California Food and Agricultural Code
§ 5404
FAC § 5404 Effective Sep 11, 1984Div. 4 · Part 1 · Ch. 6 · Art. 1
Statute text
View on leginfo.ca.gov(a)If, after service of the notice pursuant to this chapter, the commissioner determines that the nuisance constitutes an immediate hazard to adjoining or nearby property, and that great or irreparable injury would result from delay until expiration of the time required by law for constructive notice, he or she may forthwith abate the nuisance by eradicating, controlling, or destroying the pest.
(b)For purposes of this section, cotton, which is being produced in violation of a host-free period declared pursuant to Article 5 (commencing with Section 5781) of Chapter 8 of this part, is a nuisance.
(c)The commissioner shall take summary abatement action against any cotton found in violation of a planting date established as part of a host-free period. The person producing the cotton shall be given not more than 48 hours to commence abatement of the nuisance and shall be given not more than five days to complete abatement.
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Legislative history
Amended by Stats. 1984, Ch. 995, Sec. 1. Effective September 11, 1984.