El Dorado County Municipal Code Art. III Pear Blight Control

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State Law reference— Authority of County Agricultural Commissioner to enforce regulations of State Department of Food and Agriculture pertaining to the growing or handling of fruits, nuts, or vegetables, Food and Agricultural Code § 42651.

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

(Prior Code, §.16,101; Code 1997, § 8.12.010)

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:

Infected or infested with pear blight means that evidence shows that pear blight is or has been present.

Pear blight means the disease of pome fruits designated as Bacillus amylovorus (Burr).

(Prior Code, § 16,102; Code 1997, § 8.12.020)

A. The County Agricultural Commissioner, 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 infected or infested with pear blight, 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 infected or infested with pear blight, and require the person to eradicate, destroy or control, to the satisfaction of the Agricultural Commissioner, the pear blight within a certain 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 infected or infested with pear blight 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 after diligent search within the County, then the notice may be served by posting copies of it 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; and if the address is not known, and cannot by the exercise of reasonable diligence be ascertained, then to him or her at the County seat of the county wherein the property is situated.

(Prior Code, § 16,103; Code 1997, § 8.12.030)

Every record owner or person in charge or possession of any premises, tree or plant infected or infested with pear blight who has been served with the written notice as provided in Section 8.12.230 who refuses, fails or neglects to eradicate, destroy or control, to the satisfaction of the Agricultural Commissioner of the County, the pear blight within the time specified in the notice is guilty of a violation of this article, and upon conviction shall be punished according to the general penalties described in Chapter 1.24.

(Prior Code, § 16,104; Code 1997, § 8.12.040)