SECTIONS 5401-5405 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 5401-5405

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 be prosecuted as such in all
actions and proceedings. All remedies which are given by law for the
prevention and abatement of a nuisance apply to such a public
nuisance.

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 abatement which is provided in
this division.

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 abate the nuisance by eradicating,
controlling, or destroying the pest.

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 nearby property, and that great or
irreparable injury would result from delay until expiration of the
time required by law for constructive notice, he or she may forthwith
abate the nuisance by eradicating, controlling, or destroying the
pest.
(b) For purposes of this section, cotton, which is being produced
in violation of a host-free period declared pursuant to Article 5
(commencing with Section 5781) of Chapter 8 of this part, is a
nuisance.
(c) The commissioner shall take summary abatement action against
any cotton found in violation of a planting date established as part
of a host-free period. The person producing the cotton shall be given
not more than 48 hours to commence abatement of the nuisance and
shall be given not more than five days to complete abatement.
(d) If the person producing the cotton fails to commence and
complete abatement within the time specified by the commissioner
pursuant to subdivision (c), the commissioner shall abate the
nuisance by disking to a depth of six inches. The person who produced
the cotton shall pay 150% of all costs associated with the
commissioner's abatement of the nuisance.
(e) The commissioner may request that the district attorney assist
him or her in expediting summary abatements pursuant to this
section.

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, or person that owns, controls, or
administers within the county any property or premises which are
infected or infested with any pest, to eradicate, destroy, or control
it on such property or premises. The contract shall not impose any
cost or obligation on the county, unless the imposition of the cost
or obligation upon the county is authorized by the board of
supervisors.