AB 732

Under existing law, a neglected or abandoned plant or crop is a public nuisance if it is a menace to the agriculture of the county, district, or vicinity because of the existence of any pest, in or on it, or other condition, or if it is a host plant of, or provides a favorable or likely harbor for, any pest. Existing law defines "pest" for these purposes as an infectious, transmissible, or contagious disease of a plant, disorder of a plant that manifests symptoms or behavior characteristic of an infectious, transmissible, or contagious disease, form of animal life, or form of vegetable life, that is, or is liable to be, dangerous or detrimental to the agricultural industry of the state. Existing law prohibits a person from maintaining a neglected or abandoned plant or crop that is a public nuisance. Existing law requires a county agricultural commissioner, in writing, to notify the owner of record or person in charge of a property that has a neglected or abandoned plant or crop that the commissioner has found to be a public nuisance, of the need to remove or destroy the neglected or abandoned plant or crop, as specified. If the removal or destruction of the neglected or abandoned plant or crop is undertaken by a commissioner, existing law requires the commissioner to cause a notice of lien that describes the land on which the public nuisance exists to be recorded and subjects the land to a lien for any expense that is incurred by the county subsequent to the recording of the notice in the abatement of the nuisance.

This bill would authorize a county agricultural commissioner, in lieu of imposing a lien, as described above, to levy a civil penalty against a person who maintains a pest-related public nuisance in violation of the above-described prohibition, and would exclude from the definition of pest a beneficial organism that is used as a biological control agent or a conservation practice standard or on-farm management practice, as specified. The bill would require the civil penalty to be levied in accordance with specified procedures, including a requirement that the person charged with the violation receive notice of the nature of the violation and be given an opportunity to be heard. If the person takes a good faith action, as defined, to rectify the violation within 30 days of receiving notice, the bill would provide that the person is not liable for that civil penalty. The bill would require that civil penalty to be in an amount of up to $500 for each acre of property found to be in violation and would authorize that amount to be increased to up to $1,000 per acre if the person does not take a good faith action to rectify the public nuisance within 45 days of issuance of the original civil penalty. The bill would repeal these provisions on January 1, 2035.