CHAPTER 7. Abatement of Neglected or Abandoned Crops [5551. - 5648.]

Chapter 7 enacted by Stats. 1967, Ch. 15.

§§ 5551–5648 · 42 sections

1. ARTICLE 1. General Provisions §§ 5551–5555 · 5 sections

   • § 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,…
   • § 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…
   • § 5553 It is unlawful for any person to maintain any neglected or abandoned plant or crop which is a public nuisance.
   • § 5554 All remedies for the prevention or abatement of nuisances apply to any such nuisance.
   • § 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…
2. ARTICLE 1.5. Notice §§ 5561–5564 · 4 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
3. ARTICLE 2. Institution of Proceedings §§ 5571–5581 · 11 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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,…
   • § 5578 The service of the petition and citation may be personal, by delivery to the party on whom service is required to be made.
   • § 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…
   • § 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…
   • § 5581 Service of the petition and citation by mail shall be made pursuant to the Code of Civil Procedure.
4. ARTICLE 3. Hearing and Order §§ 5601–5605 · 5 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
5. ARTICLE 4. Expense of Abatement §§ 5631–5645 · 14 sections

   • § 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…
   • § 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…
   • § 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.
   • § 5634 The expense of the removal or destruction is a county charge which is payable out of county funds.
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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.
   • § 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,…
   • § 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.
   • § 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…
6. ARTICLE 5. Civil Penalties §§ 5646–5648 · 3 sections

   • § 5646 For purposes of this article, all of the following definitions apply: (a) “Good faith action” means a diligent and honest effort to abate the nuisance…
   • § 5647 (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…
   • § 5648 This article shall remain in effect only until January 1, 2035, and as of that date is repealed.