Section § 2822

Explanation

This law explains that forming a pest abatement district in California starts with a petition. The petition must detail the boundaries of the district and identify the specific pests to be managed.

The organization of a pest abatement district may be initiated by a petition, describing the exterior boundaries of the proposed district, and the nature of the pest or pests to be controlled or abated.

Section § 2822.5

Explanation

This law requires that a petition outline how property in a district will be taxed for district purposes. It can also propose special zones or plans to ensure fair distribution of financing responsibilities within the district.

The petition shall state the basis on which the property in the district shall be taxed for district purposes. The petition may include a plan for zones of benefit or other proposal which would provide equity in financing the district’s purposes.

Section § 2823

Explanation

This law section states that a petition can determine the highest amount of assessments, or charges, that a district can impose.

The petition may fix the maximum rate of assessments that may be levied by the district.

Section § 2824

Explanation

If you want to create a petition to form a new district, it needs to be signed by registered voters who live in that area. The number of signatures required should be at least 10% of the total votes cast for the Governor in the last election in that area. The petition can be made up of multiple documents as long as they're the same, except for the parts where signers and their addresses are written.

The petition shall be signed by registered voters residing in the proposed district equal in number to ten per cent of the votes cast in the proposed district for Governor at the last preceding gubernatorial election. The petition may consist of any number of separate instruments, which shall be duplicates, except for the signatures and addresses of the signers. Each person who signs the petition shall also state his address.

Section § 2825

Explanation

If you want to propose a district in California, you need to submit a petition to the county clerk where the land is located. The clerk's job is to check the signatures on your petition to make sure they match the signatures in the voter records to verify if the petition has enough valid signatures.

The petition shall be presented to the clerk of the county in which the land in the proposed district is situated. The clerk shall compare the signatures on the petition with the signatures of the registered voters on his records for the purpose of ascertaining whether the petition meets the signature requirements of this article.

Section § 2826

Explanation

If a petition doesn't have enough signatures, the county clerk will confirm this. You then have sixty days to gather more signatures to add to the original petition. These new signatures will be checked the same way as the first ones. If you still don't have enough, the process will stop, but you can file a new petition if you want.

If the petition lacks sufficient signatures the county clerk shall certify that fact, and at any time within sixty days thereafter additional signatures may be presented to supplement the signatures on the original petition. The additional signatures shall be compared by the clerk in the same manner as the original signatures. If sufficient additional signatures are not presented, proceedings under the petition shall be terminated, without prejudice to the right to file a new petition.

Section § 2827

Explanation

This section explains that if a petition has enough valid signatures, the clerk must create a certificate confirming this and then present both the petition and the certificate to the board of supervisors.

If the petition contains the requisite number of signatures the clerk shall make a certificate to that effect, and shall present the petition and his certificate to the board of supervisors.

Section § 2828

Explanation

If the county's board of supervisors determines that a petition is in order, they must set a hearing date for it. This hearing must occur between two to five weeks from when the petition is submitted. Additionally, they need to announce the hearing's date and location in a widely-read local newspaper for at least two weeks before the hearing.

If the board of supervisors finds that the petition has been properly presented, the board shall, by resolution, fix a time for hearing the petition, which shall be not less than two nor more than five weeks from the time of its presentation. It shall also publish a notice of the time and place of the hearing in a newspaper of general circulation, printed and published in the county, for not less than two weeks prior to the time of the hearing.

Section § 2829

Explanation

This section describes that during the hearing about forming a district, the board of supervisors will listen to all relevant and important testimony and evidence. They will consider arguments for and against creating the district and the proposed financing method.

At the time of the hearing, or at any time to which it may be adjourned, the board of supervisors shall hear and consider all competent and relevant testimony or evidence offered in support of, or in opposition to, the formation of the district, and the proposed method of financing.

Section § 2830

Explanation

This law allows the board of supervisors to change the boundaries of a proposed district. They can remove land from the district if the owner requests it or add land that is next to the district, also upon the owner's request. This is only if they find the change to be appropriate.

The board of supervisors may make such changes in the proposed boundaries of the district as it may consider advisable. It may exclude any land in the proposed district upon the application of the owner, or it may include any land outside and contiguous to the proposed district upon the application of the owner, if it determines that the exclusion or inclusion is proper.

Section § 2831

Explanation

When a hearing is held about creating a new district, the board of supervisors decides if forming the district benefits the public and the area's residents. If they agree it's beneficial, they will officially announce their decision and set the district's boundaries and name.

If, upon the hearing, the board of supervisors determines that the public interest or welfare of the proposed territory and its inhabitants requires the formation of the district, it shall, by resolution, declare its findings and order that the territory within the boundaries determined by it is a district, under an appropriate name to be selected by it.

Section § 2832

Explanation

When a pest abatement district is created, the clerk must promptly record and file certified copies of the order with both the county recorder and the Secretary of State. This officially establishes the district, granting it specific rights and powers to manage pest control.

The clerk of the board of supervisors shall immediately record a certified copy of the order in the office of the county recorder in which the district is situated and also file a certified copy with the Secretary of State. The district is then formed as a pest abatement district, with all of the rights, privileges, and powers set forth in this chapter, and those necessarily incident thereto.

Section § 2833

Explanation

This law allows the district board to change the district's name. If there is a good reason to do so, the board can pass a resolution to make the name change, but it must be approved by at least two-thirds of the board members. Once the decision is made, they must send a certified copy of the resolution to the county's board of supervisors where the district is located.

If at any time after the board of supervisors has entered its order for organization good cause appears therefor, the district board may, by a two-thirds vote of its members, adopt a resolution reciting the facts, declaring the advisability for a change of the district’s name, and setting forth therein a new name for the district. A certified copy of such resolution shall be transmitted to the board of supervisors of the county in which the district is situated.

Section § 2834

Explanation

When a district's name is officially changed through a resolution, the board of supervisors must do several things. First, they must formally update the district's name according to the resolution. Then, they need to record the updated order with the county recorder's office where the district is located. They also have to file the order with both the Secretary of State and the State Board of Equalization. Once the filing is complete with the Secretary of State, the new name becomes the district's official name.

Upon receipt of the certified copy of the resolution the board of supervisors shall:
(a)CA Health & Safety Code § 2834(a)  Enter an order changing the district’s name to the name set forth in the resolution.
(b)CA Health & Safety Code § 2834(b)  Record a certified copy of the order in the office of the county recorder of the county in which the district is situated.
(c)CA Health & Safety Code § 2834(c)  File a certified copy of the order in the office of the Secretary of State.
(d)CA Health & Safety Code § 2834(d)  File a certified copy of the order in the office of the State Board of Equalization.
From and after the date of the filing of the certified copy with the Secretary of State the new name shall be the official name of the district.

Section § 2835

Explanation

This section allows the board of supervisors, after notifying the public and holding a hearing, to work with the district board to update the list of pests that the district can manage. They can also review and change how the district collects taxes, similar to setting up a new district.

Upon a petition adopted by a four-fifths vote of the district board, or upon its own motion following the notice the board of supervisors deems sufficient and a public hearing, the board of supervisors, may, with the concurrence of the district board, add to, or delete from, the list of pests which the district may control. The board of supervisors at the hearing may also consider, and make changes in, the method of district taxation, as authorized by Section 2822.5, as though a new district were being formed.