Section 2863 Of Article 3.5. District Powers From California Health And Safety Code >> Division 3. >> Chapter 8. >> Article 3.5.
2863
. When any nuisance is found to exist on any property subject
to the control of any state or local agency, the district shall
notify the state or local agency of the existence of the nuisance.
Sections 2858, 2860, 2861, 2861.5, and 2862 shall govern the contents
of the notice and the manner of serving it, the right of the state
or local agency to a hearing before the board, the hearing before the
board, and the power of the district to abate the nuisance if it is
not abated by the state or local agency. If the state or local agency
determines that the order to prevent recurrence of the breeding
specified in the notice to abate the nuisance is excessive or
inappropriate for the intended use of the land, or if the state or
local agency determines that a nuisance, as specified in Section
2800.5, does not exist, the agency may appeal the decision of the
board to the State Director of Health Services within 10 days
subsequent to the hearing. The director shall decide the matters on
appeal and convey his or her decision to the agency and district
within 30 days of the receipt of the appeal. The decision of the
director shall be final and conclusive. If the control of the
nuisance is performed by the district, the cost for that control is a
charge against, and shall be paid from, the maintenance fund or from
other funds for the support of the state or local agency.
Any state or local agency and a district may enter into
contractual agreements to provide control of nuisances. The authority
which is granted by this paragraph is in addition to any other
authority which a state or local agency and a district may have to
enter into contractual agreements for the control of public
nuisances, as defined in Section 2800.5.
As used in this section, "state agency" means an agency defined in
Section 11000 of the Government Code, and "local agency" means a
city, county, city and county, district, or other public corporation.