SECTIONS 5501-5509 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 5501-5509

5501. This chapter shall be known and may be cited as the Property
Owners' Roadside Vegetation Control Information Act of 1991.

5502. The following definitions shall govern the construction of
this chapter:
(a) "Agency" means an agency of state government that has
responsibility for roadside vegetation control operations on, or
along, roadways.
(b) "Pesticide" is defined in Section 12753.
(c) "Property owner" means an owner, lessee, or tenant of real
property that is adjacent or contiguous to a roadway over which an
agency has responsibility for roadside vegetation control.
(d) "Roadside" means the land adjacent to, or dividing the lanes
of traffic of, a roadway.
(e) "Roadway" means any highway, superhighway, expressway, street,
road, lane, or other public thoroughfare.

5503. The Legislature hereby finds and declares all of the
following:
(a) The unannounced and poorly coordinated use of pesticides to
control roadside vegetation has too frequently resulted in damage to
adjacent or contiguous private property. In some instances, this
activity has caused growers to needlessly suffer economic loss or
damage to their crops.
(b) Property owners have a right to know beforehand the manner in
which state government intends to control the roadside vegetation
adjacent or contiguous to their property.
(c) It is in the public interest to establish a voluntary
mechanism by which private property owners may meet and confer with
representatives of state government to enter into mutually acceptable
voluntary agreements to promote coordinated programs for roadside
vegetation control, and thereby minimize damage to adjacent and
contiguous property.
(d) Mutually acceptable agreements may include, but are not
limited to, provisions whereby the property owner assumes
responsibility for roadside vegetation control in a manner which is
at least as effective as that proposed by state government, the use
of mechanical means of vegetation control, the use of a combination
of pesticide and mechanical means of control, a delay in the
application of a pesticide, or the use of different pesticides.
(e) Private property owners and representatives of state
government are encouraged to voluntarily develop creative and
innovative means to accomplish the goals and objectives of this
chapter.

5504. An agency shall promptly provide any or all of the following
information to a property owner who so requests:
(a) The date on which the agency is scheduled, or planning, to
conduct roadside vegetation control and the method or methods the
agency is planning to use in the roadside vegetation control
operation on, or along, the part of the roadway that is adjacent or
contiguous to his or her property.
(b) The frequency with which the agency is scheduled, or is
planning, to conduct a roadside vegetation control operation on, or
along, the part of the roadway adjacent or contiguous to his or her
property.
(c) Any other relevant information in the possession of the agency
that may be of interest to the property owner of the property
adjacent or contiguous to the roadside where the vegetation control
operation is to be conducted.

5505. The agency shall not conduct a roadside vegetation control
operation on that portion of the roadway for which a property owner
has made a request for information pursuant to Section 5504, until
both of the conditions set forth in subdivisions (a) and (b) have
been met or unless subdivision (c) applies:
(a) The agency provides the property owner the requested
information pursuant to Section 5504.
(b) The property owner did not request a meeting with the
representatives of the agency within 30 days after he or she received
the information or, if so requested, the meeting is held in
accordance with Section 5506.
(c) The agency provided the property owner the requested
information pursuant to Section 5504, the property owner requested a
meeting to be held in accordance with Section 5506, and the agency,
having made a good faith effort to accommodate the property owner in
scheduling and conducting a meeting, is unable to reach an agreement
with the property owner on a reasonable meeting time and place within
30 days of the initial request for a meeting.

5506. (a) Within 30 days of receipt of the information required to
be provided pursuant to Section 5504, the property owner may request
a meeting with representatives of the agency to discuss the agency's
proposed schedule for, or method of, roadside vegetation control, or
both the schedule and method to be used on, or along, the roadway
adjacent or contiguous to his or her property.
(b) Upon receipt of a request for a meeting pursuant to this
section, the agency shall meet with the property owner at a mutually
agreeable time and location.
(c) The purpose of the meeting shall be to develop and adopt the
following:
(1) A schedule for the roadside vegetation control operation .
(2) A method of roadside vegetation control that eliminates, or
minimizes, damage to the property owner's property while preserving
the ability of the agency to conduct an effective roadside vegetation
control program.
(d) The agency shall consider and, if the facts presented to the
agency warrant further action in order to carry out the objectives of
this chapter, do any or all of the following:
(1) Revise the schedule for the roadside vegetation control
operation.
(2) Revise the proposed methods of roadside vegetation control,
including, but not limited to, the use of a pesticide or mechanical
methods of control, or a combination thereof.
(3) Use different pesticides, or different combinations or
concentrations of pesticides.
(4) Enter into an agreement with the property owner whereby the
property owner agrees to assume the responsibility, in whole or in
part, of roadside vegetation control by any lawful method of control,
if the agency determines that the property owner's method is as
effective as the method proposed to be used by the agency.
(e) The objective of this section is to establish a procedure for
property owners and representatives of agencies to meet and confer in
order to develop and adopt mutually acceptable times for, and
methods of, well-coordinated and effective roadside vegetation
control operations, and thereby minimize damage to adjacent or
contiguous property.
(f) If agreement cannot be reached between the property owner and
the agency, the agency shall maintain responsibility for decisions
affecting roadside vegetation control in the disputed area.

5507. If the property owner does not carry out the terms of any
agreement entered into pursuant to paragraph (4) of subdivision (d)
of Section 5506, as determined by the agency, the agency may
immediately conduct the roadside vegetation control in accordance
with the agency's schedule and method of roadside vegetation control.

5508. This chapter shall be liberally construed to accomplish its
purposes and objectives.

5509. Any property owner affected by the decision of the agency
made pursuant to this chapter may bring an action for writ of
mandamus challenging the decision pursuant to Section 1085 of the
Code of Civil Procedure. A property owner may also request a court to
issue an injunction or order any other action to restrain any
violation of this chapter.