Yolo County Municipal Code Art. 2 Agricultural Nuisances

(a) Under Section 25842 of the Government Code, the Board of Supervisors may provide for the control or destruction of gophers, squirrels, vermin, other wild animals, noxious weeds, plant diseases, and insects injurious to fruit or fruit trees, vines, vegetables, or plant life. These items are considered to be Agricultural Nuisances. Section 25845 of the Government Code provides that the Board of Supervisors may establish by ordinance a procedure for the abatement of a nuisance.

(b) At present, the enforcement provisions of the Food and Agriculture Code are set forth in Chapters 6 and 7, Part 1, Division 4. These provisions call for a lien to be recorded on the subject property within 120 days in the event of non-payment. If no payment is received within 120 days of recording the district attorney is required to foreclose on the lien or the lien ceases to exist. This enforcement provision is onerous and virtually impossible to implement.

(c) The Board finds that prompt and effective control of Agricultural Nuisances is essential to protect our agricultural operations. An ordinance with reasonable enforcement provisions is essential to accomplish this. This ordinance provides for the collection of unpaid abatement costs by the Treasurer-Tax Collector with the same priority as other County taxes as provided for under Section 25845(d) of the Government Code.

For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases are defined as follows:

(a) “Abatement” shall include the eradication, destruction, or control, to the satisfaction of the Agricultural Commissioner, of the Agricultural Nuisance.

(b) “Agricultural Nuisance” include, but are not limited to, gophers, squirrels, vermin, other wild animals, noxious weeds, plant diseases, and insects injurious to fruit or fruit trees, vines, or vegetable or plant life.

(c) “County Code” means the Yolo County Code.

(d) “Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

(e) “Responsible Person” is the person having control of or acting as an agent for the property. The term “Responsible Person” includes but is not limited to a property owner, tenant, or a person with a legal interest in, or possession of, real property where a nuisance occurs or exists.

The provisions of this chapter are not the exclusive regulation of Agricultural Nuisances within the unincorporated area of the County. The provisions of this chapter shall supplement and be in addition to the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the County, the State, or any other legal entity or agency having jurisdiction.

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Agricultural Commissioner. In the enforcement of the provisions of this chapter, the Agricultural Commissioner or his designees may enter upon both private and public property to determine whether an Agricultural Nuisance exists pursuant to the provisions of this chapter.

Whenever an Agricultural Nuisance is ascertained to exist by the Agricultural Commissioner, the Agricultural Commissioner shall notify the person having control of or acting as an agent for the property, to abate or remove such nuisance within thirty (30) calendar days. Upon neglect or refusal of such person to comply with such notice, the Agricultural Commissioner may abate such nuisance, and the person having control of such premise or place, shall be liable to the County of Yolo for the cost of such abatement as provided for in Section 10-6.216.

The form of all Notices to Abate given under this Chapter shall be as follows:

(a) All notices shall be in writing;

(b) All notices shall include a description of the premises sufficient for identification;

(c) All notices shall include a statement as to what Agricultural Nuisance exists on the property and why the notice is being issued;

(d) All notices shall state that the Responsible Person has thirty (30) calendar days to abate the Agricultural Nuisance;

(e) All notices shall inform the Responsible Person of the right to appeal to the Agricultural Nuisance Appeals Board in writing within fifteen (15) days of receiving the Notice to Abate; and

(f) All notices shall include notification that should the Responsible Person fail to abate the Agriculture Nuisance, the Agricultural Commissioner or his designee shall have the right to abate such nuisance, and that the Responsible Person shall be liable to the County of Yolo for the cost of such abatement as provided for in Section 10-6.216.

A Notice to Abate or Remedy shall be served in the following manner:

(a) Personal Service. In any case, where a Notice to Abate is issued:

(1) The Agricultural Commissioner or his designee shall attempt to locate and personally serve the Responsible Person and attempt to obtain the signature of the Responsible Person on the Notice to Abate.

(2) If the Responsible Person served refuses or fails to sign the Notice to Abate, the failure or refusal to sign shall not affect the validity of the Notice to Abate or of subsequent proceedings.

(b) Service of Notice to Abate by Mail and Posting. If the Agricultural Commissioner is unable to locate the Responsible Person after reasonable efforts, the Notice to Abate shall be mailed by certified mail, postage prepaid with return receipt to the owner of the land as shown on the last equalized County assessment roll, to the last registered legal owner of record, and any other address that is reasonably calculated to give the Responsible Person actual notice of the Notice to Abate. The Agricultural Commissioner shall also post the Notice to Abate on the subject real property within the County. Service shall be effective upon mailing or posting, whichever is later.

The Agricultural Nuisance Appeals Board shall consist of the same members as the Right To Farm Grievance Committee established in Section 10-6.104(c) of the Yolo County Code.

The Responsible Person may request a hearing in writing with the Agricultural Nuisance Appeals Board within fifteen (15) calendar days of service of notice to abate or remove. A request for a hearing shall temporarily suspend the obligation to abate or remove the Agricultural Nuisance demanded in the Notice until the appeal has been heard. Such hearing shall take place as soon as practicable after the request is made. The right to an appeal shall be deemed waived if the Responsible Person fails to request an appeal within fifteen (15) calendar days of service of the Notice to Abate.

Notice of a hearing shall be mailed at least ten (10) days before the hearing by certified mail, with return receipt, to the person requesting the hearing. Notice shall also be provided to the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record. If any of such notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten (10) days from the date of such return.

All hearings held pursuant to the provisions of this chapter shall be held before the Agricultural Nuisance Appeals Board, which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the property, or part thereof, and the circumstances concerning the Agricultural Nuisance. The Agricultural Nuisance Appeals Board shall not be limited by the technical rules of evidence. The person requesting the appeal may appear in person at the hearing, or present a written statement in time for consideration at the hearing, and deny responsibility for the Agricultural Nuisance on the land, with his or her reasons for such denial.

The Agricultural Nuisance Appeals Board may recommend to the Board of Supervisors such conditions and other actions as it deems appropriate under the circumstances to carry out the purposes of this chapter, including, but not limited to, a delay in the time for removal of the Agricultural Nuisance, if, in its opinion, the circumstances so justify. At the conclusion of the hearing, the Agricultural Nuisance Appeals Board may determine that the property, or part thereof, is an Agricultural Nuisance, and recommend that the nuisance be removed from the property and disposed of as provided for in this chapter. The Agricultural Nuisance Appeals Board may also determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the Agricultural Nuisance is located in accordance with Section 10-6.216. The recommendation of removal shall include a description of the property, or part thereof, the correct assessor’s parcel number and the Agricultural Nuisance to be removed from the property. If a written presentation is made to the Agricultural Nuisance Appeals Board, the person providing the written presentation shall be notified in writing of the recommendation.

The Board of Supervisors may adopt the recommendation of the Agricultural Nuisance Appeals Board without further notice of hearing or may set the matter for hearing at a regular Board meeting.

Should the Board of Supervisors adopt the recommendation of the Agricultural Nuisance Appeals Board, notice of the decision shall be provided to the person who requested the hearing, as well as the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record.

Should the Board of Supervisors set the matter for hearing at a regular Board meeting, notice of the hearing shall be mailed to the person who requested the hearing. Notice shall also be provided the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record. Notice shall be given at least ten (10) days before the hearing by certified mail, with a return receipt. If any of such notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten (10) days from the date of such return.

Unless otherwise provided for at the hearing, within fifteen (15) days after the adoption of the decision declaring the property, or parts thereof, to be an Agricultural Nuisance, the Agricultural Nuisance must be removed or remedied.

Consistent with California Government Code Section 25845(a), nothing in this Section is intended to prohibit the summary abatement of an Agricultural Nuisance by the Agricultural Commissioner, if the Agricultural Commissioner determines that the Agricultural Nuisance constitutes an immediate threat to public health or safety.

When the Agricultural Commissioner has contracted for the removal of an Agricultural Nuisance declared pursuant to the provisions of this chapter, such person shall be authorized to enter upon the property to remove or cause the removal the Agricultural Nuisance.

Consistent with California Government Code Section 25845(b), the owner of the property upon which an Agricultural Nuisance is found to exist shall be liable for all costs of abatement incurred by the County, including, but not limited to, administrative costs and any and all costs incurred in the physical abatement of the nuisance. An invoice detailing these costs shall be mailed to the Responsible Person, the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record.

If the costs of abatement which are charged against the owner of a parcel of land pursuant to the provisions of Section 10-6.216 of this chapter are not paid within thirty (30) days from the date payment is requested, pursuant to the provisions of Section 25845(d) of the Government Code, such costs shall be specially assessed against the parcel of land and shall be transmitted to the Treasurer-Tax Collector for collection in the same manner as ordinary County taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary County taxes. Such assessment shall have the same priority as other County taxes and all laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment.

If the cost of the abatement is assessed against the parcel, a Notice of Abatement Lien shall be recorded. The notice shall (1) identify the record owner or possessor of property, (2) state the last known address of the record owner or possessor, (3) state the date upon which abatement of the nuisance was ordered and the date the abatement was completed, and (4) include a description of the real property subject to the lien and the amount of the abatement cost. Recordation of a Notice of Abatement Lien has the same effect as recordation of an abstract of a money judgment. The lien created has the same priority as a judgment lien on real property and continues in effect until released. Upon order of the Agricultural Commissioner, and Notice of Abatement Lien created under this section may be released or subordinated in the same manner as a properly recorded judgment lien on real property may be released or subordinated. (§ 1, Ord. 1333, effective May 26, 2005)