Mendocino County Municipal Code Ch. 10A.08 Protection Against Plant Pests

The provisions of this Chapter and the remedies provided for herein are cumulative and additional to those provided by general law, and nothing herein provided shall be construed to restrict or limit in any way the rights provided by the general laws, and particularly by the Agricultural Code of the State of California.

(Ord. No. 430, Sec. 7, adopted 1962, as amended by Ord. No. 3332, adopted 1981.)

An infectious, transmissible or contagious disease or any form of animal or vegetable life which is, or is liable to be, dangerous or detrimental to commercial deciduous fruit trees growing or being raised in the County of Mendocino, shall be considered a "plant pest", and any such pest is hereby declared to be a public nuisance and subject to abatement as such.

(Ord. No. 430, Sec. 1, adopted 1962, as amended by Ord. No. 3332, adopted 1981.)

It shall be the duty of the Agricultural Commissioner of Mendocino County hereinafter referred to as the Commissioner, to enforce the provisions of this Chapter. Whenever the Commissioner secures knowledge of the existence of any plant pest in Mendocino County, he may inspect any trees or shrubs which may be infected or infested thereby. If the Commissioner determines the same to be infected or infested by any plant pest, he may take such action to control, eradicate or destroy such plant pest as in his judgement may be required; provided that, in his judgement, the danger arising therefrom to commercial deciduous fruit trees in this County, or any part thereof, is sufficiently serious so that the expense of such control, eradication, or destruction thereof is reasonably justified. Such action by the Commissioner may include fumigation, spraying, dusting, pruning, uprooting and/or destroying infected or infested trees, plants, or other property by chemical means or otherwise; and if in the opinion of the Commissioner it is necessary, he may cause the burning of the same, or any portion thereof, or any dead wood produced therefrom, or taking any such other measures as may be reasonably required for the proper control, eradication or destruction of such pest.

(Ord. No. 430, Sec. 2, adopted 1962, as amended by Ord. No. 3332, adopted 1981.)

The Commissioner is hereby empowered to enter upon any premises upon which he may have reason to believe any such plant pest is located.

(Ord. No. 430, Sec. 2, adopted 1962, as amended by Ord. No. 3332, adopted 1981.)

It shall be the duty of every person, firm or corporation who may find evidence of the existence of any plant pest on premises owned, occupied or controlled by him or on any trees, plants, dead wood, or other property located on said premises, to immediately notify the Commissioner with such fact and furnish said Commissioner with such further information in regard thereto as he may possess, and to observe and carry into effect any orders or directions which said Commissioner may give him for the control, eradication or destruction thereof.

(Ord. No. 430, Sec. 3, adopted 1962, as amended by Ord. No. 3332, adopted 1981.)

The initial call upon a property owner or person in control of property upon which there exists abandoned, neglected or uncared for fruit trees or shrubs that constitute a public nuisance under the terms of this Chapter, shall be made by a representative of the County Department of Agriculture.

(Ord. No. 430, Sec. 4, adopted 1962, as amended by Ord. No. 3332, adopted 1981.)

Whenever the Commissioner finds evidence of the existence of any plant pest in Mendocino County, and determines that action is necessary to control, eradicate or destroy the same, he thereupon shall give notice as hereinafter provided to the person or persons who may own, occupy or control the premises upon which said plant pest is situated, stating the character of the pest and setting out his direction for the treatment, removal or destruction, whichever shall be applied thereto. Such notice shall be served upon the person owning, controlling or occupying said premises, either personally, or by depositing a copy thereof in the United States Post Office, postage prepaid, addressed to said person at his last known address, or if the same be unknown and cannot be ascertained by the use of reasonable diligence, then addressed to him at: "Ukiah, California"; and by posting three (3) copies of said Notice in a conspicuous manner in three (3) places on said premises where it is likely to be seen by the occupant thereof, for the period of at least seven (7) days.

(Ord. No. 430, Sec. 5, adopted 1962, as amended by Ord. No. 3332, adopted 1981.)

If the directions of said Commissioner as contained in said Notice are not commenced within the period of seven (7) days after such service or posting of such Notice, and completed within a period to be designated by the Commissioner, said Commissioner may cause all required work for the control, eradication and destruction of said plant pest to be done, and the expense of said work shall be a County charge, payable out of the general fund of said County, and from the date of payment, the amount so paid may be a lien on the land where said work is done and notice of such lien shall be recorded within thirty (30) days after the date of payment by the County of the last item of the cost of such work, and action to foreclose said lien shall be commenced within ninety (90) days after the recording of said Notice of Lien; and the property subject to such lien may be sold at public sale in accordance with law, and enough of the proceeds thereof paid into the County Treasury to satisfy the amount of said lien together with penalties and costs; and the overplus, if any thereby, shall be paid to the person entitled to same.

Provided, however, that in case of any emergency where extreme danger to plant life of the County of Mendocino is liable to be created unless immediate measures for the control, eradication or destruction of said plant pests are taken, the Commissioner may dispense with said Notice and proceed forthwith to control, eradicate, or destroy the same.

(Ord. No. 430, Sec. 5, adopted 1962, as amended by Ord. No. 3332, adopted 1981.)

It shall be unlawful for any person, firm or corporation to violate any of the provisions of this Chapter, or to fail to neglect to carry out any of the directions given to him by the Commissioner under the provisions of this Chapter within the time specified in said directions. Any violation of the provisions of this Chapter or of said directions or orders of said Commissioner shall constitute and be a misdemeanor, and shall be punishable by a fine of not more than two hundred dollars ($200.00), or by confinement in the county jail of Mendocino County for not more than thirty (30) days, or by both such fine and imprisonment.

(Ord. No. 430, Sec. 6, adopted 1962, as amended by Ord. No. 3332, adopted 1981.)

If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The Board of Supervisors hereby declares that it would have passed this ordinance, and each section, subsection, clause and phrase thereof, irrespective of the fact that any one or more sections, subsentences, sentences, clauses, or phrases is to be held invalid.

(Ord. No. 430, adopted 1962, as amended by Ord. No. 3332, adopted 1981.)

Whereas, the recent infestation of pear sylla within certain portions of the County of Mendocino has become a menace to the orchardists in the County and immediate steps are necessary to control such insect, and it is necessary for the immediate preservation of the public peace, health and safety that this Chapter shall take effect immediately upon its passage.

(Ord. No. 430, adopted 1962, as amended by Ord. No. 3332, adopted 1981.)