SECTIONS 8760-8772 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 8760-8772

8760. This part shall be known as the Olive, Stone, and Pome Fruit
Pest District Control Law.

8761. All of Part 5 (commencing with Section 8401) applies to
olive, stone, and pome fruit pest control districts and is hereby
incorporated in this part as though set forth in full in this part
unless a provision in this part expressly states that the provision
is not applicable to this part.

8762. Any district formed pursuant to Part 5 (commencing with
Section 8401) to control and eradicate olive, stone, and pome fruit
pests shall continue in existence without further proceedings and
shall be subject to this part.

8763. Sections 8451, 8551, 8553, 8554, 8555, 8556, 8601, 8602,
8603, and 8604, and subdivision (b) of Section 8563 do not apply to
this part.

8764. It is the purpose of this part to make available a procedure
for the organization, operation, government, and dissolution of
districts for the more effective control and eradication of olive,
stone, and pome fruit pests, whichever products the district is
established to protect.

8764.5. Proceedings for the formation of a district within any
county shall be commenced by a petition that is signed by the owners
of not less than 51 percent by area of the land in the proposed
district, which may be composed of noncontiguous parcels within the
county devoted exclusively to the growing of olive, stone, and pome
fruit trees. The petition shall be addressed to, and filed with, the
board of supervisors of the county.

8764.6. (a) In determining the boundaries of the district, the
board of supervisors shall exclude from the district any olive,
stone, and pome fruit acreage that it finds will not be benefited by
the proposed project, and it may include in the district any
noncontiguous lands that it finds will be benefited if it also finds
it will be in the interest of the district to include these lands.
The inclusion may be upon application of the owner or, without the
owner's application, upon giving the owner notice of the proposed
inclusion and an opportunity for a hearing on it.
(b) Notice of inclusion shall be mailed, postage prepaid, by the
clerk of the board of supervisors, to the address of the owner of the
land as shown by the last equalized county assessment roll, and to
any person that has filed with the clerk that person's name and
address and description of land in which he or she has either a legal
or equitable interest. The notice shall describe the land proposed
to be included, and shall state the time and place at which
objections to the inclusion will be heard.

8765. "Olive, stone, and pome fruit acreage" means any parcel,
tract, or lot of land with 10 or more olive, stone, or pome fruit
trees of any age growing on it with a commercial value of at least
two hundred fifty dollars ($250), except a parcel, tract, or lot that
is used as a nursery.

8766. The district shall have perpetual succession and may do all
of the following:
(a) Sue and be sued in all actions and proceedings in all courts
and tribunals of competent jurisdiction. Section 820.9 of the
Government Code applies to this subdivision.
(b) Adopt a seal and alter it at pleasure.
(c) Take by grant, purchase, gift, devise, lease, or otherwise,
and hold, use and enjoy, and lease, or otherwise dispose of, real and
personal property of every kind and description within or without
the district necessary to the full and convenient exercise of its
powers.
(d) Cause assessments to be levied, as provided in this chapter to
pay any obligation of the district and to accomplish the purposes of
the district in the manner provided in this part.
(e) Make contracts, and employ, except as otherwise provided in
this part, all persons, firms, and corporations necessary to carry
out the purposes and the powers of the district, and at any salary,
wage, or other compensation as the board of directors shall
determine.
(f) Eradicate, remove, or prevent the spread of any and all olive,
stone, or pome fruit pests.
(g) Enter into or upon any land included within the boundaries of
the district for the purpose of inspecting and treating the olive,
stone, or pome fruit trees and other host plants and fruit growing on
them.
(h) Perform any and all acts either within or outside the district
necessary or proper to fully and completely carry out the purposes
for which the district was organized.

8767. In order to expedite the elimination of the source of the
olive fruit fly and the apple maggot, a district may, with the
consent of the owner, remove trees that have not been determined to
be infested with the olive fruit fly or the apple maggot.

8768. The board in which the district is located shall, after
consultation with the commissioner, supervise and direct, in
accordance with the best known and accepted methods as determined by
the board, all activities undertaken by the district for the control
or eradication of olive, stone, or pome fruit pests. The board may
authorize the use of nonchemical alternatives.

8769. (a) The board, annually after the organization of the
district, shall assess any assessor's parcel of real property with 10
or more olive, stone, or pome fruit trees on it and enter as a
separate item, on an annual assessment roll for each assessor's
parcel of real property included in the district, the number of all
olive, stone, or pome fruit trees that are growing on it.
(b) For the purpose of this part, the board shall assess all
olive, stone, or pome fruit acreage at a uniform value per tree. The
assessment shall be upon a tree basis and the number of trees shall
be determined conclusively by the board counting the trees on each
assessor's parcel. The board, in counting the olive, stone, or pome
fruit trees, shall not, however, count any more than 100 trees on any
one acre of land.
(c) Upon completing the tree count within the district each year,
the board shall separately compute and certify, to the board of
supervisors, the total number of all the olive, stone, or pome fruit
trees in the district on each parcel.

8770. Whenever new acreage within the district is planted with
olive, stone, or pome fruit trees so as to qualify as olive, stone,
or pome fruit acreage, the trees are subject to assessment as
provided in this part.

8771. Whenever any olive, stone, or pome fruit trees have been
removed from any parcel of land included in the district, the owner
of the parcel of land may file with the board an affidavit
particularly describing the parcel of land, and setting forth the
fact of the removal of the trees. Upon receipt of the affidavit, the
board shall cause an investigation of the parcel of land to be made
and, if the board finds the statements in the affidavit are true, the
board shall immediately verify this fact and the amount of olive,
stone, or pome fruit trees removed shall not be assessed on the next
assessment roll.

8772. (a) The board shall, on or before the first Monday in July of
each year, file with the board of supervisors a list of assessor
parcel numbers that sets forth all assessments of the district for
the fiscal year commencing on the first day of July. At the same
time, a copy of the list shall also be filed with the auditor of the
county.
(b) The board of supervisors shall annually, at the time of
levying county taxes, levy a special assessment upon all the olive,
stone, or pome fruit trees planted or growing in the district
regardless of age, as submitted by the district pursuant to
subdivision (a). The special assessment shall be added to the secured
roll and collected by the county on behalf of the district in the
same manner that the county collects county taxes.