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HomeFood and Agricultural CodeDiv. 17Ch. 2Art. 14§ 43040 Lot Abatement Court Orders

§ 43040 Lot Abatement Court Orders

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 43040 Lot Abatement Court Orders

Key Takeaways

  • •If something on your property isn't going bad quickly, the police must tell the director about it.
  • •The director can then ask a court to decide what to do with it within 5 days.
  • •You can also ask the court to give it back to you within 5 days if you fix the problem.
  • •The court must make a final decision within 20 days.

Example

You have an old car sitting in your yard that doesn't work.

The police see it and tell the director. The director can ask a court to make you get rid of it. But if you fix the car or move it within 5 days, you can ask the court to let you keep it. The court will decide within 20 days.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 43040 Lot Abatement Court Orders

If the lot which is held is not perishable or subject to rapid deterioration, the enforcing officer shall immediately report the condition of the lot to the director. Within five days from the receipt of such report, the director may file a petition in the superior court in the county where the lot is situated for an order to show cause, returnable in five days, why the lot should not be abated. The owner or person in possession on his own motion within five days from the expiration of the time specified in the notice of noncompliance may file a petition in such court for an order to show cause, returnable in five days, why the lot should not be released to petitioner and any warning tags previously affixed removed from it. Final determination by the court in either case shall be within a period of not to exceed 20 days from the date such petition was filed. (Enacted by Stats. 1967, Ch. 15.)

Last verified: January 23, 2026

Key Terms

non-perishable lotenforcing officerdirectorpetitionorder to show causeabatednotice of noncompliancewarning tagssuperior court

Related Statutes

  • § 25565 Poultry Meat Abatement Orders
  • § 60016 Marketing Program Fee Deficiencies
  • § 11514 License Suspension Payment Option
  • § 13131.5 Pesticide Registration Suspension
  • § 24684 Enjoining Chapter Violations

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 43040.
View Official Source