El Dorado County Municipal Code Art. II Pear Psylla Control Agricultural Commissioners Authority to Abate Pests

This article shall be known and may be referred to in all proceedings as the County Pear Psylla Control Ordinance.

(Prior Code, § 16,201; Code 1997, § 8.16.010)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Infested with pear psylla means that evidence shows that pear psylla is present.

Pear psylla means the insect designated as Psylla pyricola.

(Prior Code, § 16,202; Code 1997, § 8.16.020)

The Board of Supervisors shall by resolution adopt a pear psylla inspection and control policy which shall contain the procedures to be followed in controlling pear psylla within the County.

(Prior Code, § 16,203; Code 1997, § 8.16.030)

A. The Agricultural Commissioner of the County, whenever he or she deems it necessary, may enter and make an inspection of any premises, tree or plant in the unincorporated territory of the County, and if found infested with pear psylla, he or she may notify in writing the record owner or person in charge or possession of the premises, tree or plant that it is infested with pear psylla, and require the person to eradicate, destroy or control, to the satisfaction of the Agricultural Commissioner, the pear psylla within a reasonable time to be specified in the notice.

B. The notice may be served upon the record owner or person having charge or possession of the premises, tree or plant infested with pear psylla, or upon the agents of either, in the same manner as a summons in a civil action, if the person can be found within the County. If no person upon whom service can be had can be found within the County after diligent search, then the notice may be served by posting copies of the notice in three conspicuous places upon the property or premises, and by mailing a copy thereof to the owner at his or her last known address or to him or her at the County seat of the county wherein the property is situated, if his or her address is not known and cannot, by the exercise of reasonable diligence, be ascertained.

(Prior Code, § 16,204; Code 1997, § 8.16.040)

The County Agricultural Commissioner is designated the officer authorized to abate as public nuisances any neglected or abandoned plants or crops which, because of the existence therein or thereon of pests or because of other conditions, constitute a menace to the agriculture of the County, district, or vicinity, or which are host plants of or provide a favorable and likely harbor for pests including pear psylla, as set forth in Division 4, Part 1, Chapter 6 of the Agricultural Code and Penal Code § 3494.

(Prior Code, § 16,205; Code 1997, § 8.16.050)

State Law reference— Authority of Commissioner to abate as a public nuisance premises, plants, conveyances or things which are infected or infested with pests, Food and Agricultural Code § 5401 et seq.

Every record owner or person in charge or possession of any premises, tree or plant infested with pear psylla who has been served with the written notice as provided in Section 8.12.140 who refuses, fails or neglects to eradicate, destroy or control to the satisfaction of the Agricultural Commissioner of the County the pear psylla within the time specified in the notice is guilty of a violation of this article and upon conviction thereof shall be punished according to the general penalties described in Chapter 1.24.

(Prior Code, § 16,206; Code 1997, § 8.16.060)