California Food and Agricultural Code

§ 5647

FAC § 5647 Effective Jan 1, 2026Div. 4 · Part 1 · Ch. 7 · Art. 5

Statute text

(a)In lieu of imposing a lien pursuant to Article 4 (commencing with Section 5631), a commissioner may levy a civil penalty against a person who violates Section 5553 if the violation constitutes a pest-related nuisance to an adjoining or nearby property and the violation results in economic or ecological damage or would result in economic or ecological damage if the pest-related nuisance is not abated. The civil penalty shall be in an amount of up to five hundred dollars ($500), based on the severity of the nuisance and the person’s ability to pay, for each acre of property found to be in violation of Section 5553, as described in this subdivision.

(b)(1) A minimum of 30 days before a civil penalty is levied pursuant to subdivision (a), the person charged with a violation shall receive notice of the nature of the violation and shall be given an opportunity to be heard. This shall include the right to review the evidence and the right to present evidence on their own behalf.

(2)The notice shall include the internet website of the University of California Statewide Integrated Pest Management Program.

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Legislative history

Added by Stats. 2025, Ch. 440, Sec. 1. (AB 732) Effective January 1, 2026. Repealed as of January 1, 2035, pursuant to Section 5648.