any pest is found to exist in any park or along any street, highway, right-of-way, or other property which is subject to the control of any agency of the state, the director, upon receiving a report of the existence of the pest from the commissioner, shall notify the agency. He may instruct the commissioner to serve the notice upon the director or other executive officer of the agency. If the eradication, control, or destruction of the pest is performed by the commissioner, the cost of the eradication, control, or destruction is a charge against, and shall be paid from, the maintenance fund or from other funds for the support of the agency.
This section applies to a state highway right-of-way if any pest of the same kind has been, or is being, subjected to control, destruction, or eradication on other private or public property in the immediate vicinity of the right-of-way, either at the direction of the commissioner or voluntarily by the owner of such adjacent property.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 6 - Abatement, Generally › ARTICLE 4 - Notice and Expense of Abatement on Other Public Property › Section 5493.

5493. If any pest is found to exist upon any property which is subject to the control of any irrigation, drainage, flood control, reclamation, or levee district, or other political subdivision of the state, the notice of abatement shall be served upon the chairman of the governing body of the district or political subdivision. If the chairman is absent from the county, or for any reason cannot be served, the notice shall be served upon some other member of the governing body. If the eradication, control, or destruction of the pests upon the property is performed by the commissioner, the cost of the eradication, control, or destruction is a legal charge and shall be paid from the general maintenance or operating fund, as the case may be, of the district or political subdivision.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 6 - Abatement, Generally › ARTICLE 4 - Notice and Expense of Abatement on Other Public Property › Section 5494.

5494. If any pest is found to exist in or on any irrigation canal or ditch, including its lateral banks, which is not subject to the control of any district or political subdivision of the state, the notice of abatement shall be served upon all users of water from the irrigation canal or ditch that is described in the notice.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 6.5 - Roadside Vegetation Control › Section 5501.

5501. This chapter shall be known and may be cited as the Property Owners’ Roadside Vegetation Control Information Act of 1991.
(Added by Stats. 1991, Ch. 737, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 6.5 - Roadside Vegetation Control › Section 5502.

5502. The following definitions shall govern the construction of this chapter:
(a) “Agency” means an agency of state government that has responsibility for roadside vegetation control operations on, or along, roadways.
(b) “Pesticide” is defined in Section 12753.
(c) “Property owner” means an owner, lessee, or tenant of real property that is adjacent or contiguous to a roadway over which an agency has responsibility for roadside vegetation control.
(d) “Roadside” means the land adjacent to, or dividing the lanes of traffic of, a roadway.
(e) “Roadway” means any highway, superhighway, expressway, street, road, lane, or other public thoroughfare.
(Amended by Stats. 1996, Ch. 361, Sec. 1. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 6.5 - Roadside Vegetation Control › Section 5503.

5503. The Legislature hereby finds and declares all of the following:
(a) The unannounced and poorly coordinated use of pesticides to control roadside vegetation has too frequently resulted in damage to adjacent or contiguous private property. In some instances, this activity has caused growers to needlessly suffer economic loss or damage to their crops.
(b) Property owners have a right to know beforehand the manner in which state government intends to control the roadside vegetation adjacent or contiguous to their property.
(c) It is in the public interest to establish a voluntary mechanism by which private property owners may meet and confer with representatives of state government to enter into mutually acceptable voluntary agreements to promote coordinated programs for roadside vegetation control, and thereby minimize damage to adjacent and contiguous property.
(d) Mutually acceptable agreements may include, but are not limited to, provisions whereby the property owner assumes responsibility for roadside vegetation control in a manner which is at least as effective as that proposed by state government, the use of mechanical means of vegetation control, the use of a combination of pesticide and mechanical means of control, a delay in the application of a pesticide, or the use of different pesticides.
(e) Private property owners and representatives of state government are encouraged to voluntarily develop creative and innovative means to accomplish the goals and objectives of this chapter.
(Amended by Stats. 1996, Ch. 361, Sec. 2. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 6.5 - Roadside Vegetation Control › Section 5504.

5504. An agency shall promptly provide any or all of the following information to a property owner who so requests:
(a) The date on which the agency is scheduled, or planning, to conduct roadside vegetation control and the method or methods the agency is planning to use in the roadside vegetation control operation on, or along, the part of the roadway that is adjacent or contiguous to his or her property.
(b) The frequency with which the agency is scheduled, or is planning, to conduct a roadside vegetation control operation on, or along, the part of the roadway adjacent or contiguous to his or her property.
(c) Any other relevant information in the possession of the agency that may be of interest to the property owner of the property adjacent or contiguous to the roadside where the vegetation control operation is to be conducted.
(Added by Stats. 1991, Ch. 737, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 6.5 - Roadside Vegetation Control › Section 5505.

5505. The agency shall not conduct a roadside vegetation control operation on that portion of the roadway for which a property owner has made a request for information pursuant to Section 5504, until both of the conditions set forth in subdivisions (a) and (b) have been met or unless subdivision (c) applies:
(a) The agency provides the property owner the requested information pursuant to Section 5504.
(b) The property owner did not request a meeting with the representatives of the agency within 30 days after he or she received the information or, if so requested, the meeting is held in accordance with Section 5506.
(c) The agency provided the property owner the requested information pursuant to Section 5504, the property owner requested a meeting to be held in accordance with Section 5506, and the agency, having made a good faith effort to accommodate the property owner in scheduling and conducting a meeting, is unable to reach an agreement with the property owner on a reasonable meeting time and place within 30 days of the initial request for a meeting.
(Added by Stats. 1991, Ch. 737, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 6.5 - Roadside Vegetation Control › Section 5506.

5506. (a) Within 30 days of receipt of the information required to be provided pursuant to Section 5504, the property owner may request a meeting with representatives of the agency to discuss the agency’s proposed schedule for, or method of, roadside vegetation control, or both the schedule and method to be used on, or along, the roadway adjacent or contiguous to his or her property.
(b) Upon receipt of a request for a meeting pursuant to this section, the agency shall meet with the property owner at a mutually agreeable time and location.
(c) The purpose of the meeting shall be to develop and adopt the following:
(1) A schedule for the roadside vegetation control operation .
(2) A method of roadside vegetation control that eliminates, or minimizes, damage to the property owner’s property while preserving the ability of the agency to conduct an effective roadside vegetation control program.
(d) The agency shall consider and, if the facts presented to the agency warrant further action in order to carry out the objectives of this chapter, do any or all of the following:
(1) Revise the schedule for the roadside vegetation control operation.
(2) Revise the proposed methods of roadside vegetation control, including, but not limited to, the use of a pesticide or mechanical methods of control, or a combination thereof.
(3) Use different pesticides, or different combinations or concentrations of pesticides.
(4) Enter into an agreement with the property owner whereby the property owner agrees to assume the responsibility, in whole or in part, of roadside vegetation control by any lawful method of control, if the agency determines that the property owner’s method is as effective as the method proposed to be used by the agency.
(e) The objective of this section is to establish a procedure for property owners and representatives of agencies to meet and confer in order to develop and adopt mutually acceptable times for, and methods of, well-coordinated and effective roadside vegetation control operations, and thereby minimize damage to adjacent or contiguous property.
(f) If agreement cannot be reached between the property owner and the agency, the agency shall maintain responsibility for decisions affecting roadside vegetation control in the disputed area.
(Amended by Stats. 1996, Ch. 361, Sec. 3. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 6.5 - Roadside Vegetation Control › Section 5507.

5507. If the property owner does not carry out the terms of any agreement entered into pursuant to paragraph (4) of subdivision (d) of Section 5506, as determined by the agency, the agency may immediately conduct the roadside vegetation control in accordance with the agency’s schedule and method of roadside vegetation control.
(Added by Stats. 1991, Ch. 737, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 6.5 - Roadside Vegetation Control › Section 5509.

5509. Any property owner affected by the decision of the agency made pursuant to this chapter may bring an action for writ of mandamus challenging the decision pursuant to Section 1085 of the Code of Civil Procedure. A property owner may also request a court to issue an injunction or order any other action to restrain any violation of this chapter.
(Added by Stats. 1991, Ch. 737, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 1 - General Provisions › Section 5551.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 1 - General Provisions › Section 5552.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 1 - General Provisions › Section 5553.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 1 - General Provisions › Section 5554.

5554. All remedies for the prevention or abatement of nuisances apply to any such nuisance.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 1 - General Provisions › Section 5555.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 1.5 - Notice › Section 5561.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 1.5 - Notice › Section 5562.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 1.5 - Notice › Section 5563.

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 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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 1.5 - Notice › Section 5564.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 2 - Institution of Proceedings › Section 5571.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 2 - Institution of Proceedings › Section 5572.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 2 - Institution of Proceedings › Section 5573.

5573. The petition shall set forth all of the following:
(a) A description of the property.
(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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 2 - Institution of Proceedings › Section 5574.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 2 - Institution of Proceedings › Section 5575.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 2 - Institution of Proceedings › Section 5576.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 2 - Institution of Proceedings › Section 5577.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 2 - Institution of Proceedings › Section 5578.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 2 - Institution of Proceedings › Section 5579.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 2 - Institution of Proceedings › Section 5580.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 2 - Institution of Proceedings › Section 5581.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 3 - Hearing and Order › Section 5601.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 3 - Hearing and Order › Section 5602.

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 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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 3 - Hearing and Order › Section 5603.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 3 - Hearing and Order › Section 5604.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 3 - Hearing and Order › Section 5605.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5631.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5632.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5633.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5634.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5636.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5637.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5638.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5639.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5640.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5641.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5642.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5643.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5644.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 7 - Abatement of Neglected or Abandoned Crops › ARTICLE 4 - Expense of Abatement › Section 5645.

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.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 1 - Hold Notices on Infested and Nearby Properties › Section 5701.

5701. (a) If any pest exists on any premises, the director or the commissioner may hold any plant or other host or possible carrier which is, or may be, capable of disseminating or carrying the pest. The director or the commissioner also may hold the plants, other hosts, or other possible carriers on any premises within five miles of the premises on which the pest was found to exist. The director or commissioner shall notify the owner of the plant or other host or possible carrier, or his or her agent, of this action, and the issuance of any shipping permit or nursery stock certificate with respect to the plant or other host or possible carrier shall be refused and any such permit or certificate which has been previously issued shall be revoked.
(b) The distance from the premises at which a pest is found that the director or commissioner may hold plants, other hosts, or other possible carriers shall be the maximum distance that the director or commissioner determines the pest is likely to travel, but not to exceed five miles.
(Amended by Stats. 1986, Ch. 752, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 1 - Hold Notices on Infested and Nearby Properties › Section 5702.

5702. If, in the opinion of the director or commissioner, the plant or other host or possible carrier is not infested or infected with the pest, or has been disinfected or cleaned so as to eradicate or control the pest, the director or commissioner shall in writing release it or issue the shipping permit or nursery stock certificate as the case may be.
(Amended by Stats. 1986, Ch. 752, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 1 - Hold Notices on Infested and Nearby Properties › Section 5703.

5703. This article does not affect any other authority which is granted to a commissioner by Chapter 3 (commencing with Section 6501), Part 2 of this division.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 1 - Hold Notices on Infested and Nearby Properties › Section 5704.

5704. It is unlawful for any person to move any plant or other host or possible carrier from the premises on which a hold notice has been issued, except under the written permission of the director or commissioner and in accordance with the conditions which are stated in the written permission.
(Amended by Stats. 1986, Ch. 752, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 1 - Hold Notices on Infested and Nearby Properties › Section 5705.

5705. (a) The director or commissioner may enter into compliance agreements with any person which provide for the movement of hosts or other possible carriers of any pest from one area of the state to another. These agreements shall establish the treatment, harvesting, packing, and handling requirements that may be necessary to assure that the hosts or carriers are not infested.
(b) Violation of the treatment, harvesting, packing, or handling terms of a compliance agreement is unlawful.
(c) Any person who violates treatment, harvesting, packing, or handling terms in an agreement is also liable civilly in an amount not exceeding ten thousand dollars ($10,000). This remedy is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal, that otherwise are available to the state.
(d) Any funds recovered by the department pursuant to this section shall be deposited in the Department of Food and Agriculture Fund for use, upon appropriation by the Legislature, to cover costs related to the enforcement of this division.
(Added by Stats. 1988, Ch. 1063, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 2 - Standards of Cleanliness › Section 5721.

5721. If the director by regulation designates any plant, appliance, or other thing as liable to be infected or infested with any pest, and provides for notifying the commissioner of its arrival as required by Article 1 (commencing with Section 6501), Chapter 3, Part 2 of this division, he may include in the regulations standards of cleanliness for the plant, appliance, or other thing and provide for the certification by the commissioner of the county of origin of shipment that it conforms to the standards of cleanliness. The regulations may provide for the qualification of certain counties or certain areas where in the opinion of the director the standards of cleanliness are maintained in respect to all shipments of the designated plant, appliance, or thing. The regulations may also provide for shipments which originate in areas that are so qualified.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 2 - Standards of Cleanliness › Section 5722.

5722. The commissioner of the county of destination may waive the notification and holding for inspection of any shipment which bears a certificate of cleanliness or certificate of origin, issued pursuant to this article.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 2 - Standards of Cleanliness › Section 5723.

5723. This article is not applicable to seed which is intended for planting purposes or to other nursery stock.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 3 - Prevention of Pest Dissemination by Movement of Appliances › Section 5741.

5741. To prevent the dissemination of pests through the agency of appliances, the director may from time to time publish a list of such pests which may be carried through such agencies and designate any treatment which in his opinion would prevent their dissemination.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 3 - Prevention of Pest Dissemination by Movement of Appliances › Section 5742.

5742. Except as otherwise provided in Section 5744, it is unlawful for any person to ship or move any used appliances unless there is furnished to the commissioner of the county of destination such proof as he may require that the appliances either:
(a) Have not been exposed to infestation or infection by any pests.
(b) Have been treated immediately prior to shipment or movement in the manner which is designated by the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 3 - Prevention of Pest Dissemination by Movement of Appliances › Section 5743.

5743. The commissioner of the county of destination shall refuse entry of the used appliances until the proof required in Section 5742 is furnished.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 3 - Prevention of Pest Dissemination by Movement of Appliances › Section 5744.

5744. The used appliances may be moved to a place which is designated by the commissioner for treatment under his supervision.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4 - Eradication Areas › Section 5761.

5761. The regulations which are adopted pursuant to Article 2 (commencing with Section 5321) of Chapter 5, Part 1 of this division may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4 - Eradication Areas › Section 5762.

5762. Any pest with respect to which an eradication area has been proclaimed, and any stages of the pest, its hosts and carriers, and any premises, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4 - Eradication Areas › Section 5763.

5763. The director, or the commissioner acting under the supervision and direction of the director, in a summary manner, may disinfect or take such other action, including removal or destruction, with reference to any such public nuisance, which he thinks is necessary.
(Amended by Stats. 1967, Ch. 25.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4 - Eradication Areas › Section 5764.

5764. If an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment.
Any expenditures for the replacement nursery stock shall not exceed an amount which is budgeted for the purpose or approved by the Director of Finance.
(Enacted by Stats. 1967, Ch. 15.)