Neglected/Abandoned Orchards

CACASA’s role in protecting California’s Citrus from ACP/HLB

• FL Experience – One of the worst thing not done

• SAP Recommendation• Reservoir for ACP and Potentially HLB• Trees are a Liability not an Asset

Why Remove N/A Orchards

• Before HLB is rampant and panic starts. • Allows us to permit owners to remove

trees at a slower pace - Voluntarily.• Voluntary Removal reduces the need for

mandatory enforcement• Gives the owners more options:

– Burning – Work with the FD– Chipping– Firewood

Why Start Now?

• 5551. Any neglected or abandoned plant or crop is a public nuisance in any of the following circumstances:

• (a) It is a menace to the agriculture of the county, district, or vicinity because of the existence of any pest, in or on it.

• (b) It is a menace to the agriculture of the county, district, or vicinity because of the existence of any other condition than the condition described in subdivision (a).

• (c) It is a host plant of, or provides a favorable or likely harbor for, any pest. – ACP present and potentially HLB.

F & A Code Ch. 7 Sections 5551-5645

• 5553. It is unlawful for any person to maintain any neglected or abandoned plant or crop which is a public nuisance.

• 5554. All remedies for the prevention or abatement of nuisances apply to any such nuisance.

• 5555. If, after service of the notice ….the nuisance is not abated within the time prescribed…, the commissioner shall proceed under the provisions of Article 2 (commencing with Section 5571).

F & A Code Ch. 7 Sections 5551-5645

• Article 1.5. Notice .................... 5561-5564

• Article 2. Institution of Proceedings ……… 5571-5581

• Article 3. Hearing and Order ....... 5601-5605

• Article 4. Expense of Abatement .. 5631-5645

F & A Code Ch. 7 Sections 5551-5645

• 5631. If the removal or destruction of any neglected or abandoned plant or crop which is a public nuisance …. is undertaken by the commissioner, he/she shall cause a notice of lien …..to be recorded.

• 5632 – 5640 Set Due Process and time frames for foreclosure and sale

• 5641. (a) If, after foreclosure the property is sold, enough of the proceeds shall be paid into the treasury of the county which forecloses the lien as shall satisfy the lien, penalty and costs. (b) If there is any surplus, it shall be paid to the owner of the property…..

• In other words your County should not have to bear the costs.

F & A Code Ch. 7 Sections 5551-5645

• Trees are in obvious Decline/Distress• No Harvest in the past 2 years

– Receipts, IRS returns• No Pest Control

– Not including government mandated• Fire Abatement• CDFA/USDA eradication

• No Irrigation– Water District or Well power receipts– Except during drought if demonstrated no access to water

• Need CDFA concurrence• Need to be ready of next emergency exemption at OAL

Definition of Neglected or Abandoned Needed

Quarantined Counties are Clearly the Leaders

ACP Quarantine Area

Path Forward

• Review the Codes and prepare your County to address Neglected or Abandoned groves

• Review the SD Tactical Plan• Establish a sub-committee to work on the

plan and Regulations• Review and revise the Proposed Definitions

for N/A orchards to present to CDFA - OAL

THE END