SECTIONS 6250-6259 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 6250-6259

6250. The county assessor, in making the annual assessment of
property included in the district each and every year after the
organization of the district, shall identify any parcel of real
property with one acre or more of winegrape plants.

6251. Whenever acreage within the district is planted with
winegrape plants in such a fashion as to qualify as winegrape
acreage, the acreage is subject to assessment as provided in this
article.

6252. (a) After the district has been formed, an owner of winegrape
acreage in the district may present to the board a request in
writing for the exclusion of that land or any part of the land from
the district upon a showing that the land or part of the land will
not be benefited by the activities of the district. Factors that the
board may consider in its determination for exclusion shall include
an affidavit from the owner that the land has already been affected
by phylloxera or other winegrape plant pests and the winegrape plants
have been removed from the land, more than 66 percent of the subject
parcel is planted with non-vinifera-crossed rootstock, including,
but not limited to, St. George, S04, 5C or 5BB rootstock, or that the
subject parcel does not have a pest or disease problem that can be
controlled by the district.
(b) After receipt of the request, the board shall cause an
investigation of the parcel of land to be made and, if the board
determines that the land or part of the land will not be benefited by
the activities of the district, the board shall exclude the
winegrape acreage from the district and immediately certify this fact
to the county assessor and the county auditor or tax collector.
(c) Any owner of winegrape acreage outside of, or otherwise not
included in, the district may present to the board a request in
writing for inclusion of the land in the district.

6253. (a) The board shall, on or before the first Monday in April
of each year, file with the board of supervisors a budget that sets
forth all estimated expenditures of the district for the fiscal year
commencing on the first day of July. A copy of the budget shall also,
at the same time, be filed with the auditor of the county.
(b) The board of supervisors may, by ordinance or by resolution,
adopted after notice and hearing, determine and levy an assessment
for winegrape pest and disease control activities for any of the
following purposes:
(1) Responding to, managing, and controlling the effects of the
spread of the phylloxera pest and other pests that attack winegrape
plants.
(2) Collecting and disseminating to winegrape producers in the
district all relevant information and scientific studies concerning
the pest or pests.
(3) Charting and determining the extent and location of any
infestations.
(c) The annual assessment shall not exceed five dollars ($5) per
planted acre.
(d) The board of supervisors shall cause to be prepared and filed
with the clerk of the board of supervisors a written report that
contains all of the following information:
(1) A description of each parcel of property proposed to be
subject to the assessment.
(2) The amount of the assessment of each parcel for the initial
fiscal year.
(3) The maximum amount of the assessment that may be levied for
each parcel during any fiscal year.
(4) The duration of the assessment.
(5) The basis of the assessment.
(6) The schedule of the assessment.
(7) A description specifying the requirements for written and oral
protests, and the protest threshold necessary for requiring
abandonment of the proposed assessment pursuant to subdivision (f).
(e) (1) The board may establish zones or areas of benefit within
the district, and may restrict the imposition of assessments to areas
lying within one or more of the zones or areas of benefit
established within the district.
(2) The assessment shall be levied on each parcel within the
boundaries of the district, zone, or area of benefit.
(f) (1) The board of supervisors shall comply with the notice,
protest, and hearing procedures in Section 53753 of the Government
Code.
(2) In addition, the mailed notice shall include the name of the
district, the return address of the sender, the amount of the
assessment for the initial fiscal year, the maximum amount of the
assessment that may be levied during any fiscal year and the name and
telephone number of the person designated by the board of
supervisors to answer inquiries regarding the protest proceedings.

6254. The assessment authorized to be assessed and levied is hereby
declared to be in the nature of a special assessment, and the
Legislature hereby finds that the owners of all winegrape plants will
be benefited by the district to the same extent and in the same
manner regardless of the age of the plants. The assessments
authorized by this article to be assessed and levied shall be
assessed and levied regardless of the age of the plants growing on
the land.

6255. The assessment so levied shall be computed and entered upon
the assessment roll by the county auditor, and if the supervisors
fail to levy the assessment as required, the auditor shall do so. The
assessment shall be collected at the same time, and in the same
manner as, and together with and not separate from, general county
taxes, and when collected shall be paid into the county treasury for
the use of the district.

6256. The general provisions of the laws of this state, prescribing
the manner of levying and collecting county taxes and the duties of
the several county officers with respect to levying and collecting
county taxes, are, so far as they are applicable and not in conflict
with the specific provisions of this article, hereby adopted and made
a part of this article. The several county officers thus referred to
shall be liable upon their several official bonds for the faithful
discharge of the duties imposed upon them by this chapter.

6256.5. The revenue from the assessments imposed pursuant to this
chapter by the district are trust funds and shall be encumbered only
for the purposes for which the district is formed and for the benefit
of the property assessed. The district shall expend the minimum
amount necessary for overhead and other administrative costs. No
district funds shall be donated, loaned, or transferred to any other
local agency or to the state for any purpose.

6257. The county treasury shall be the repository of all the moneys
of the district. The county treasurer shall receive and receipt for
all those moneys, and place the same to the credit of the district.
The county treasurer shall be responsible upon his or her official
bond for the safekeeping and disbursement, in the manner provided in
this article, of all moneys of the district so held.

6258. If a consolidated district includes parts of two or more
counties, the repository of all money of the district shall be the
county treasury of the county in which is located the largest area of
the district. Money collected for the use of the district in any
other county in which a part of the district is located shall be
transferred by the county treasurer upon warrant of the county
auditor of the county in which the money was collected to the county
treasurer of the county serving as repository for the district, in
the same manner as prescribed for the disbursement of money held for
a local district. Money derived from any county in which the district
is located may be expended in any part of the district for the
purposes authorized by this chapter, notwithstanding any other
provision of law limiting the expenditure of any such money to a
specific area or county.

6259. (a) The county treasurer shall pay out money of the district
only upon warrants of the county auditor drawn upon the order of the
board of directors of the district signed by the chairperson or vice
chairperson and attested to by the secretary. The county treasurer,
with the approval of the board of supervisors, shall pay out the
money of the district upon one master warrant of the county auditor
drawn upon the order of the board of directors of the district and
signed by the chairperson or vice chairperson and attested to by the
secretary, to meet the district's expenses, including salaries, at
such intervals as is approved by the board of supervisors.
(b) The county treasurer shall report, in writing, on the first
day of July, October, January, and March of each year, to the board
of directors, the amount of money the treasurer then holds for the
district, the amount of receipts since the last report, and the
amounts paid out. Each report shall be verified and filed with the
secretary of the district to whom it is addressed.