SECTIONS 5571-5581 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 5571-5581

5571. If the commissioner of any county determines by inspection
that there is a condition which constitutes a nuisance, as defined in
Section 5551 or 5552, on any property or premises within his
jurisdiction, he shall make a report of his inspection to the
district attorney or to the county counsel if the board of
supervisors has authorized the county counsel pursuant to Section
26528.5 of the Government Code to file the petition prepared pursuant
to this article. The commissioner in the report shall do all of the
following:
(a) State that the property owner has been notified.
(b) Describe the property upon which the nuisance exists.
(c) Name the pest or other condition which in his opinion is
dangerous to the agriculture of the county, district, or vicinity.
(d) State, if his findings justify such a statement, that the
removal or destruction of the neglected or abandoned plant or crop
will provide the best means for the elimination of the menace to the
agriculture of the county, district, or vicinity.

5572. Whenever the district attorney receives a report from the
commissioner, he shall, on the basis of the report, prepare a
petition to the superior court of the county praying for an order to
remove or destroy the neglected or abandoned plant or crop.

5573. The petition shall set forth all of the following:
(a) A description of the property.
(b) The name of the owner or person that is in charge or
possession of the property.
(c) The name of the pest, or other condition which is a menace to
the agriculture of the county, district, or vicinity.

5574. Upon the filing of the petition, the court shall issue a
citation which requires that the owner or person that is in charge or
in possession of the property appear at a time and place which is
specified to show cause why the neglected or abandoned plant or crop
should not be removed or destroyed.

5575. A copy of the citation, together with a copy of the petition,
shall be served upon the record owner or upon the person that is in
charge or in possession of the property, or upon an agent of either,
not less than 10 days before the date which is specified in the
citation.

5576. A copy of the citation, together with a copy of the petition,
may also be served upon any person that appears of record to be the
owner of any encumbrance upon, or interest in, the property.

5577. If the property upon which the neglected or abandoned plant
or crop exists has been deeded to the state for nonpayment of taxes,
a copy of the citation, together with a copy of the petition, shall
be mailed to the State Controller, and a copy of each shall be served
upon the last owner of record prior to the deeding of the property
to the state. A notice of the pendency of the action shall be
recorded pursuant to Section 409 of the Code of Civil Procedure.

5578. The service of the petition and citation may be personal, by
delivery to the party on whom service is required to be made.

5579. If the party upon whom service is required to be made resides
within the county, service may be made by leaving a copy of the
citation, together with a copy of the petition, at the residence of
the party between the hours of eight in the morning and six in the
evening, with some person who is not less than 18 years of age. If at
the time of attempted service between such hours, no such person can
be found at the residence of the party, service may be made by mail.

5580. If the party upon whom service is required to be made does
not reside within the county, service of the petition and citation
may be made by mail, if he resides or has his office at a place where
there is a delivery service by mail. If there is no delivery service
by mail, or if his residence is not known, service may be made by
posting a copy of the citation, together with a copy of the petition,
in a conspicuous place on the property on which the neglected or
abandoned plant or crop is situated, at least 20 days before the date
specified in the citation.

5581. Service of the petition and citation by mail shall be made
pursuant to the Code of Civil Procedure.