Article 3. Rodent Abatement of California Health And Safety Code >> Division 104. >> Part 11. >> Chapter 2. >> Article 3.
Every person possessing a place that is infested with
rodents, as soon as their presence comes to his or her knowledge,
shall at once proceed and continue in good faith to endeavor to
exterminate and destroy the rodents, by poisoning, trapping, and
other appropriate means, and to abate the conditions listed in
Section 17920.3 that are causing the infestation.
The department, the board of supervisors of each county,
local health officers, or inspectors appointed by any of them, as
provided in this article and Chapter 3 (commencing with Section
116250), may inspect a place for the purpose of ascertaining whether
it is infested with rodents and whether the requirements of this
article and Chapter 3 (commencing with Section 116250) as to their
extermination and destruction, and the abatement of the conditions
listed in Section 17920.3 that are causing the infestation are being
complied with. However, no building occupied as a dwelling, hotel, or
rooming house, shall be entered for inspection purposes except
between the hours of 9 a.m., and 5 p.m.
The board of supervisors of each county and the governing
body of each city, whenever it may by resolution determine that it is
necessary for the preservation of the public health or to prevent
the spread of contagious or infectious disease, communicable to
mankind, or when it determines that it is necessary to prevent great
and irreparable damage to crops or other property, may appropriate
money for the purchase of, and may purchase, poison, traps, and other
materials for the purpose of exterminating and destroying rodents
and abating the conditions listed in Section 17920.3 that are causing
the infestation in that county or city, and may employ and pay
inspectors, who shall prosecute the work of extermination,
destruction, and abatement on both private and public property in the
county or city.
Whenever a person possessing a place that is infested with
rodents, fails, neglects, or refuses to proceed and to continue to
endeavor to exterminate and destroy the rodents and abate the
conditions listed in Section 17920.3 that are causing the
infestation, as required in this article and Chapter 3 (commencing
with Section 116250), the department and its inspectors, the county
board of supervisors and its inspectors, and the local health
officer, shall at once cause the rodents to be exterminated and
destroyed and the conditions listed in Section 17920.3 that are
causing the infestation to be abated.
The expense of exterminating and destroying the rodents and
abating the conditions listed in Section 17920.3 that are causing
the infestation is a charge against the county or city in which the
work is done, and the board of supervisors or other governing body
shall allow and pay it.
The governing body shall record in the office of the county
recorder a notice of payment, claiming a lien on the property for
the amount of the payment.
All sums so paid by the county or city are a lien on the
property on which the work was done, and may be recovered in an
action against the property.
The action to foreclose the lien shall be brought within 90
days after the payment, and shall be prosecuted by the district or
city attorney in the name of the county, or city, as the case may be,
and for its benefit.
When the property is sold, enough of the proceeds shall be
paid into the treasury of the county or city to satisfy the lien and
the costs, and the surplus, if any, shall be paid to the owner of the
property, if known, and if not known shall be paid into the court
for the use of the owner when ascertained.
If it appears from the complaint in the action that the
property on which the lien is to be foreclosed is likely to be
removed from the jurisdiction of the court, the court may appoint a
receiver to take possession of the property and hold it while the
action is pending or until the defendant executes and files a bond,
conditioned for the payment of any judgment that may be recovered
against the defendant in the action and of all costs.