2005 California Health and Safety Code Sections 2060-2067 Article 5. Abatement

2060.  (a) A district may abate a public nuisance pursuant to this
article.
   (b) The person or agency claiming ownership, title, or right to
property or who controls the diversion, delivery, conveyance, or flow
of water shall be responsible for the abatement of a public nuisance
that is caused by, or as a result of, that property or the
diversion, delivery, conveyance, or control of that water.
2061.  (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:
   (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.
2062.  (a) A board of trustees shall not declare an agricultural
operation to be a public nuisance because of the presence of immature
flies if the board determines that the agricultural operation is
designed and managed consistent with the accepted standards and
practices for controlling fly development on similar agricultural
operations.
   (b) As used in this section, "accepted standards and practices"
means those standards and practices determined by the University of
California Cooperative Extension, the department, or local public
health agencies.  These standards and practices include, but are not
limited to, all of the following:
   (1) Property design and layout of the agricultural operation to
minimize the opportunity for fly development.
   (2) A comprehensive system for manure management to include
storage, removal, and disposal.
   (3) A comprehensive system for green waste management to include
storage, removal, and disposal.
   (4) An integrated pest management program to control the
development and harborage of flies, including the components of
surveillance, management, containment, and control.
2063.  In addition to abating the public nuisance and taking any
necessary actions to prevent the recurrence of the public nuisance, a
board of trustees may impose a civil penalty on the owner of the
property for failure to comply with the requirements of Section 2061.
  The civil penalty may not exceed one thousand dollars ($1,000) per
day for each day that the owner of the property fails to comply with
the district's requirements.
2064.  A board of trustees may consider any recurrence of a public
nuisance abated pursuant to Section 2061 to be a continuation of the
original public nuisance.
2065.  (a) The owner of the property abated pursuant to Section 2061
shall pay the district for the cost of abating the public nuisance
and the cost of any necessary actions to prevent the recurrence of
the public nuisance.  The owner shall also pay any civil penalty
imposed pursuant to Section 2063.
   (b) If the owner of the property fails to pay the district's costs
within 60 days, the board of trustees may order the costs and any
civil penalties charged and collected against the property.  The
charge shall be collected at the same time and 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.  All laws applicable to the
levy, collection, and enforcement of county taxes are applicable to
the costs and civil penalties charged and collected against the
property.
   (c) If the board of trustees charges the costs and any civil
penalties against the parcel, the board of trustees may also cause
the notice of abatement lien to be recorded.  The notice shall, at a
minimum, identify the record owner of the property, set forth the
last known address of the record owner, set forth the date upon which
the abatement of the public nuisance was ordered by the board of
trustees, set forth the date upon which the abatement and any
necessary actions to prevent the recurrence of the public nuisance
was complete, and include a description of the real property subject
to the lien and the amount of the cost and any civil penalties.
   (d) However, if the board of trustees does not cause the
recordation of a notice of abatement lien pursuant to subdivision
(c), and any real property to which the costs and any civil penalties
relate has been transferred or conveyed to a bona fide purchaser for
value, or a lien on a bona fide encumbrancer for value has been
created and attaches to that property, prior to the date on which the
first installment of county taxes would become delinquent, then the
cost and any civil penalties may not result in a lien against that
real property but shall be transferred to the unsecured roll for
collection.
   (e) Recordation of a notice of abatement lien pursuant to
subdivision (c) shall have the same effect as recordation of an
abstract of a money judgment recorded pursuant to Article 2
(commencing with Section 697.310) of Chapter 2 of Division 2 of Title
9 of Part 2 of the Code of Civil Procedure.  The lien created shall
have the same priority as a judgment lien on real property and shall
continue in effect until released.  Upon order of the board of
trustees, an abatement lien created under this section may be
released or subordinated in the same manner as a judgment lien on
real property may be released or subordinated.
2066.  The lien provisions of this article shall not apply to
property owned by a public agency.  Notwithstanding Section 6103 of
the Government Code or any other provision of law, a public agency
shall pay the district for the cost of abating the public nuisance,
the cost of any necessary actions to prevent the recurrence of the
public nuisance, and any civil penalties.
2067.  Any money collected by a county from a lien authorized
pursuant to this article, other than the amounts authorized pursuant
to Section 29304 of the Government Code, shall be paid to the
district.