CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law
Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1.
§§ 6292–6299 · 45 sections
ARTICLE 1. Findings and Definitions §§ 6292–6292.3 · 4 sections
- § 6292 The Legislature finds and declares all of the following: (a) California is the leading producer of wine in the United States, accounting for 91 percent of…
- § 6292.1 This chapter shall be known and may be cited as the Napa County Winegrape Pest and Disease Control District Law.
- § 6292.2 It is the purpose of this chapter to make available a procedure for the organization, operation, government, and dissolution of districts to assist in the…
- § 6292.3 Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Board” or “board of directors” means the…
ARTICLE 2. Formation of Districts §§ 6293–6293.13 · 14 sections
- § 6293 Proceedings for the formation of a district within Napa County shall be commenced by a petition that is either of the following: (a) Signed by 50 percent or…
- § 6293.1 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…
- § 6293.2 Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of supervisors a declaration signed…
- § 6293.3 (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…
- § 6293.4 (a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the…
- § 6293.5 (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,…
- § 6293.6 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…
- § 6293.7 Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. Notice of the hearing shall…
- § 6293.8 The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
- § 6293.9 At the hearing, the report of the county agricultural commissioner shall be received by the board of supervisors. Protests may be made orally or in writing by…
- § 6293.10 At the hearing, any owner of winegrape growing acreage in the proposed district may present to the board of supervisors a request for the exclusion of that…
- § 6293.11 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…
- § 6293.12 (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…
- § 6293.13 (a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any winegrape growing acreage that it finds will…
ARTICLE 3. Organization of Districts §§ 6294–6294.7 · 8 sections
- § 6294 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…
- § 6294.1 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…
- § 6294.2 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.
- § 6294.3 (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…
- § 6294.4 (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…
- § 6294.5 The members of the district board shall serve for terms of one year, or for a longer term as determined by the board of supervisors, and until the appointment…
- § 6294.6 Upon the expiration of the term of any member of the district board, the board of supervisors shall appoint the successor. Vacancies shall be filled by the…
- § 6294.7 The members of the district board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when…
ARTICLE 4. Powers and Duties of the District §§ 6295–6295.6 · 7 sections
- § 6295 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…
- § 6295.1 Every district formed pursuant to this chapter has all of the powers prescribed by Section 6295 and other provisions of this chapter, regardless of any…
- § 6295.2 The county agricultural commissioner of the county in which the district is located shall, in consultation with the district board, assist the district to the…
- § 6295.3 The district board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the…
- § 6295.4 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…
- § 6295.5 For each fiscal year subsequent to the first year of operation of the district, the district board shall adopt the final budget therefor in the same manner and…
- § 6295.6 The board of supervisors may charge the district for actual costs incurred by the county in connection with the proceedings for the formation of the district,…
ARTICLE 5. Levy of Assessments for District Purposes §§ 6296–6296.9 · 9 sections
- § 6296 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…
- § 6296.1 Whenever acreage within the district is planted with winegrape plants in such a fashion as to qualify as winegrape growing acreage, the acreage is subject to…
- § 6296.2 (a) After the district has been formed, an owner of winegrape growing acreage in the district may present to the district board a request in writing for the…
- § 6296.3 (a) The district 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…
- § 6296.5 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…
- § 6296.6 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…
- § 6296.7 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…
- § 6296.8 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…
- § 6296.9 (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…
ARTICLE 6. Inclusion of Lands § 6297 · 1 section
- § 6297 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…
ARTICLE 7. Consolidation § 6298 · 1 section
- § 6298 Any two or more districts organized or existing under this chapter may be consolidated, whether or not the boundaries are coterminous.
ARTICLE 8. Dissolution of Districts § 6299 · 1 section
- § 6299 Upon the filing of a petition with the board of supervisors, signed by 50 percent or more of the owners of 65 percent or more of the affected land, or signed…