BOARD OF SUPERVISORS, COUNTY OF LAKE, STATE OF CALIFORNIA
ORDINANCE NO. 2975
 

AN ORDINANCE AMENDING CHAPTER 3 OF THE LAKE COUNTY CODE PERTAINING TO THE ABATEMENT OF UNMANAGED, NEGLECTED AND ABANDONED PEAR AND APPLE TREES

THE BOARD OF SUPERVISORS OF THE COUNTY OF LAKE ORDAINS AS FOLLOWS:

            Section 1: Subsection (j) of Section 3-1.1 of Chapter 3 of the Lake County Code is hereby  amended to read as follows:

    “ (j)     Unmanaged (neglected or abandoned) apple, pear trees or rootstocks there from, as the term is used in this article, means trees that have not been pruned prior to end of full bloom and no
effective pest management activity has been employed. Effective pest management is when pest and diseases are maintained at or below the established economic threshold for commercial pear and apple production.”

            Section 2: Subsection (1) of Section 3-1.1 of Chapter 3 of the Lake County Code is hereby amended to read as follows:

            “(1) Vicinity, as the term is used in this article, means within ½ mile radius of commercial pear or apple production.”

            Section 3: Section 4.1 of Chapter 3 of the Lake County Code is hereby amended to read as follows:

“4.1      Any apple, pear trees or rootstock re-growth there from, which is determined to be unmanaged,  neglected or abandoned is hereby declared a public nuisance if in the vicinity of commercial production.  All remedies, which are given by law for the prevention and abatement of a nuisance, apply to such nuisance.”

            Section 4: Section 4.4 of Chapter 3 of the Lake County Code is hereby amended to read as follows:

            “4.4    Abatement procedures for unmanaged, neglected or abandoned apple and pear trees and
rootstock re-growth there from, shall be as set forth in Division 4, Part 1, Chapter 7, Article 1.5,
commencing with Section 5561 of the California Food and Agricultural Code, except that the time for the abandoned or neglected plant or crop to be removed or destroyed as provided in Section 5563 of the California Food and Agricultural Code is hereby established as 45 days.”

             Section 5:     Section 40.5 is hereby added to Chapter 3 of the Lake County Code and it shall read as follows:

             “40.5  The provision of Sections 3-40 through 3-49 shall not be applicable to pear and apple trees found to be subject to the provisions of Sections 3-1 through 3-15 of Chapter 3 of the Lake County Code.”

            Section 6:    All ordinances or parts of ordinances, or resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict and no further.

            Section 7: This ordinance shall take effect on July 19, 2012 and before the expiration of fifteen days after its passage it shall be published at least once in a newspaper of general circulation in the County of Lake

           The foregoing ordinance was introduced before the Board of Supervisors on the 12th day of June, 2012 and passed by the following vote on the 19th day of June, 2012.

            AYES: Supervisors Comstock, Smith, Rushing, Farrington and Brown

            NOES: None

            ABSENT OR NOT VOTING: None