CHAPTER 12. Winegrape Pest and Disease Control District Law [6200. - 6290.]

Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1.

§§ 6200–6290 · 63 sections

1. ARTICLE 1. Findings and Definitions §§ 6200–6202 · 4 sections

   • § 6200 The Legislature finds and declares all of the following: (a) California is the leading producer of wine in the United States, accounting for 72 percent of all…
   • § 6200.5 This chapter shall be known and may be cited as the Winegrape Pest and Disease Control District Law.
   • § 6201 It is the purpose of this chapter to make available a procedure for the organization, operation, government, and dissolution of districts to respond to,…
   • § 6202 Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Board” or “board of directors” means the…
2. ARTICLE 2. Formation of Districts §§ 6210–6223 · 14 sections

   • § 6210 Proceedings for the formation of a district within any county shall be commenced by a petition that is either of the following: (a) Signed by 50 percent or…
   • § 6211 The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not contain the total…
   • § 6212 Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of supervisors a declaration signed…
   • § 6213 (a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included. (b) It is a sufficient…
   • § 6214 (a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the…
   • § 6215 (a) The board of supervisors shall fix a time and place for the hearing of the petition. (b) The hearing shall not be less than 20 days, or more than 40 days,…
   • § 6216 The notice of hearing shall do all of the following: (a) State the name of the district and that it is being formed for the control of winegrape pests and…
   • § 6217 Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.
   • § 6218 The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
   • § 6219 At the hearing, the report of the county agricultural commissioner shall be received. Protests may be made orally or in writing by any person interested in the…
   • § 6220 At the hearing, any owner of winegrape acreage in the proposed district may present to the board of supervisors a request, in writing, for the exclusion of…
   • § 6221 If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to present…
   • § 6222 (a) If the board of supervisors determines that the project is feasible and in the interest of the winegrape growers of the county, the board of supervisors…
   • § 6223 (a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any winegrape acreage that it finds will not be…
3. ARTICLE 3. Organization of Districts §§ 6230–6237 · 8 sections

   • § 6230 Upon the adoption of the order of organization, the board of supervisors shall immediately appoint a board of directors of five members to administer the…
   • § 6231 In order to be eligible to be a director of the district, a person shall be a citizen of the United States and of this state, and an owner of lands included in…
   • § 6232 Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the county clerk.
   • § 6233 (a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of…
   • § 6234 (a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson and…
   • § 6235 The members of the board shall serve for terms of one year, or for a longer term as determined by the board of supervisors, and until the appointment and…
   • § 6236 Upon the expiration of the term of any member of the board, the board of supervisors shall appoint the successor. Vacancies shall be filled by the board of…
   • § 6237 The members of the board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims for…
4. ARTICLE 4. Powers and Duties of the District §§ 6240–6246 · 7 sections

   • § 6240 The district may do all of the following: (a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. (b) Adopt a…
   • § 6241 Every district formed pursuant to this chapter has all of the powers prescribed by Section 6240 and other provisions of this chapter, regardless of any…
   • § 6242 The county agricultural commissioner of the county in which the district is located shall, upon request of the board, assist the district to the extent…
   • § 6243 The board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming…
   • § 6244 There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent of the total amount of the…
   • § 6245 For each fiscal year subsequent to the first year of operation of the district, the board shall adopt the final budget therefor in the same manner and at the…
   • § 6246 The board of supervisors may charge the district for any expenses incurred by the county in connection with the proceedings for the formation of the district,…
5. ARTICLE 5. Levy of Assessments for District Purposes §§ 6250–6259 · 11 sections

   • § 6250 The county assessor, in making the annual assessment of property included in the district each and every year after the organization of the district, shall…
   • § 6251 Whenever acreage within the district is planted with winegrape plants in such a fashion as to qualify as winegrape acreage, the acreage is subject to…
   • § 6252 (a) After the district has been formed, an owner of winegrape acreage in the district may present to the board a request in writing for the exclusion of that…
   • § 6253 (a) The board shall, on or before the first Monday in April of each year, file with the board of supervisors a budget that sets forth all estimated…
   • § 6254 The assessment authorized to be assessed and levied is hereby declared to be in the nature of a special assessment, and the Legislature hereby finds that the…
   • § 6255 The assessment so levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the assessment as…
   • § 6256 The general provisions of the laws of this state, prescribing the manner of levying and collecting county taxes and the duties of the several county officers…
   • § 6256.5 The revenue from the assessments imposed pursuant to this chapter by the district are trust funds and shall be encumbered only for the purposes for which the…
   • § 6257 The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys, and place…
   • § 6258 If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of the county in…
   • § 6259 (a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the…
6. ARTICLE 6. Inclusion of Lands § 6260 · 1 section

   • § 6260 Lands devoted exclusively to the growing of winegrapes within a tract of land outside the district, but in the county in which the district is located, may be…
7. ARTICLE 7. Consolidation §§ 6270–6276 · 7 sections

   • § 6270 Any two or more districts organized or existing under this chapter may be consolidated, whether or not the boundaries are coterminous, and whether or not the…
   • § 6271 The board of directors may adopt a resolution that recites the fact of receipt and the willingness of the district to consolidate, and shall then send copies…
   • § 6272 The board of supervisors of the county in which is located the largest area of winegrape acreage of the proposed consolidated district shall fix a time and…
   • § 6273 If the board of supervisors determines that consolidation is feasible and in the best interests of the winegrape growers of the respective districts, it shall,…
   • § 6274 Upon the adoption of a resolution consolidating two or more districts, the board of supervisors of the county in which is located the largest area of winegrape…
   • § 6275 The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district organized…
   • § 6276 Any district that has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by…
8. ARTICLE 8. Dissolution of Districts §§ 6280–6290 · 11 sections

   • § 6280 Upon the filing of a petition with the board of supervisors, signed by the owners of not less than 60 percent by area of the winegrape acreage in the district,…
   • § 6281 The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution.
   • § 6282 The notice of hearing shall state all of the following: (a) That a petition has been filed requesting the dissolution of the district. (b) That the petition is…
   • § 6283 Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.
   • § 6284 The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
   • § 6285 If, at the hearing, a majority of the membership of the board of supervisors find that the dissolution of the district will benefit the winegrape industry of…
   • § 6286 The board of supervisors shall cause a certified copy of the resolution to be recorded in the office of the county recorder and shall file a certified copy of…
   • § 6287 Upon dissolution, the right, title, and interest to property owned or controlled by the district that is situated within the corporate limits of any city shall…
   • § 6288 The board of supervisors is ex officio the governing body of the dissolved district. It may levy such assessments and perform such other acts as may be…
   • § 6289 All claims and accounts against the district that have not been settled by the board within 90 days after the resolution is recorded pursuant to Section 6286…
   • § 6290 If there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6289, the board of supervisors shall, at the time of levying…