CHAPTER 8. Pest Abatement Districts [2800. - 2910.]

Chapter 8 enacted by Stats. 1939, Ch. 60.

§§ 2800–2910 · 62 sections

1. 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…
2. 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…
3. 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.
4. 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…
5. 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…
6. 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…
7. 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…
8. 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…
9. ARTICLE 5a. Consolidation § 2910 · 1 section

   • § 2910 Two or more contiguous pest abatement districts may be consolidated.