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Article 4. Expense Of Abatement of California Food And Agricultural Code >> Division 4. >> Part 1. >> Chapter 7. >> Article 4.
If the removal or destruction of any neglected or abandoned
plant or crop which is a public nuisance as defined in Section 5551
or 5552, is undertaken by the commissioner, he shall cause a notice
of lien which describes the land on which it exists to be recorded.
From the date of the recording, the land which is described
in the notice is subject to a lien for any expense which is incurred
by the county subsequent to the recording of the notice in the
abatement of the nuisance which is referred to in the notice.
The commissioner shall keep an account of the cost of the
removal or destruction and shall render an itemized report of the
cost to the board of supervisors.
The expense of the removal or destruction is a county charge
which is payable out of county funds.
A notice which sets forth the amount which has been expended
for the removal or destruction of any neglected or abandoned plant or
crop which is a public nuisance, as defined in Section 5551 or 5552,
shall be recorded within 30 days after the date of payment of the
last item of expense incurred by the county, and such amount is a
lien from the date of recording of the notice of lien.
The lien is superior to all encumbrances, existing and
future, except liens for taxes and assessments, if a copy of the
notice of lien is recorded and a copy is served upon or mailed to the
holder of any encumbrance of record, at the last known address of
the encumbrancer.
If the address of the encumbrancer is unknown to the
commissioner, he shall state in the copy of the notice that the
address is unknown to him and shall mail the copy addressed to the
encumbracer at the county seat of the county in which the property is
situated.
If the sum which is secured by the lien is not repaid to the
county within 80 days from the recording of the amount of the lien,
there shall be added to it a penalty of 15 percent. The penalties
shall also be secured by the lien.
Except as provided in Section 5643, the district attorney of
the county which makes the payment for the expense of eradication or
destruction shall, within 120 days after the lien is recorded,
commence in the name and for the benefit of such county an action to
foreclose the lien.
(a) If, after foreclosure the property is sold, enough of the
proceeds shall be paid into the treasury of the county which
forecloses the lien as shall satisfy the lien, penalty and costs.
(b) If there is any surplus, it shall be paid to the owner of the property, if he is known. If the owner of the property is not known, the surplus shall be paid into the court for his use at such time as he is ascertained.
(b) If there is any surplus, it shall be paid to the owner of the property, if he is known. If the owner of the property is not known, the surplus shall be paid into the court for his use at such time as he is ascertained.
If no action to foreclose is commenced within 120 days
subsequent to the recordation of the notice of lien, the lien ceases
to exist.
If the expense of removal or destruction of any abandoned
plant or crop becomes a lien on property which has been deeded to the
state for nonpayment of taxes, as provided in Sections 5635 to 5637,
inclusive, and the property is redeemed or sold to a private person
at a tax sale, the action to foreclose the lien shall be commenced
within 120 days after the redemption or sale of the property.
If no action to foreclose is commenced within 120 days
subsequent to the redemption or sale of the property, the lien ceases
to exist.
If the property is acquired by the state, or by any municipal
corporation or political subdivision, and the right of redemption is
terminated, the lien terminates at the time the right of redemption
is terminated.
