Section § 2855

Explanation

This section outlines the powers and responsibilities of a district board. They're allowed to purchase supplies, hire workers, and acquire real estate necessary for the district's operation. They can sell or lease district property, make agreements to compensate for damages, and engage in legal actions.

The board can enter properties to check for pests, eliminate public nuisances, or verify compliance with their orders, sometimes using chemical or biological treatments. They can also impose fines up to $500 per day if orders to fix nuisances aren't followed. Additionally, the board can take action if the pests are considered "vectors," as defined elsewhere. Overall, the board can do whatever's needed to fulfill its mission.

The district board may do all of the following:
(a)CA Health & Safety Code § 2855(a)  Purchase supplies and other personal property.
(b)CA Health & Safety Code § 2855(b)  Employ necessary labor.
(c)CA Health & Safety Code § 2855(c)  Acquire by purchase, condemnation, or otherwise, in the name of the district, any lands, rights-of-way, easements, or other real property necessary for the district.
(d)CA Health & Safety Code § 2855(d)  Sell or lease any lands, rights-of-way, easements, material, or other property, real or personal, acquired by the district.
(e)CA Health & Safety Code § 2855(e)  Make contracts to indemnify or compensate any owner of land or other property for any injury or damage caused by the exercise of the powers conferred by this chapter or of powers incident to those powers.
(f)CA Health & Safety Code § 2855(f)  Sue and be sued.
(g)CA Health & Safety Code § 2855(g)  Enter upon, without hindrance or notice, any property, either within the district or so reasonably adjacent that pests may disperse into the district, for any of the following purposes:
(1)CA Health & Safety Code § 2855(g)(1)  To inspect to ascertain the presence of pests or their breeding places.
(2)CA Health & Safety Code § 2855(g)(2)  To abate public nuisances in accordance with this article through direct control or through notice to the property owner to abate the public nuisance.
(3)CA Health & Safety Code § 2855(g)(3)  To ascertain if a notice to abate a public nuisance has been complied with.
(4)CA Health & Safety Code § 2855(g)(4)  To treat the property with any physical, chemical, or biological control measures deemed appropriate by the district board.
(h)CA Health & Safety Code § 2855(h)  Assess civil penalties, as determined in the discretion of the district board, but not to exceed five hundred dollars ($500) per day for each day that a notice or hearing order to abate a nuisance has not been complied with.
(i)CA Health & Safety Code § 2855(i)  Exercise the powers authorized by Section 2270 if the pests the district is empowered to control fall within the meaning of “vector,” as defined in subdivision (f) of Section 2200.
(j)CA Health & Safety Code § 2855(j)  Do everything necessary to carry out the powers conferred by this chapter and carry out the objects of the formation of the district.

Section § 2855.3

Explanation

If a district sells real estate, it must do so through a public auction held at a location specified by the district board. The property goes to the highest bidder, and the auction must be advertised in a local newspaper for two weeks. If there's no local newspaper, notices must be posted in three public spots in the district for two weeks.

Every sale of real property made pursuant to subdivision (d) of Section 2855 shall be made at such place within the district as the district board shall specify, and such real property shall be sold to the highest bidder at public auction, after notice of sale is published once a week for two successive weeks in a newspaper of general circulation published in the district or county. If a newspaper of general circulation is not printed and published within such district or county, public notice of the sale shall be given for at least two weeks by notices posted in three public places in the district.

Section § 2855.7

Explanation

This law allows a district board to borrow money within a fiscal year as long as they don't exceed the expected revenue for that year. The borrowed money must be repaid in the same fiscal year. The interest rate on borrowed funds cannot be more than 6% per year.

The district board can also issue payment warrants, which are like IOUs, to be paid later in the same fiscal year. These warrants can include terms for interest as agreed in the repayment terms.

The district board may borrow money in any fiscal year, which shall not exceed the anticipated revenue of that fiscal year and which shall be repaid in the same fiscal year. Such money shall be borrowed upon such other terms as the board shall fix; provided, that interest shall not exceed 6 percent, computed annually or semiannually.
The district board may also issue warrants payable upon a future date in the same fiscal year as issued, which shall be evidentiary of the obligation to repay the money so borrowed and interest thereon, and for that purpose such warrant may bear such interest as is fixed by the terms of the agreement to repay.

Section § 2856

Explanation

This law states that you can address or eliminate a nuisance using any legal method available under this article or any other law.

Any nuisance may be abated in any action or proceeding by any remedy provided by this article or any other law.

Section § 2857

Explanation

This law allows a district board to send a written notice to the owner or occupant of a property where there is a nuisance, like pests, that could affect the district. This is also applicable to properties outside the district if the pests are spreading into the district. The notice must follow specific content requirements found in another section, Section 2858.

Whenever a nuisance exists upon any property, either in the district or in territory not in the district but so situated with respect to the district that pests from the territory migrate into, or otherwise encroach upon, the district, the district board may notify in writing the owner or party in possession, or the agent of either, of the existence of the nuisance. The contents of the written notice shall conform to the requirements of Section 2858.

Section § 2858

Explanation

This law describes what a notice must include when a district identifies a public nuisance on a property. It must state that the nuisance exists and its location on the property. The notice must instruct the property owner or possessor to eliminate the problem (pests) within a certain time and take steps to prevent it from happening again. If they don't comply, they can face a fine of up to $500 for each day the issue continues past the deadline. The notice also informs them of their right to a hearing with the district board before taking any action. It must be served to both the property owner and the person in charge of the property, if that person is different from the owner.

The notice required by Section 2857 shall include all of the following:
(a)CA Health & Safety Code § 2858(a)  State the finding of the district that a public nuisance exists on the property and the location of the nuisance on the property.
(b)CA Health & Safety Code § 2858(b)  Direct the owner or party in possession to abate the nuisance within a specified time by destroying the pests which are present.
(c)CA Health & Safety Code § 2858(c)  Direct the owner or party in possession to perform, within a specified time, any work necessary to prevent the recurrence of the pests in the places specified in the notice.
(d)CA Health & Safety Code § 2858(d)  Inform the owner or party in possession that failure to comply with the requirements of subdivision (b) shall subject the owner or party in possession to civil penalties of not more than five hundred dollars ($500) per day for each day the nuisance continues after the time specified for the abatement of the nuisance in the notice.
(e)CA Health & Safety Code § 2858(e)  Inform the owner or party in possession that before complying with the requirements of the notice, the owner or party in possession may appear at a hearing before the district board at a time and place stated in the notice.
The notice shall be served upon the owner of record and the person having charge or possession, if other than the owner of record, of the property upon which the nuisance exists, and may be served by any person authorized by the district board in the same manner as a summons in a civil action.

Section § 2860

Explanation

If a property in a district is owned by someone who doesn't live there and no one is available to receive legal notices, the law allows for notification by posting it on the property for 10 days. Additionally, a copy must be mailed to the owner's address as listed on the county's most recent assessment roll, or to their last known address if no address is listed.

If the property is owned by a person who is not a resident of the district, and is not in charge or possession of any person, and there is no tenant or agent of the owner upon whom service can be made, who can after diligent search be found; or if the owner of record of the property cannot after diligent search be found, the notice may be served by posting a copy in a conspicuous place upon the property for a period of 10 days, and by mailing a copy to the owner of record addressed to his address as given on the last completed assessment roll of the county in which the property is situated, or, in the absence of an address on the roll, to his last known address.

Section § 2861

Explanation

If you own or possess property and receive a notice about a nuisance, you have the right to attend a hearing with the district board. At this hearing, you can present your side, and the board will decide if a nuisance truly exists on your property. If they find that it does, they'll ask you to fix the issue as outlined in the notice or follow other given instructions.

If you don't comply with the board's decision, you could face a daily fine of up to $500 until the issue is resolved.

Before complying with the requirements of the notice, the owner or party in possession may appear at a hearing before the board at a time and place fixed by the board and stated in the notice. At the hearing the district board shall determine whether the initial finding as set forth in the notice is correct and shall permit the owner or party in possession to present testimony in his behalf. If, after hearing all the facts, the board makes a determination that a nuisance exists on the property, the board shall order compliance with the requirements of the notice or with alternate instructions issued by the board.
Any failure to comply with any such order of the board issued pursuant to this section shall subject the owner or party in possession, if other than the owner of record, to civil penalties of not to exceed five hundred dollars ($500) per day for each day such order is not complied with.

Section § 2861.5

Explanation

This law states that if you need to challenge or review an administrative decision made under this chapter, you must do so following the guidelines set in Section 1094.5 of the California Code of Civil Procedure.

Any judicial review of administrative procedure provided for in this chapter shall be pursuant to Section 1094.5 of the Code of Civil Procedure.

Section § 2861.7

Explanation

If a nuisance happens again, it can be considered as just continuing the original nuisance, not as something entirely new.

Any recurrence of the nuisance may be deemed to be a continuation of the original nuisance.

Section § 2862

Explanation

If a problem, called a nuisance, isn't fixed by the deadline given in a notice or after a hearing, the district board has the authority to step in and fix the problem themselves.

If the nuisance is not abated within the time specified in the notice or an order following the hearing, the district board may abate the nuisance.

Section § 2862.5

Explanation

If there's a nuisance on a property, the owner has to pay the district to fix it. However, before this payment is required, the district must hold a hearing giving the owner a chance to speak. The district must then decide if a nuisance is present or was present before they fixed it.

The cost of abating a nuisance shall be repaid to the district by the owner of the property. However, the owner shall not be required to pay for the costs unless, either prior to or subsequent to the abatement by the district, a hearing is held by the district board, at which the property owner is afforded an opportunity to be heard, and the district board determines that a nuisance actually exists or that a nuisance existed prior to the abatement by the district.

Section § 2863

Explanation

This law explains what happens if there's a nuisance on property controlled by a state or local agency. The district must notify the agency, and there are specific rules about what the notice should include and how it's delivered. The agency has a right to a hearing to discuss the issue. If the agency disagrees with the district's order, they can appeal to the State Director of Health Services within 10 days of the hearing. The director has 30 days to make a final decision. If the district handles the nuisance, the costs will be taken from the agency's funds.

Agencies and districts can also make contracts to manage nuisances together. This authority is in addition to any existing powers they have to handle public nuisances. A 'state agency' refers to entities defined in the Government Code, and a 'local agency' includes cities, counties, districts, and similar public organizations.

When any nuisance is found to exist on any property subject to the control of any state or local agency, the district shall notify the state or local agency of the existence of the nuisance. Sections 2858, 2860, 2861, 2861.5, and 2862 shall govern the contents of the notice and the manner of serving it, the right of the state or local agency to a hearing before the board, the hearing before the board, and the power of the district to abate the nuisance if it is not abated by the state or local agency. If the state or local agency determines that the order to prevent recurrence of the breeding specified in the notice to abate the nuisance is excessive or inappropriate for the intended use of the land, or if the state or local agency determines that a nuisance, as specified in Section 2800.5, does not exist, the agency may appeal the decision of the board to the State Director of Health Services within 10 days subsequent to the hearing. The director shall decide the matters on appeal and convey his or her decision to the agency and district within 30 days of the receipt of the appeal. The decision of the director shall be final and conclusive. If the control of the nuisance is performed by the district, the cost for that control is a charge against, and shall be paid from, the maintenance fund or from other funds for the support of the state or local agency.
Any state or local agency and a district may enter into contractual agreements to provide control of nuisances. The authority which is granted by this paragraph is in addition to any other authority which a state or local agency and a district may have to enter into contractual agreements for the control of public nuisances, as defined in Section 2800.5.
As used in this section, “state agency” means an agency defined in Section 11000 of the Government Code, and “local agency” means a city, county, city and county, district, or other public corporation.

Section § 2864

Explanation

This law states that if a property owner or tenant doesn't pay for the costs the district spent on cleaning up a nuisance or preventing it from happening again, or if they fail to pay any civil penalties, those costs or penalties become a lien on the property. This means the property can be held as security for the debt. However, if the property was sold before the lien was officially recorded, the lien does not attach to the property. Instead, the debt remains with the person who owned the property when the costs were incurred, and the district can pursue payment from them directly as per Section 2866.

Upon the failure of the property owner or the person in possession of the property to pay the district for all sums expended by the district in abating a nuisance or preventing its recurrence, or upon the failure to pay all civil penalties, the costs or penalties, or both, shall become a lien upon the property on which the nuisance was abated or its recurrence prevented when notice of the lien is filed and recorded. However, if the property has been conveyed prior to the recordation of the lien, the lien shall not attach to the real property, but shall remain the debt of the person who owned the land at the time the costs were incurred, and the debt may be recovered by the district board against the debtor, as provided in Section 2866.

Section § 2864.7

Explanation

This law allows a filed and recorded lien to be given to the county assessor and tax collector. When they receive the lien, they must add the lien amount to the next standard tax bill for the property involved. This addition is specifically for the objectives of the district.

A copy of the filed and recorded lien may be given to the county assessor and tax collector, who, upon receipt of the lien, shall add the amount of the lien to the next regular tax bill levied against the parcel for district purposes.

Section § 2865

Explanation

This law specifies that, when property is assessed and taxes are collected by the county assessor and tax collector for a district, a certified copy of the lien on that property must be filed with the county auditor by August 10th. The parcels should be described as they are on the county assessor’s current map books.

If the county assessor and the tax collector assess property and collect taxes for the district, a certified copy of the lien shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor’s map books for the current year.

Section § 2865.5

Explanation

In California, the county auditor is responsible for recording any liens against a piece of property on the county tax roll, right next to that property's listing.

The county auditor shall enter each lien on the county tax roll opposite the parcel of land.

Section § 2866

Explanation

This law explains that the amount due from a lien will be collected like regular county taxes and will face the same penalties if not paid on time. If the property in question is sold to a genuine buyer or has a legitimate lien created on it before taxes go unpaid, then the abatement costs won't create a lien on the property. Instead, those costs will be collected through unsecured means.

The amount of the lien shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency, as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes shall be applicable to the lien, except that if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property, but instead shall be transferred to the unsecured roll for collection.

Section § 2867

Explanation

This law states that lien rules don’t apply to properties owned by counties, cities, districts, or other public entities. However, these entities must pay back any costs that a district spends on their property once the district submits a verified bill or claim.

The lien provisions of this article do not apply to the property of any county, city, district, or other public corporation. However, the governing body of the county, city, district, or other public corporation shall repay to a district the amount expended by the district upon any of its property under this article upon presentation by the district board of a verified claim or bill.

Section § 2868

Explanation

This law section states that when a county collects money from a lien mentioned in this article, the funds (except those directed to the county's general fund as per a specific government code) should be given to the district involved.

Any amounts collected by a county on account of a lien authorized by this article, other than the amounts requested to be paid into the county general fund pursuant to Section 29304 of the Government Code, shall be paid to the district.