SECTIONS 5421-5436 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 5421-5436

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 in writing notify the record owner
or person in charge or possession of the premises, plant,
conveyance, or thing, that it is infected or infested with a pest. He
may, to his satisfaction, require the person to eradicate, destroy,
or control, the pest within the time which is specified in the
notice.

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 pest or upon the agent of either,
in the same manner as a summons in a civil action if such persons
can be found within the county.

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 conspicuous places upon the infected
or infested property or premises, and by mailing a copy of it to the
owner at his last known address.

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 county seat of the county in
which the property is situated.

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 encumbrance on the property, at his
last known address.

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 the copy, addressed to the
encumbrancer at the county seat of the county in which the property
is situated.

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 subsequent to the recordation of the
notice in the abatement of the nuisance.

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 abatement is a lien on the land against
which the expense is chargeable. In a case pursuant to Section 5494,
the total expense shall be prorated and chargeable against each
parcel of land in proportion to the acreage of such parcel which is
served by water from the canal or ditch that is involved.

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 county. The amount is a lien from
the date of the recording of the notice of abatement pursuant to
Section 5427.

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 encumbrance of record pursuant to this
article, the lien is superior to all encumbrances, existing and
future, except liens for taxes and assessments.

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 penalty of 15 percent. The penalty
shall also be secured by the lien.

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 expense shall, within 120 days after
the notice which is required by Section 5431 is recorded, commence in
the name and for the benefit of such county, an action to foreclose
the lien.

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 satisfy the lien, penalty, and costs.
(b) If there is any surplus, it shall be paid to the owner of the
property, if he is known. If the owner of the property is not known,
the surplus shall be paid into the court for his use at such time as
he is ascertained.

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.