Section 5786 Of Article 5. Host-free Periods And Districts From California Food And Agricultural Code >> Division 4. >> Part 1. >> Chapter 8. >> Article 5.
5786
. (a) The Legislature finds that any cotton plants and parts
thereof not in compliance with any cotton plowdown dates adopted
pursuant to this article constitutes a public nuisance which
immediately threatens the health and safety of the public.
(b) In addition to any other remedies provided by law, any cotton
plant or part thereof not in compliance with any cotton plowdown
order may be abated at the direction of the commissioner in the
county where the cotton plant or parts exist. The notice of the
cotton plowdown date shall serve as notice to the owner of the plant
or parts thereof that the plant or parts constitute a public nuisance
if not brought into compliance with the orders by that date.
Thereafter, the commissioner may take any abatement action as is
reasonably necessary to bring the plant and parts thereof into
compliance.
(c) The person who produced the cotton plant and parts thereof
shall pay 150 percent of all costs associated with the commissioner's
abatement of the nuisance. The producers may, when making the
payment of the amount, submit a written appeal of the payment to the
director.
(d) Any moneys collected pursuant to Section 5784 or this section
for violation of cotton pest provisions shall be allocated to the
commissioner in the county where the action is brought.