A. If the person owning a property, identified as containing a public nuisance, fails or refuses to remove and destroy the nuisance causing pine trees on or before the latter of ten (10) calendar days after the abatement deadline contained in the abatement notice, or ten (10) calendar days after the deadline specified by the board in the resolution adopted following the public hearing held pursuant to section 3-8-12 of this chapter, the general manager may cause the removal and destruction of the infested pine trees in accordance with this section.
B. When the pine trees are not in plain view of district employees or agents from a place that the employee or agent lawfully has the right to be, the general manager will request the consent of the property owner before district employees or agents enter the property for purposes of inspection and abatement under this chapter. If consent is refused, the general manager will apply for an inspection/abatement warrant, as defined in Code Of Civil Procedure section 1822.50, to enter the property for inspection and abatement purposes, and entry onto the property will be made by district employees or agents only pursuant to an inspection warrant issued in accordance with Code Of Civil Procedure sections 1822.51 through 1822.59.
C. Upon the issuance of an inspection/abatement warrant under subsection B of this section, it is unlawful for any person to interfere with, hinder, or refuse to allow district employees or agents entry onto a property to abate public nuisances pursuant to this section.
D. Property owners may remove and destroy pine trees on their property, at their own expense, at any time before the entry onto the property by district employees or agents pursuant to this section; provided, however, that if the owner fails to timely abate the nuisance, the costs of the district to enforce the abatement upon the subject property, including investigation, boundary determinations, measurement, clerical and other related costs, may be imposed as a special assessment and lien on such property pursuant to a resolution of the board adopted under section 3-8-14 of this chapter.
E. Any timber owner may sell, assign or use any felled tree for personal use in accordance with Cal fire rules and regulations. If the timber owner desires that the district remove the felled tree, the timber owner must transfer ownership interest in the timber to the district. When a timber owner fails for any reason to remove any felled tree, and it is necessary to remove the felled tree to abate the infestation of pine bark beetle in accordance with this chapter, the district will be deemed the beneficiary owner and will remove the felled tree in accordance with this chapter and the rules and regulations of Cal fire. The timber owner will receive a credit from the district from the sale of the timber of the felled tree, against the cost of the district to fell the tree in order to abate the infestation of pine bark beetles. (Ord. 14-239, 10-9-2014)