SECTIONS 5601-5605 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 5601-5605

5601. On the day on which the citation is made returnable, the
court shall hear the cause and decide whether or not the neglected or
abandoned plant or crop shall be destroyed or removed. The hearing
shall have precedence over all matters other than injunctions, older
matters of the same character, and matters which are otherwise given
precedence by law.

5602. If the court is satisfied that the conditions which are set
forth in the petition exist on the property and that the removal or
destruction of the neglected or abandoned plant or crop is necessary
and essential for the welfare of the agriculture of the county,
district, or vicinity, it shall order the removal or destruction,
within a certain time, of the neglected or abandoned plant or crop
which is located upon the property described in the order.

5603. The order to remove or destroy the neglected or abandoned
plant or crop shall be served by the commissioner, or by any person
who is deputized by him for that purpose, as follows:
(a) If the owner of the property can, after due diligence, be
found within the county, upon the owner.
(b) If the owner cannot, after due diligence, be found within the
county, upon the person that is in charge or possession of the
property.
(c) If neither the owner or person that is in charge or possession
of the property can, after due diligence, be found within the
county, by posting in a conspicuous place upon the property.

5604. If the order is not complied with within the time which is
specified in the order, the commissioner shall cause the removal or
destruction of the neglected or abandoned plant or crop which is
mentioned in the order.

5605. Any person that fails to comply with any lawful order of the
court which is made and served pursuant to the provisions of this
article and Article 2 (commencing with Section 5571) of this chapter
is in contempt of court and shall be punished accordingly. The
punishment is in addition to any other penalty which is provided for
in this code.