California Health and Safety Code 2061 – (a) Whenever a public nuisance exists on any property within a …
(a) Whenever a public nuisance exists on any property within a district or on any property that is located outside the district from which vectors may enter the district, the board of trustees may notify the owner of the property of the existence of the public nuisance.
(b) The notice required by subdivision (a) shall do all of the following:
Terms Used In California Health and Safety Code 2061
- Abate: means to put an end to a public nuisance, or to reduce the degree or the intensity of a public nuisance. See California Health and Safety Code 2002
- Board of trustees: means the legislative body of a district. See California Health and Safety Code 2002
- County: includes city and county. See California Health and Safety Code 14
- District: means any mosquito abatement and vector control district created pursuant to this chapter or any of its statutory predecessors. See California Health and Safety Code 2002
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: means land and improvements, and includes water. See California Health and Safety Code 2002
- Public nuisance: means any of the following:
California Health and Safety Code 2002
- Summons: Another word for subpoena used by the criminal justice system.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) State that a public nuisance exists on the property, describe the public nuisance, and describe the location of the public nuisance on the property.
(2) Direct the owner of the property to abate the nuisance within a specified time.
(3) Direct the owner of the property to take any necessary action within a specified time to prevent the recurrence of the public nuisance.
(4) Inform the owner of the property that the failure to comply with the requirements of the notice within the specified times may result in the district taking the necessary actions, and that the owner shall be liable for paying the costs of the district’s actions.
(5) Inform the owner of the property that the failure to comply with the requirements of the notice within the specified times may result in the imposition of civil penalties of up to one thousand dollars ($1,000) per day for each day that the public nuisance continues after the specified times.
(6) Inform the owner of the property that before complying with the requirements of the notice, the owner may appear at a hearing of the board of trustees at a time and place stated in the notice.
(c) The board of trustees shall cause the notice required by subdivision (a) to be served on the owner of the property in the same manner as a summons in a civil action. If, after a diligent search, the notice cannot be served on the owner of the property, the board of trustees shall cause the notice to be posted in a conspicuous place on the property for not less than 10 days before the hearing. Not less than 10 days before the hearing, the board of trustees shall also cause a copy of the notice to be mailed by certified mail to the owner of the property at the address shown on the most recent assessment roll of the county in which the property is located.
(d) At the hearing before the board of trustees at the time and place stated in the notice, the board of trustees shall accept written and oral testimony from the property owner and other persons. At the close of the hearing, the board of trustees shall find, based on substantial evidence in the record, whether a public nuisance exists on the property. If the board of trustees finds that a public nuisance exists, the board of trustees shall order the owner of the property to abate the public nuisance and to take other necessary actions to prevent the recurrence of the public nuisance. The board of trustees shall specify a reasonable time by which the owner of the property shall comply with these requirements.
(e) If the owner of the property does not abate the public nuisance and take the necessary actions to prevent the recurrence of the public nuisance within the time specified by the board of trustees, the district may abate the public nuisance and take the necessary actions to prevent the recurrence of the public nuisance. In addition, the board of trustees may impose civil penalties pursuant to Section 2063.
(Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)