SECTIONS 5561-5564 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 5561-5564

5561. The commissioner shall, in writing, notify the record owner
or person in charge of any property having an abandoned or neglected
plant or crop which the commissioner has found to be a public
nuisance, of the need to remove or destroy the neglected or abandoned
plant or crop. The notice required by this section shall be made by
personal service or by certified mail to the address shown on the
last equalized assessment roll of the county, and by posting copies
of it in three conspicuous places on the property.

5562. The notice required by this article shall set forth all of
the following:
(a) A description of the property.
(b) The name of the owner or person who is in charge or in
possession of the property.
(c) The fact that the commissioner's findings have determined that
the removal or destruction of the neglected or abandoned plant or
crop provides the best means of eliminating the menace to the
agriculture of the county, district, or vicinity.
(d) That all costs incurred by the county in the detection of the
nuisance and proceedings in the abatement of the nuisance shall be
charged to the owner or established as a lien on the property.

5563. The commissioner shall, in addition to the notice required by
this article, advise the owner that, unless the abandoned or
neglected plant or crop is removed or destroyed within 60 days, or
less than 60 days if required by county ordinance, after the date the
notice was served or mailed, or by such date as may be mutually
agreed upon by the commissioner and the owner, the commissioner will
report the existence of the nuisance to the district attorney or to
the county counsel of the county with a request that an action be
filed in the superior court praying for an order to remove or destroy
the neglected or abandoned crop as provided for in Article 2
(commencing with Section 5571).

5564. This article shall not prevent the commissioner from
proceeding under any other provision of law for the purpose of
abating a nuisance that constitutes an immediate hazard to adjoining
or nearby property.