CHAPTER 6. Abatement, Generally

Chapter 6 enacted by Stats. 1967, Ch. 15.

§§ 5401–5494 · 29 sections

1. ARTICLE 1. Authority §§ 5401–5405 · 5 sections

   • § 5401 Any premises, plants, conveyances or things which are infected or infested with any pest, or premises where any pest is found, are a public nuisance, and shall…
   • § 5402 It is unlawful for any person to maintain such a public nuisance. The remedies which are provided by this article are in addition to any other remedy by way of…
   • § 5403 If, after service of notice pursuant to this chapter a public nuisance is not abated within the time which is specified in the notice, the commissioner shall…
   • § 5404 (a) If, after service of the notice pursuant to this chapter, the commissioner determines that the nuisance constitutes an immediate hazard to adjoining or…
   • § 5405 The board of supervisors of any county may authorize the commissioner to contract with any state or federal agency, public corporation for municipal purposes,…
2. ARTICLE 2. Notice and Expense of Abatement Generally §§ 5421–5436 · 16 sections

   • § 5421 If the commissioner finds, after inspection, that any premises, plant, conveyance, or thing in his jurisdiction is infected or infested with any pest, he may…
   • § 5422 The notice may be served upon the record owner or person having charge or possession of the premises, plant, conveyance, or thing infected or infested with the…
   • § 5423 If no person upon whom service may be had, can, after diligent search be found within the county, the notice may be served by posting copies of it in three…
   • § 5424 If the address of the owner is not known, and cannot be ascertained by the exercise of reasonable diligence, a copy of the notice shall be mailed to him at the…
   • § 5425 The commissioner may record a copy of any notice that is served and may mail a copy of the notice to the person that appears of record to be the owner of any…
   • § 5426 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…
   • § 5427 If the eradication, control, or destruction of the pest is undertaken by the commissioner pursuant to Section 5403, the notice shall be recorded.
   • § 5428 The recorded notice is, from the date of recording, a lien against the property which is described in the notice for the expense that is incurred by the county…
   • § 5429 The expense of the abatement by the commissioner is a county charge which is payable out of county funds.
   • § 5430 If the notice to abate is recorded before the commissioner incurs the expense of abatement, the amount which is incurred or expended by the county in the…
   • § 5431 A notice which sets forth the amount expended shall be recorded within 30 days after the date of payment of the last item of expense of the abatement by the…
   • § 5432 If a copy of the notice to abate a public nuisance, as described in Section 5401, is recorded and a copy is served upon or mailed to the holder of any…
   • § 5433 If the sum which is secured by lien is not repaid to the county within 80 days from the recording of the amount of the lien, there shall be added to the sum a…
   • § 5434 Except as provided in Article 3 (commencing with Section 5461) of this chapter, the district attorney of the county which makes payment of the abatement…
   • § 5435 (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…
   • § 5436 If no action to foreclose is commenced within 120 days subsequent to the recordation of the notice which is required by Section 5431, the lien ceases to exist.
3. ARTICLE 3. Notice and Expense of Abatement on Tax-Deeded Property §§ 5461–5464 · 4 sections

   • § 5461 If any pest is found to exist upon any property which has been deeded to the state for nonpayment of taxes, the notice of abatement shall be served by…
   • § 5462 If the expense of abatement becomes a lien on such property, as provided in Sections 5429 to 5432, inclusive, and the property is redeemed or sold to a private…
   • § 5463 If no action to foreclose is commenced within 120 days subsequent to the redemption or sale of the property, the lien ceases to exist.
   • § 5464 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…
4. ARTICLE 4. Notice and Expense of Abatement on Other Public Property §§ 5491–5494 · 4 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…