Pest Abatement DistrictsDistrict Powers
Section § 2855
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.
Section § 2855.3
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.
Section § 2855.7
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.
Section § 2856
This law states that you can address or eliminate a nuisance using any legal method available under this article or any other law.
Section § 2857
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.
Section § 2858
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.
Section § 2860
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.
Section § 2861
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.
Section § 2861.5
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.
Section § 2861.7
If a nuisance happens again, it can be considered as just continuing the original nuisance, not as something entirely new.
Section § 2862
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.
Section § 2862.5
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.
Section § 2863
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.
Section § 2864
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.
Section § 2864.7
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.
Section § 2865
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.
Section § 2865.5
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.
Section § 2866
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.
Section § 2867
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.
Section § 2868
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.