§ 6047.97. — 6047.97. (Amended by Stats. 2004, Ch. 400, Sec. 20.)

California § 6047.97.

• Jurisdiction: California
• Code FAC: Food and Agricultural Code - FAC
• Div. 4.: DIVISION 4. PLANT QUARANTINE AND PEST CONTROL
• Part 1.: PART 1. GENERALLY
• Ch. 9.: CHAPTER 9. Specific Pest Control and Abatement Provisions
• Art. 8.7.: ARTICLE 8.7. Table Grape Pest and Disease District

Text

(a)
The board shall, on or before the first Monday in April of each year, or as soon thereafter as possible, file with the board of supervisors a budget that sets forth all estimated expenditures of the district for the fiscal year commencing on the first day of July. A copy of the budget shall also, at the same time, be filed with the auditor of the county.
(b)
The board of supervisors may, by ordinance or by resolution, adopted after notice and a hearing, determine and levy an assessment for table grape pest and disease control activities or other activities specified in subdivision (a) of Section 6047.87 related to designated pests and diseases for any of the following purposes:
(1)
Responding to, managing, and controlling the effects of the spread of glassy-winged sharpshooter and other designated pests and diseases that attack table grape plants.
(2)
Collecting and disseminating to table grape growers in the district relevant information and scientific studies concerning the pest or pests.
(3)
Charting and determining the extent and location of any Pierce’s disease infestations and infestations of other designated pests and diseases.
(4)
Reimbursing the county or counties in which the district is located for expenses incurred in connection with providing services under this article that are not otherwise reimbursed.
(c)
(1)
The annual assessment shall not exceed fifteen dollars ($15) per planted acre.
(2)
The maximum annual assessment shall be established in accordance with the voting requirements of Articles XIII
C and XIII
D of the California Constitution, as incorporated by Proposition 218 of 1996, as provided for in Section 6047.100.
(3)
The board shall annually establish the assessment which shall not exceed the maximum annual assessment specified in paragraph (1), except as otherwise specified in this section.
(d)
An annual assessment greater than the amount provided for in this section may not be charged unless a greater assessment is approved by eligible owners in accordance with the voting requirements of Articles XIII
C and XIII
D of the California Constitution, as incorporated by Proposition 218 of 1996, as provided for in Section 6047.100.
(e)
The board of supervisors shall cause to be prepared and filed with the clerk of the board of supervisors a written report that contains all of the following information:
(1)
A description of each parcel of property proposed to be subject to the assessment.
(2)
The amount of the assessment of each parcel for the initial fiscal year.
(3)
The maximum amount of the assessment that may be levied for each parcel during any fiscal year.
(4)
The duration of the assessment.
(5)
The basis of the assessment.
(6)
The schedule of the assessment.
(7)
A description specifying the requirements for written and oral protests, and the protest threshold necessary for requiring abandonment of the proposed assessment pursuant to subdivision (f).
(f)
Unless otherwise excluded, the assessment shall be levied on each parcel within the boundaries of the district, zone, or area of benefit.
(g)
(1)
The board of supervisors shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
(2)
In addition, the mailed notice shall include the name of the district, the return address of the sender, the amount of the assessment for the initial fiscal year, the maximum amount of the assessment that may be levied during any fiscal year and the name and telephone number of the person designated by the board of supervisors to answer inquiries regarding the protest proceedings.

Legislative History

Amended by Stats. 2004, Ch. 400, Sec. 20. Effective September 9, 2004.