State Codes and Statutes

Statutes > California > Fac > 6296-6296.9

FOOD AND AGRICULTURAL CODE
SECTION 6296-6296.9



6296.  The county assessor, in making the annual assessment of
property included in the district each and every year after the
organization of the district, shall identify any parcel of real
property with one acre, or more, of winegrape plants.




6296.1.  Whenever acreage within the district is planted with
winegrape plants in such a fashion as to qualify as winegrape growing
acreage, the acreage is subject to assessment as provided in this
article.


6296.2.  (a) After the district has been formed, an owner of
winegrape growing acreage in the district may present to the district
board a request in writing for the exclusion of that land or any
part of the land from the district upon a showing that the land or
part of the land will not be benefited by the activities of the
district. Factors that the district board may consider in its
determination for exclusion shall include an affidavit from the owner
that the plants have been removed from the land and will not be
replanted within the foreseeable future. However, should the excluded
land be planted to winegrapes, the landowner shall be required to
inform the district, in writing, within 30 days of planting.
   (b) After receipt of the request, the district board shall cause
an investigation of the parcel of land to be made and, if the
district board determines that the land or part of the land will not
be benefited by the activities of the district, the district board
shall exclude the winegrape acreage from the district and immediately
certify this fact to the county assessor and the county auditor or
tax collector.
   (c) Any owner of winegrape acreage outside of, or otherwise not
included in, the district may present to the district board a request
in writing for inclusion of the land in the district.



6296.3.  (a) The district board shall, on or before the first Monday
in April of each year, file with the board of supervisors a budget
that sets forth all estimated expenditures of the district for the
fiscal year commencing on the first day of July. A copy of the budget
shall also, at the same time, be filed with the auditor of the
county. The board of supervisors shall cause to be prepared and filed
with the clerk of the board of supervisors a written report that
contains all of the following information:
   (1) A description of each parcel of property proposed to be
subject to the assessment.
   (2) The amount of the assessment of each parcel for the initial
fiscal year.
   (3) The maximum amount of the assessment that may be levied for
each parcel during any fiscal year.
   (4) The duration of the assessment.
   (5) The basis of the assessment.
   (6) The schedule of the assessment.
   (7) A description specifying the requirements for written and oral
protest, and the protest threshold necessary for requiring
abandonment of the proposed assessment pursuant to Section 6299.
   (b) The board of supervisors may, by ordinance or by resolution,
adopted after complying with the notice, protest, and hearing
procedures in Article 4.6 (commencing with Section 53750) of Chapter
4 of Part 1 of Division 2 of Title 5 of the Government Code, and upon
approval by two-thirds of the benefiting vineyard property owners,
determine and levy an assessment for winegrape pest and disease
control activities for any of the following purposes:
   (1) Responding to, managing, and controlling the effects of the
spread of Pierce's disease, the glassy-winged sharpshooter, and any
other pests that attack winegrape plants.
   (2) Collecting and disseminating to winegrape producers in the
district all relevant information and scientific studies concerning
the pest, or pests, and winegrape diseases.
   (3) Charting and determining the extent and location of any
infestations.
   (c) The annual assessment shall not exceed twenty dollars ($20)
per planted acre.
   (d) (1) The district board may establish zones or areas of benefit
within the district, and may restrict the imposition of assessments
to areas lying within one or more of the zones or areas of benefit
established within the district.
   (2) The assessment shall be levied on each parcel planted with
winegrape plants in such a fashion as to qualify as winegrape growing
acreage within the boundaries of the district, zone, or area of
benefit.
   (e) In addition, the mailed notice shall include the name of the
district, the return address of the sender, the amount of the
assessment for the initial fiscal year, the maximum amount of the
assessment that may be levied during any fiscal year and the name and
telephone number of the person designated by the board of
supervisors to answer inquiries regarding the protest proceedings.




6296.5.  The assessment so levied shall be computed and entered upon
the assessment roll by the county auditor, and if the supervisors
fail to levy the assessment as required, the auditor shall do so. The
assessment shall be collected at the same time, and in the same
manner as, and together with and not separate from, general county
taxes, and when collected shall be paid into the county treasury for
the use of the district.



6296.6.  The general provisions of the laws of this state,
prescribing the manner of levying and collecting county taxes and the
duties of the several county officers with respect to levying and
collecting county taxes, are, so far as they are applicable and not
in conflict with the specific provisions of this article, hereby
adopted and made a part of this article. The several county officers
thus referred to shall be liable upon their several official bonds
for the faithful discharge of the duties imposed upon them by this
chapter.


6296.7.  The revenue from the assessments imposed pursuant to this
chapter by the district are trust funds and shall be encumbered only
for the purposes for which the district is formed and for the benefit
of the property assessed. The district shall expend the minimum
amount necessary for overhead and other administrative costs. No
district funds shall be donated, loaned, or transferred to any other
local agency or to the State of California for any purpose, except
for the implementation of the duties of the district, set forth under
this chapter, as determined necessary by the district board.



6296.8.  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, and place the same to the credit of the
district. The county treasurer shall be responsible upon his or her
official bond for the safekeeping and disbursement, in the manner
provided in this article, of all moneys of the district so held.



6296.9.  (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 directors of the district signed by the
chairperson or vice chairperson and attested to by the secretary. The
county treasurer, with the approval of the board of supervisors,
shall pay out the money of the district upon one master warrant of
the county auditor drawn upon the order of the board of directors of
the district and signed by the chairperson or vice chairperson and
attested to by the secretary, to meet the district's expenses,
including salaries, at such intervals as is approved by the board of
supervisors.
   (b) The county treasurer shall report, in writing, on the first
day of July, October, January, and March of each year, to the
district board of directors, the amount of money the treasurer then
holds for the district, the amount of receipts since the last report,
and the amounts paid out. Each report shall be verified and filed
with the secretary of the district to whom it is addressed.


State Codes and Statutes

Statutes > California > Fac > 6296-6296.9

FOOD AND AGRICULTURAL CODE
SECTION 6296-6296.9



6296.  The county assessor, in making the annual assessment of
property included in the district each and every year after the
organization of the district, shall identify any parcel of real
property with one acre, or more, of winegrape plants.




6296.1.  Whenever acreage within the district is planted with
winegrape plants in such a fashion as to qualify as winegrape growing
acreage, the acreage is subject to assessment as provided in this
article.


6296.2.  (a) After the district has been formed, an owner of
winegrape growing acreage in the district may present to the district
board a request in writing for the exclusion of that land or any
part of the land from the district upon a showing that the land or
part of the land will not be benefited by the activities of the
district. Factors that the district board may consider in its
determination for exclusion shall include an affidavit from the owner
that the plants have been removed from the land and will not be
replanted within the foreseeable future. However, should the excluded
land be planted to winegrapes, the landowner shall be required to
inform the district, in writing, within 30 days of planting.
   (b) After receipt of the request, the district board shall cause
an investigation of the parcel of land to be made and, if the
district board determines that the land or part of the land will not
be benefited by the activities of the district, the district board
shall exclude the winegrape acreage from the district and immediately
certify this fact to the county assessor and the county auditor or
tax collector.
   (c) Any owner of winegrape acreage outside of, or otherwise not
included in, the district may present to the district board a request
in writing for inclusion of the land in the district.



6296.3.  (a) The district board shall, on or before the first Monday
in April of each year, file with the board of supervisors a budget
that sets forth all estimated expenditures of the district for the
fiscal year commencing on the first day of July. A copy of the budget
shall also, at the same time, be filed with the auditor of the
county. The board of supervisors shall cause to be prepared and filed
with the clerk of the board of supervisors a written report that
contains all of the following information:
   (1) A description of each parcel of property proposed to be
subject to the assessment.
   (2) The amount of the assessment of each parcel for the initial
fiscal year.
   (3) The maximum amount of the assessment that may be levied for
each parcel during any fiscal year.
   (4) The duration of the assessment.
   (5) The basis of the assessment.
   (6) The schedule of the assessment.
   (7) A description specifying the requirements for written and oral
protest, and the protest threshold necessary for requiring
abandonment of the proposed assessment pursuant to Section 6299.
   (b) The board of supervisors may, by ordinance or by resolution,
adopted after complying with the notice, protest, and hearing
procedures in Article 4.6 (commencing with Section 53750) of Chapter
4 of Part 1 of Division 2 of Title 5 of the Government Code, and upon
approval by two-thirds of the benefiting vineyard property owners,
determine and levy an assessment for winegrape pest and disease
control activities for any of the following purposes:
   (1) Responding to, managing, and controlling the effects of the
spread of Pierce's disease, the glassy-winged sharpshooter, and any
other pests that attack winegrape plants.
   (2) Collecting and disseminating to winegrape producers in the
district all relevant information and scientific studies concerning
the pest, or pests, and winegrape diseases.
   (3) Charting and determining the extent and location of any
infestations.
   (c) The annual assessment shall not exceed twenty dollars ($20)
per planted acre.
   (d) (1) The district board may establish zones or areas of benefit
within the district, and may restrict the imposition of assessments
to areas lying within one or more of the zones or areas of benefit
established within the district.
   (2) The assessment shall be levied on each parcel planted with
winegrape plants in such a fashion as to qualify as winegrape growing
acreage within the boundaries of the district, zone, or area of
benefit.
   (e) In addition, the mailed notice shall include the name of the
district, the return address of the sender, the amount of the
assessment for the initial fiscal year, the maximum amount of the
assessment that may be levied during any fiscal year and the name and
telephone number of the person designated by the board of
supervisors to answer inquiries regarding the protest proceedings.




6296.5.  The assessment so levied shall be computed and entered upon
the assessment roll by the county auditor, and if the supervisors
fail to levy the assessment as required, the auditor shall do so. The
assessment shall be collected at the same time, and in the same
manner as, and together with and not separate from, general county
taxes, and when collected shall be paid into the county treasury for
the use of the district.



6296.6.  The general provisions of the laws of this state,
prescribing the manner of levying and collecting county taxes and the
duties of the several county officers with respect to levying and
collecting county taxes, are, so far as they are applicable and not
in conflict with the specific provisions of this article, hereby
adopted and made a part of this article. The several county officers
thus referred to shall be liable upon their several official bonds
for the faithful discharge of the duties imposed upon them by this
chapter.


6296.7.  The revenue from the assessments imposed pursuant to this
chapter by the district are trust funds and shall be encumbered only
for the purposes for which the district is formed and for the benefit
of the property assessed. The district shall expend the minimum
amount necessary for overhead and other administrative costs. No
district funds shall be donated, loaned, or transferred to any other
local agency or to the State of California for any purpose, except
for the implementation of the duties of the district, set forth under
this chapter, as determined necessary by the district board.



6296.8.  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, and place the same to the credit of the
district. The county treasurer shall be responsible upon his or her
official bond for the safekeeping and disbursement, in the manner
provided in this article, of all moneys of the district so held.



6296.9.  (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 directors of the district signed by the
chairperson or vice chairperson and attested to by the secretary. The
county treasurer, with the approval of the board of supervisors,
shall pay out the money of the district upon one master warrant of
the county auditor drawn upon the order of the board of directors of
the district and signed by the chairperson or vice chairperson and
attested to by the secretary, to meet the district's expenses,
including salaries, at such intervals as is approved by the board of
supervisors.
   (b) The county treasurer shall report, in writing, on the first
day of July, October, January, and March of each year, to the
district board of directors, the amount of money the treasurer then
holds for the district, the amount of receipts since the last report,
and the amounts paid out. Each report shall be verified and filed
with the secretary of the district to whom it is addressed.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Fac > 6296-6296.9

FOOD AND AGRICULTURAL CODE
SECTION 6296-6296.9



6296.  The county assessor, in making the annual assessment of
property included in the district each and every year after the
organization of the district, shall identify any parcel of real
property with one acre, or more, of winegrape plants.




6296.1.  Whenever acreage within the district is planted with
winegrape plants in such a fashion as to qualify as winegrape growing
acreage, the acreage is subject to assessment as provided in this
article.


6296.2.  (a) After the district has been formed, an owner of
winegrape growing acreage in the district may present to the district
board a request in writing for the exclusion of that land or any
part of the land from the district upon a showing that the land or
part of the land will not be benefited by the activities of the
district. Factors that the district board may consider in its
determination for exclusion shall include an affidavit from the owner
that the plants have been removed from the land and will not be
replanted within the foreseeable future. However, should the excluded
land be planted to winegrapes, the landowner shall be required to
inform the district, in writing, within 30 days of planting.
   (b) After receipt of the request, the district board shall cause
an investigation of the parcel of land to be made and, if the
district board determines that the land or part of the land will not
be benefited by the activities of the district, the district board
shall exclude the winegrape acreage from the district and immediately
certify this fact to the county assessor and the county auditor or
tax collector.
   (c) Any owner of winegrape acreage outside of, or otherwise not
included in, the district may present to the district board a request
in writing for inclusion of the land in the district.



6296.3.  (a) The district board shall, on or before the first Monday
in April of each year, file with the board of supervisors a budget
that sets forth all estimated expenditures of the district for the
fiscal year commencing on the first day of July. A copy of the budget
shall also, at the same time, be filed with the auditor of the
county. The board of supervisors shall cause to be prepared and filed
with the clerk of the board of supervisors a written report that
contains all of the following information:
   (1) A description of each parcel of property proposed to be
subject to the assessment.
   (2) The amount of the assessment of each parcel for the initial
fiscal year.
   (3) The maximum amount of the assessment that may be levied for
each parcel during any fiscal year.
   (4) The duration of the assessment.
   (5) The basis of the assessment.
   (6) The schedule of the assessment.
   (7) A description specifying the requirements for written and oral
protest, and the protest threshold necessary for requiring
abandonment of the proposed assessment pursuant to Section 6299.
   (b) The board of supervisors may, by ordinance or by resolution,
adopted after complying with the notice, protest, and hearing
procedures in Article 4.6 (commencing with Section 53750) of Chapter
4 of Part 1 of Division 2 of Title 5 of the Government Code, and upon
approval by two-thirds of the benefiting vineyard property owners,
determine and levy an assessment for winegrape pest and disease
control activities for any of the following purposes:
   (1) Responding to, managing, and controlling the effects of the
spread of Pierce's disease, the glassy-winged sharpshooter, and any
other pests that attack winegrape plants.
   (2) Collecting and disseminating to winegrape producers in the
district all relevant information and scientific studies concerning
the pest, or pests, and winegrape diseases.
   (3) Charting and determining the extent and location of any
infestations.
   (c) The annual assessment shall not exceed twenty dollars ($20)
per planted acre.
   (d) (1) The district board may establish zones or areas of benefit
within the district, and may restrict the imposition of assessments
to areas lying within one or more of the zones or areas of benefit
established within the district.
   (2) The assessment shall be levied on each parcel planted with
winegrape plants in such a fashion as to qualify as winegrape growing
acreage within the boundaries of the district, zone, or area of
benefit.
   (e) In addition, the mailed notice shall include the name of the
district, the return address of the sender, the amount of the
assessment for the initial fiscal year, the maximum amount of the
assessment that may be levied during any fiscal year and the name and
telephone number of the person designated by the board of
supervisors to answer inquiries regarding the protest proceedings.




6296.5.  The assessment so levied shall be computed and entered upon
the assessment roll by the county auditor, and if the supervisors
fail to levy the assessment as required, the auditor shall do so. The
assessment shall be collected at the same time, and in the same
manner as, and together with and not separate from, general county
taxes, and when collected shall be paid into the county treasury for
the use of the district.



6296.6.  The general provisions of the laws of this state,
prescribing the manner of levying and collecting county taxes and the
duties of the several county officers with respect to levying and
collecting county taxes, are, so far as they are applicable and not
in conflict with the specific provisions of this article, hereby
adopted and made a part of this article. The several county officers
thus referred to shall be liable upon their several official bonds
for the faithful discharge of the duties imposed upon them by this
chapter.


6296.7.  The revenue from the assessments imposed pursuant to this
chapter by the district are trust funds and shall be encumbered only
for the purposes for which the district is formed and for the benefit
of the property assessed. The district shall expend the minimum
amount necessary for overhead and other administrative costs. No
district funds shall be donated, loaned, or transferred to any other
local agency or to the State of California for any purpose, except
for the implementation of the duties of the district, set forth under
this chapter, as determined necessary by the district board.



6296.8.  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, and place the same to the credit of the
district. The county treasurer shall be responsible upon his or her
official bond for the safekeeping and disbursement, in the manner
provided in this article, of all moneys of the district so held.



6296.9.  (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 directors of the district signed by the
chairperson or vice chairperson and attested to by the secretary. The
county treasurer, with the approval of the board of supervisors,
shall pay out the money of the district upon one master warrant of
the county auditor drawn upon the order of the board of directors of
the district and signed by the chairperson or vice chairperson and
attested to by the secretary, to meet the district's expenses,
including salaries, at such intervals as is approved by the board of
supervisors.
   (b) The county treasurer shall report, in writing, on the first
day of July, October, January, and March of each year, to the
district board of directors, the amount of money the treasurer then
holds for the district, the amount of receipts since the last report,
and the amounts paid out. Each report shall be verified and filed
with the secretary of the district to whom it is addressed.