Yuba County Municipal Code Ch. 6.27 Fees for Apiaries

Pursuant to Food and Agricultural Code §§ 29112, 29154, the Yuba County Agricultural Commissioner shall charge a fee equal to the actual cost of providing the following services or functions:

(1) Inspection of apiaries in connection with the issuance of a certificate as to the condition of an apiary which is to be transported to another state. Such inspection shall be made only upon written request.

(2) Inspection of apiaries found to be infected with America foulbrood in two percent or more of the colonies in the apiary.

(3) Abatement of bee colonies infected with American foulbrood when the owner or operator of the apiary fails or refuses to abate the diseased colonies within the time required by law.

(4) Inspection of apiaries used in crop pollinator for the purpose of determining colony strength. Such inspection shall be made only upon written request.

(5) All other apiary inspections wherein the charging of fees is authorized by provisions of the Food and Agricultural Code and/or by the Yuba County Ordinance Code.

(Prior Code, § 6.27.010; Ord. No. 892; Ord. No. 974)

Pursuant to Food and Agricultural Code § 29304, each beekeeper, apiary owner, apiary operator, or person in possession of any apiary, shall pay, in addition to any other fees imposed under this Chapter, an annual registration fee to the Agricultural Commissioner of $10.00 to cover the cost of apiary registration.

(Prior Code, § 6.27.020; Ord. No. 892)

State Law reference— Similar provisions, Food and Agricultural Code § 29044.

For the purposes of Section 6.27.010, actual cost shall be based on an hourly rate determined by the average salary of all Agricultural and Standards Specialists employed by the County who are qualified as apiary inspectors plus 25 percent for overhead and administration plus a mileage cost as charged to the Agricultural Commissioner by the County.

(Prior Code, § 6.27.030; Ord. No. 892)

The hourly rate and mileage cost shall be computed as of July 1 of each year and shall remain as so determined until and including June 30 of the following year. Such computations and the basis therefore shall be open to public inspection in the office of the Agricultural Commissioner.

(Prior Code, § 6.27.040; Ord. No. 892)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.