DIVISION 3. PEST ABATEMENT [2000. - 2910.]
Heading of Division 3 amended by Stats. 1957, Ch. 205.
§§ 2000–2910 · 134 sections
CHAPTER 1. Mosquito Abatement and Vector Control Districts §§ 2000–2093 · 70 sections
ARTICLE 1. General Provisions §§ 2000–2007 · 8 sections
- § 2000 This chapter shall be known and may be cited as the Mosquito Abatement and Vector Control District Law.
- § 2001 (a) The Legislature finds and declares all of the following: (1) California’s climate and topography support a wide diversity of biological organisms. (2) Most…
- § 2002 As used in this chapter: (a) “Abate” means to put an end to a public nuisance, or to reduce the degree or the intensity of a public nuisance. (b) “Board of…
- § 2003 (a) This chapter provides the authority for the organization and powers of mosquito abatement and vector control districts. This chapter succeeds the former…
- § 2004 This chapter is necessary to protect the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes.
- § 2005 If any provision of this chapter or the application of any provision of this chapter in any circumstance or to any person, city, county, special district,…
- § 2006 (a) Any action to determine the validity of either the organization, or any action, of a district shall be brought pursuant to Chapter 9 (commencing with…
- § 2007 (a) Except as provided in this section, territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, may be included in a district.…
ARTICLE 2. Formation §§ 2010–2014 · 5 sections
- § 2010 A new district may be formed pursuant to this article.
- § 2011 (a) A proposal to form a new district may be made by petition. The petition shall do all of the things required by Section 56700 of the Government Code. In…
- § 2012 (a) Before circulating any petition, the proponents shall publish a notice of intention that includes a written statement not to exceed 500 words in length,…
- § 2013 (a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of any county or city that…
- § 2014 (a) Once the proponents have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission…
ARTICLE 3. Boards of Trustees and Officers §§ 2020–2030 · 12 sections
- § 2020 A legislative body of at least five members known as the board of trustees shall govern every district. The board of trustees shall establish policies for the…
- § 2021 Within 30 days after the effective date of the formation of a district, a board of trustees shall be appointed as follows: (a) In the case of a district that…
- § 2021.5 (a) Notwithstanding Section 2021, the Board of Trustees of the San Mateo County Mosquito and Vector Control District may be appointed as follows: (1) The San…
- § 2022 (a) Each person appointed by a board of supervisors to be a member of a board of trustees shall be a voter in that county and a resident of that portion of the…
- § 2023 (a) The initial board of trustees of a district formed on or after January 1, 2003, shall be determined pursuant to this section. (b) The persons appointed to…
- § 2024 (a) Except as provided in Section 2023, the term of office for a member of the board of trustees shall be for a term of two or four years, at the discretion of…
- § 2025 (a) Under no circumstances shall a board of trustees consist of less than five members. Except as provided in Section 2026, the number of members who represent…
- § 2026 (a) A local agency formation commission, in approving either a consolidation of districts or the reorganization of two more districts into a single district,…
- § 2027 (a) At the first meeting of the initial board of trustees of a newly formed district, and in the case of an existing district at the first meeting in January…
- § 2028 A board of trustees shall meet at least once every three months. Meetings of the board of trustees are subject to the provisions of the Ralph M. Brown Act,…
- § 2029 (a) A majority of the board of trustees shall constitute a quorum for the transaction of business. (b) Except as otherwise specifically provided to the…
- § 2030 (a) The members of the board of trustees shall serve without compensation. (b) The members of the board of trustees may receive their actual and necessary…
ARTICLE 4. Powers §§ 2040–2056 · 17 sections
- § 2040 Within the district’s boundaries or in territory that is located outside the district from which vectors and vectorborne diseases may enter the district, a…
- § 2041 A district shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this chapter, including,…
- § 2042 When acquiring, improving, or using any real property, a district shall comply with Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of…
- § 2043 (a) A district shall have perpetual succession. (b) A board of trustees may, by a two-thirds vote of its total membership, adopt a resolution to change the…
- § 2044 (a) A district may cooperate with any public agency or federal agency to carry out the purposes and intent of this chapter. To that end, a district may enter…
- § 2045 A district may contract with other public agencies and federal agencies to provide any service, project, or program authorized by this chapter within the…
- § 2046 (a) Each district shall adopt policies and procedures, including bidding regulations, governing the purchase of supplies and equipment. Each district shall…
- § 2047 Any person who restrains, hinders, obstructs, or threatens any officer or employee of a district in the performance of that person’s duties, or any person who…
- § 2048 (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code applies to all districts. (b) A…
- § 2049 A board of trustees may require any employee or officer to be bonded. The district shall pay the cost of the bonds.
- § 2050 A board of trustees may provide for any programs for the benefit of its employees and members of the board of trustees pursuant to Chapter 2 (commencing with…
- § 2051 A district may authorize the members of its board of trustees and its employees to attend professional, educational, or vocational meetings, and pay their…
- § 2052 (a) Pursuant to Article 4 (commencing with Section 106925) of Chapter 4 of Part 1 of Division 104, every district employee who handles, applies, or supervises…
- § 2053 (a) A district may request an inspection and abatement warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure.…
- § 2054 Whenever the boundaries of a district or a zone change, the district shall comply with Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of…
- § 2055 (a) In any dispute between a district and another public agency over the need to prevent, abate, or control, or the methods and materials used to prevent,…
- § 2056 (a) (1) An electrical utility, upon receiving a request from a mosquito abatement district or vector control district or a city or county health department,…
ARTICLE 5. Abatement §§ 2060–2067 · 8 sections
- § 2060 (a) A district may abate a public nuisance pursuant to this article. (b) The person or agency claiming ownership, title, or right to property or who controls…
- § 2061 (a) Whenever a public nuisance exists on any property within a district or on any property that is located outside the district from which vectors may enter…
- § 2062 (a) A board of trustees shall not declare an agricultural operation to be a public nuisance because of the presence of immature flies if the board determines…
- § 2063 In addition to abating the public nuisance and taking any necessary actions to prevent the recurrence of the public nuisance, a board of trustees may impose a…
- § 2064 A board of trustees may consider any recurrence of a public nuisance abated pursuant to Section 2061 to be a continuation of the original public nuisance.
- § 2065 (a) The owner of the property abated pursuant to Section 2061 shall pay the district for the cost of abating the public nuisance and the cost of any necessary…
- § 2066 The lien provisions of this article shall not apply to property owned by a public agency. Notwithstanding Section 6103 of the Government Code or any other…
- § 2067 Any money collected by a county from a lien authorized pursuant to this article, other than the amounts authorized pursuant to Section 29304 of the Government…
ARTICLE 6. Finances §§ 2070–2079 · 10 sections
- § 2070 (a) On or before August 1 of each year, the board of trustees shall adopt a final budget, which shall conform to the accounting and budgeting procedures for…
- § 2071 (a) In its annual budget, the board of trustees may establish one or more restricted reserves. When the board of trustees establishes a restricted reserve, it…
- § 2072 (a) On or before July 1 of each year, the board of trustees shall adopt a resolution establishing its appropriations limit and make other necessary…
- § 2073 The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter 6 (commencing…
- § 2074 (a) A district may accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for any lawful…
- § 2075 All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
- § 2076 (a) All claims against a district shall be audited, allowed, and paid by the board of trustees by warrants drawn on the county treasurer. (b) As an alternative…
- § 2077 (a) Notwithstanding Section 2076, a district that has total annual revenues greater than two hundred fifty thousand dollars ($250,000) may withdraw its funds…
- § 2078 The board of trustees may establish a revolving fund pursuant to Article 15 (commencing with Section 53950) of Chapter 4 of Part 1 of Division 2 of Title 5 of…
- § 2079 (a) The board of trustees shall provide for regular audits of the district’s accounts and records pursuant to Section 26909 of the Government Code. (b) The…
ARTICLE 7. Alternative Revenues §§ 2080–2085 · 6 sections
- § 2080 Whenever a board of trustees determines that the amount of revenues available to the district or any of its zones is inadequate to meet the costs of providing…
- § 2081 A district may levy special taxes pursuant to: (a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the…
- § 2082 (a) A district may levy special benefit assessments consistent with the requirements of Article XIII D of the California Constitution to finance vector control…
- § 2083 A district may levy special benefit assessments consistent with the requirements of Article XIII D of the California Constitution to finance capital…
- § 2084 Pursuant to Section 5 of Article XIII D of the California Constitution and Section 53753.5 of the Government Code, any assessment existing on November 6, 1996,…
- § 2085 (a) A board of trustees may charge a fee to cover the cost of any service that the district provides or the cost of enforcing any regulation for which the fee…
ARTICLE 8. Zones §§ 2090–2093 · 4 sections
- § 2090 (a) Whenever a board of trustees determines that it is in the public interest to provide different services, to provide different levels of service, or to…
- § 2091 (a) At the hearing, the board of trustees shall hear and consider any protests to the formation of a zone pursuant to this article. The board of trustees shall…
- § 2092 (a) A board of trustees may change the boundaries of a zone or dissolve a zone by following the procedures in Sections 2090 and 2091. (b) Except as provided in…
- § 2093 (a) As determined by the board of trustees, a zone may provide any service at any level or levels within its boundaries that the district may provide. (b) As…
CHAPTER 2. Mosquito Abatement §§ 2100–2101 · 2 sections
- § 2100 The Legislature finds and declares all of the following: (a) Excessive numbers of mosquitoes spread diseases and reduce livestock productivity. (b) From 1972…
- § 2101 (a) There is hereby established the California Mosquito Surveillance and Research Program to be administered by the University of California, Davis, which…
CHAPTER 8. Pest Abatement Districts §§ 2800–2910 · 62 sections
ARTICLE 1. Definitions and General Provisions §§ 2800–2805 · 7 sections
- § 2800 “Pest,” as used in this chapter, includes any plant, animal, insect, fish, or other matter or material, not under human control, which is offensive to the…
- § 2800.5 As used in this chapter, “public nuisance” includes, but is not limited to, both of the following: (a) Any breeding place or place of growth of a pest for…
- § 2801 This chapter is supplemental to any other provision of law relating to the abatement of pests or nuisances.
- § 2802 “District,” as used in this chapter, means any pest abatement district formed pursuant to this chapter or pursuant to any law which it supersedes.
- § 2803 Any person who restrains, hinders, obstructs, or threatens any officer or employee of a district in the performance of that person’s duties as an officer or…
- § 2804 In case of a dispute between governmental agencies on the need, or the methods and materials to be used, to abate or prevent a public nuisance under this…
- § 2805 (a) Except as otherwise provided in subdivision (b), every pest abatement district employee who handles, applies, or supervises the use of any pesticide for…
ARTICLE 2. Formation §§ 2822–2835 · 15 sections
- § 2822 The organization of a pest abatement district may be initiated by a petition, describing the exterior boundaries of the proposed district, and the nature of…
- § 2822.5 The petition shall state the basis on which the property in the district shall be taxed for district purposes. The petition may include a plan for zones of…
- § 2823 The petition may fix the maximum rate of assessments that may be levied by the district.
- § 2824 The petition shall be signed by registered voters residing in the proposed district equal in number to ten per cent of the votes cast in the proposed district…
- § 2825 The petition shall be presented to the clerk of the county in which the land in the proposed district is situated. The clerk shall compare the signatures on…
- § 2826 If the petition lacks sufficient signatures the county clerk shall certify that fact, and at any time within sixty days thereafter additional signatures may be…
- § 2827 If the petition contains the requisite number of signatures the clerk shall make a certificate to that effect, and shall present the petition and his…
- § 2828 If the board of supervisors finds that the petition has been properly presented, the board shall, by resolution, fix a time for hearing the petition, which…
- § 2829 At the time of the hearing, or at any time to which it may be adjourned, the board of supervisors shall hear and consider all competent and relevant testimony…
- § 2830 The board of supervisors may make such changes in the proposed boundaries of the district as it may consider advisable. It may exclude any land in the proposed…
- § 2831 If, upon the hearing, the board of supervisors determines that the public interest or welfare of the proposed territory and its inhabitants requires the…
- § 2832 The clerk of the board of supervisors shall immediately record a certified copy of the order in the office of the county recorder in which the district is…
- § 2833 If at any time after the board of supervisors has entered its order for organization good cause appears therefor, the district board may, by a two-thirds vote…
- § 2834 Upon receipt of the certified copy of the resolution the board of supervisors shall: (a) Enter an order changing the district’s name to the name set forth in…
- § 2835 Upon a petition adopted by a four-fifths vote of the district board, or upon its own motion following the notice the board of supervisors deems sufficient and…
ARTICLE 3. Administration §§ 2850–2853 · 4 sections
- § 2850 Within 30 days after incorporation the board of supervisors shall appoint a board of trustees, consisting of not less than five nor more than nine members to…
- § 2851 The members of the district board shall hold office at the pleasure of the board of supervisors. They shall serve without compensation, but shall be allowed…
- § 2852 The district board may take all necessary or proper steps for the extermination of the pest or pests mentioned in the petition for the organization of the…
- § 2853 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
ARTICLE 3.5. District Powers §§ 2855–2868 · 20 sections
- § 2855 The district board may do all of the following: (a) Purchase supplies and other personal property. (b) Employ necessary labor. (c) Acquire by purchase,…
- § 2855.3 Every sale of real property made pursuant to subdivision (d) of Section 2855 shall be made at such place within the district as the district board shall…
- § 2855.7 The district board may borrow money in any fiscal year, which shall not exceed the anticipated revenue of that fiscal year and which shall be repaid in the…
- § 2856 Any nuisance may be abated in any action or proceeding by any remedy provided by this article or any other law.
- § 2857 Whenever a nuisance exists upon any property, either in the district or in territory not in the district but so situated with respect to the district that…
- § 2858 The notice required by Section 2857 shall include all of the following: (a) State the finding of the district that a public nuisance exists on the property and…
- § 2860 If the property is owned by a person who is not a resident of the district, and is not in charge or possession of any person, and there is no tenant or agent…
- § 2861 Before complying with the requirements of the notice, the owner or party in possession may appear at a hearing before the board at a time and place fixed by…
- § 2861.5 Any judicial review of administrative procedure provided for in this chapter shall be pursuant to Section 1094.5 of the Code of Civil Procedure.
- § 2861.7 Any recurrence of the nuisance may be deemed to be a continuation of the original nuisance.
- § 2862 If the nuisance is not abated within the time specified in the notice or an order following the hearing, the district board may abate the nuisance.
- § 2862.5 The cost of abating a nuisance shall be repaid to the district by the owner of the property. However, the owner shall not be required to pay for the costs…
- § 2863 When any nuisance is found to exist on any property subject to the control of any state or local agency, the district shall notify the state or local agency of…
- § 2864 Upon the failure of the property owner or the person in possession of the property to pay the district for all sums expended by the district in abating a…
- § 2864.7 A copy of the filed and recorded lien may be given to the county assessor and tax collector, who, upon receipt of the lien, shall add the amount of the lien to…
- § 2865 If the county assessor and the tax collector assess property and collect taxes for the district, a certified copy of the lien shall be filed with the county…
- § 2865.5 The county auditor shall enter each lien on the county tax roll opposite the parcel of land.
- § 2866 The amount of the lien shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same…
- § 2867 The lien provisions of this article do not apply to the property of any county, city, district, or other public corporation. However, the governing body of the…
- § 2868 Any amounts collected by a county on account of a lien authorized by this article, other than the amounts requested to be paid into the county general fund…
ARTICLE 4. Taxation §§ 2870–2876 · 10 sections
- § 2870 The district board shall annually before July 10 prepare a written estimate of the amount of money necessary for the purposes of the district during the…
- § 2871 The county auditor shall allocate to a district its share of property tax revenue pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1…
- § 2871.5 (a) If the petition for formation of the district states that the property shall be taxed on the basis of area, the rate shall be based on area of land,…
- § 2871.7 After a public hearing, the district board shall determine the rate of the tax.
- § 2871.8 (a) Whenever it appears to the district board that the amount of funds required during an ensuing fiscal year will exceed the amount available, the district…
- § 2871.9 Any district formed prior to January 1, 1985, may petition the board of supervisors for a change in the method of financing the district’s operations, as…
- § 2872 All taxes and assessments levied under this chapter shall be assessed and collected at the same time and in the same manner as other taxes are collected for…
- § 2873 The funds of the district shall be withdrawn from the treasury upon the warrant of the district board.
- § 2874 The board of supervisors, from time to time, may order a temporary transfer of money from other available funds in the county treasury to the credit of the…
- § 2876 Notwithstanding the basis upon which property in the district is taxed, if a district is organized in any year too late for the levy of a tax in that year or…
ARTICLE 4.1. Standby Charges for Public Health Emergencies §§ 2877–2878 · 2 sections
- § 2877 The Legislature finds that unabated outbreaks of mosquitoes pose a serious threat to the public health and safety. The Legislature further finds that public…
- § 2878 A pest abatement district may adopt an ordinance to fix an emergency mosquito abatement standby charge pursuant to the provisions of Article 5.1 (commencing…
ARTICLE 4.5. Claims § 2880 · 1 section
- § 2880 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
ARTICLE 5. Annexation §§ 2900–2901 · 2 sections
- § 2900 At any time after the incorporation of a district, land contiguous to it may be annexed, if the board of trustees finds that the annexation will benefit both…
- § 2901 Annexations may proceed under Article 2 (commencing with Section 2822), as though territory to be annexed were a new district, except that the pest or pests to…
ARTICLE 5a. Consolidation § 2910 · 1 section
- § 2910 Two or more contiguous pest abatement districts may be consolidated.