Article 2. Formation of California Health And Safety Code >> Division 3. >> Chapter 8. >> Article 2.
The organization of a pest abatement district may be
initiated by a petition, describing the exterior boundaries of the
proposed district, and the nature of the pest or pests to be
controlled or abated.
The petition shall state the basis on which the property in
the district shall be taxed for district purposes. The petition may
include a plan for zones of benefit or other proposal which would
provide equity in financing the district's purposes.
The petition may fix the maximum rate of assessments that may
be levied by the district.
The petition shall be signed by registered voters residing in
the proposed district equal in number to ten per cent of the votes
cast in the proposed district for Governor at the last preceding
gubernatorial election. The petition may consist of any number of
separate instruments, which shall be duplicates, except for the
signatures and addresses of the signers. Each person who signs the
petition shall also state his address.
The petition shall be presented to the clerk of the county in
which the land in the proposed district is situated. The clerk shall
compare the signatures on the petition with the signatures of the
registered voters on his records for the purpose of ascertaining
whether the petition meets the signature requirements of this
If the petition lacks sufficient signatures the county clerk
shall certify that fact, and at any time within sixty days thereafter
additional signatures may be presented to supplement the signatures
on the original petition. The additional signatures shall be compared
by the clerk in the same manner as the original signatures. If
sufficient additional signatures are not presented, proceedings under
the petition shall be terminated, without prejudice to the right to
file a new petition.
If the petition contains the requisite number of signatures
the clerk shall make a certificate to that effect, and shall present
the petition and his certificate to the board of supervisors.
If the board of supervisors finds that the petition has been
properly presented, the board shall, by resolution, fix a time for
hearing the petition, which shall be not less than two nor more than
five weeks from the time of its presentation. It shall also publish a
notice of the time and place of the hearing in a newspaper of
general circulation, printed and published in the county, for not
less than two weeks prior to the time of the hearing.
At the time of the hearing, or at any time to which it may be
adjourned, the board of supervisors shall hear and consider all
competent and relevant testimony or evidence offered in support of,
or in opposition to, the formation of the district, and the proposed
method of financing.
The board of supervisors may make such changes in the
proposed boundaries of the district as it may consider advisable. It
may exclude any land in the proposed district upon the application of
the owner, or it may include any land outside and contiguous to the
proposed district upon the application of the owner, if it determines
that the exclusion or inclusion is proper.
If, upon the hearing, the board of supervisors determines
that the public interest or welfare of the proposed territory and its
inhabitants requires the formation of the district, it shall, by
resolution, declare its findings and order that the territory within
the boundaries determined by it is a district, under an appropriate
name to be selected by it.
The clerk of the board of supervisors shall immediately
record a certified copy of the order in the office of the county
recorder in which the district is situated and also file a certified
copy with the Secretary of State. The district is then formed as a
pest abatement district, with all of the rights, privileges, and
powers set forth in this chapter, and those necessarily incident
If at any time after the board of supervisors has entered its
order for organization good cause appears therefor, the district
board may, by a two-thirds vote of its members, adopt a resolution
reciting the facts, declaring the advisability for a change of the
district's name, and setting forth therein a new name for the
district. A certified copy of such resolution shall be transmitted to
the board of supervisors of the county in which the district is
Upon receipt of the certified copy of the resolution the
board of supervisors shall:
(a) Enter an order changing the district's name to the name set
forth in the resolution.
(b) Record a certified copy of the order in the office of the
county recorder of the county in which the district is situated.
(c) File a certified copy of the order in the office of the
Secretary of State.
(d) File a certified copy of the order in the office of the State
Board of Equalization.
From and after the date of the filing of the certified copy with
the Secretary of State the new name shall be the official name of the
Upon a petition adopted by a four-fifths vote of the district
board, or upon its own motion following the notice the board of
supervisors deems sufficient and a public hearing, the board of
supervisors, may, with the concurrence of the district board, add to,
or delete from, the list of pests which the district may control.
The board of supervisors at the hearing may also consider, and make
changes in, the method of district taxation, as authorized by Section
2822.5, as though a new district were being formed.