California Food and Agricultural Code ARTICLE 8.7 - Table Grape Pest and Disease District

Section 6047.60.
The Legislature hereby finds and declares the following:(a) California is the leading producer of table grapes in the United States, accounting for 97 percent of table...
Section 6047.61.
This article shall be known and may be cited as the Table Grape Pest and Disease District Law.(Amended by Stats. 2004, Ch. 400, Sec. 2....
Section 6047.62.
(a) It is the purpose of this article to make available a procedure for the organization, operation, and dissolution of districts to respond to the effects...
Section 6047.63.
Unless the context otherwise requires, the definitions in this section govern the construction of this article.(a) “Board” or “board of directors” means the board of directors...
Section 6047.64.
(a) Proceedings for the formation of a district within any county shall be commenced by a petition signed by the owners of 15 percent of the...
Section 6047.65.
The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not...
Section 6047.66.
Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of...
Section 6047.67.
(a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included.(b) It is a...
Section 6047.68.
(a) The petition shall be accompanied by a fee in an amount established by the board of supervisors as is necessary to reimburse the county for...
Section 6047.69.
(a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the preparation of...
Section 6047.70.
(a) The board of supervisors shall fix a time and place for a hearing of the petition.(b) The hearing shall not be less than 20 days, or...
Section 6047.71.
Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.(Added by Stats. 2003, Ch....
Section 6047.72.
The notice shall be published once a week for two successive weeks prior to the date set for the hearing.(Added by Stats. 2003, Ch. 244,...
Section 6047.73.
At the hearing, the report of the county agricultural commissioner shall be received. Protests may be made orally or in writing by any person interested...
Section 6047.74.
At the hearing, any owner of table grape acreage in the proposed district may present to the board of supervisors a request, in writing, for...
Section 6047.75.
If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to...
Section 6047.76.
(a) If the board of supervisors determines that the project is feasible and in the interest of the table grape acreage owners of the county, the...
Section 6047.78.
(a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any table grape acreage that it finds will not...
Section 6047.79.
Upon the filing of the order of organization, the board of supervisors shall appoint a board of directors of five members to administer the affairs...
Section 6047.80.
To be a director of the district, a person shall be either an owner of, or the designee of an owner of, acreage included in...
Section 6047.81.
Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the...
Section 6047.82.
(a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of...
Section 6047.83.
(a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson, and secretary...
Section 6047.84.
The members of the board shall serve for terms of two years, or for a longer term as determined by the board of supervisors, and...
Section 6047.85.
Upon the expiration of the term of any member of the board, the board of supervisors shall appoint the successor. Vacancies shall be filled by...
Section 6047.86.
The members of the board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims...
Section 6047.87.
(a) The district may do all of the following:(1) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction.(2) Adopt a...
Section 6047.88.
Every district formed pursuant to this article has all of the powers prescribed by Section 6047.87 and other provisions of this article, regardless of any...
Section 6047.89.
The county agricultural commissioner of the county in which the district is located shall, upon request of the board, assist the district to the extent...
Section 6047.90.
The board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming fiscal...
Section 6047.91.
There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent...
Section 6047.92.
For each fiscal year subsequent to the first year of operation of the district, the board shall adopt the final budget in the same manner...
Section 6047.94.
The district shall identify any parcel of real property with more than one acre of table grape plants that shall be subject to assessments.(Amended by...
Section 6047.95.
Whenever acreage within the district is planted with table grape plants in a fashion so as to qualify as table grape acreage, the acreage is...
Section 6047.96.
(a) After the district has been formed, an owner of table grape acreage in the district may present to the board a request in writing for...
Section 6047.97.
(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...
Section 6047.98.
The assessment authorized to be assessed and levied is hereby declared to be in the nature of a special assessment, and the Legislature hereby finds...
Section 6047.99.
(a) The assessment levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the assessment...
Section 6047.100.
The general provisions of the laws of this state, prescribing the requirements for and manner of levying and collecting county taxes and the duties of...
Section 6047.101.
The revenue from the assessments imposed pursuant to this article by the district are trust funds and shall be encumbered only for the purposes for...
Section 6047.102.
(a) The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys,...
Section 6047.103.
If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of...
Section 6047.104.
(a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of...
Section 6047.105.
Acreage devoted exclusively to the growing of table grapes within a tract of land outside the district, but in the county in which the district...
Section 6047.106.
Any two or more districts organized or existing under this article may be consolidated, whether or not the boundaries are coterminous, and whether or not...
Section 6047.107.
The board of directors may adopt a resolution that recites the fact of receipt and the willingness of the district to consolidate, and shall then...
Section 6047.108.
The board of supervisors of the county in which is located the largest area of table grape acreage of the proposed consolidated district shall fix...
Section 6047.109.
If the board of supervisors determines that consolidation is feasible and in the best interests of the table grape acreage owners of the respective districts,...
Section 6047.110.
Upon the adoption of a resolution consolidating two or more districts, the board of supervisors of the county in which is located the largest area...
Section 6047.111.
The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district organized pursuant to...
Section 6047.112.
Any district that has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by filing...
Section 6047.113.
Upon the filing of a petition with the board of supervisors that is signed by either (1) 50 percent or more of the table grape...
Section 6047.114.
The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution.(Added by Stats. 2003, Ch....
Section 6047.115.
The notice of hearing shall state all of the following:(a) That a petition has been filed requesting the dissolution of the district.(b) That the petition is available...
Section 6047.116.
Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.(Added by Stats. 2003, Ch....
Section 6047.117.
The notice shall be published once a week for two successive weeks prior to the date set for the hearing.(Added by Stats. 2003, Ch. 244,...
Section 6047.118.
If, at the hearing, a majority of the board of supervisors does not find a compelling reason to override the owners’ petition to dissolve the...
Section 6047.119.
The board of supervisors shall cause a certified copy of the resolution to be recorded in the office of the county recorder and shall file...
Section 6047.120.
Upon dissolution, the right, title, and interest to property owned or controlled by the district that is situated within the corporate limits of any city...
Section 6047.121.
The board of supervisors is ex officio the governing body of the dissolved district. It may levy assessments and perform other acts solely for the...
Section 6047.122.
All claims and accounts against the district that have not been settled by the board within 90 days after the resolution is recorded pursuant to...
Section 6047.123.
If there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6047.122, the board of supervisors shall, at the time of...
Section 6047.124.
Owners of wine grapes and raisin grapes and any other agricultural commodities may petition to become subject to any district established pursuant to this article....

Last modified: October 22, 2018