TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 24

NOXIOUS WEEDS

22-2405.  County duties. (1) The county control authority shall:

(a)  Carry out the duties and responsibilities vested in the county under this chapter and rules prescribed by the director; and

(b)  Establish and maintain a coordinated program for control of noxious weeds in the county; employ a county weed superintendent, who may be a superintendent for more than one (1) county and who shall be qualified to detect and treat noxious weeds; and

(c)  Designate one (1) of its members as the liaison between the county weed superintendent and the county commissioners; and

(d)  Provide operational and educational funds for the county weed superintendent; and

(e)  Be authorized to initiate cooperative agreements with other agencies or counties for the designation of or participation in cooperative weed management areas for control of noxious weeds.

(2)  A general notice for control of noxious weeds shall be published between March 1 and April 30 in a newspaper of general circulation within the county. The notice shall contain the list of noxious weeds and identify those known to be in the county and shall stipulate the obligation to control. Failure to publish the notice for control or serve individual notices herein provided does not relieve any person from full compliance with this chapter thereunder. In all cases said published notice shall be deemed legal and sufficient notice.

(3)  Whenever any county finds it necessary to secure more prompt or definite control of noxious weeds than is accomplished by the general notice, it shall cause individual notices on a form prescribed by the director to be served upon the landowner and where possible on the operator of the land giving specific instructions when and how certain named noxious weeds are to be controlled. The individual notice shall also contain information concerning the right to appeal pursuant to section 22-2408, Idaho Code. Individual notices shall be applicable only to the current growing season.

(4)  Whenever the landowner of any nonfederal land or nonfederally administered land on which noxious weeds are present has neglected or failed to initiate control as required pursuant to this chapter within five (5) working days from receipt of an individual notice given pursuant to this section, the county having jurisdiction shall have proper control methods used on such land, including necessary destruction of crops, and shall advise the landowner of the cost incurred in connection with such operation. If the landowner is not known or readily available, notice shall be deemed satisfied after eight (8) days from the notice’s postmark or certified registered receipt to the address as shown on the assessment roll of the county. The cost of any such control shall be at the expense of the landowner. If the costs have not been paid to the control authority within sixty (60) days, the control authority may direct that suit be brought in a court of competent jurisdiction for the unpaid charges. On private lands, if unpaid for sixty (60) days or longer, the amount of such expense shall become a lien upon the property; and thereafter the lien shall be subject to collection by the county by sale of the property in the same manner as for delinquent taxes. Nothing contained in this section shall be construed to require satisfaction of the imposed obligation by the sale of property or to bar the application of any other available remedy.

(5)  Amounts collected under the provisions of this section shall be deposited to the noxious weed fund of the county and shall be accounted for as prescribed by the county auditor. Disbursements from the noxious weed fund shall be made only for noxious weed control purposes.

(6)  The county weed superintendent shall:

(a)  Examine all land within the county for the purpose of determining whether the provisions of this chapter and rules of the director have been complied with; and

(b)  Compile data and submit reports as the director or county may require; and

(c)  Implement enforcement action as outlined in this chapter; and

(d)  Consult, advise and provide direction on matters pertaining to the most effective and most practical methods of noxious weed control; and

(e)  Investigate or aid in the investigation and prosecution of any violation of the provisions of this chapter; and

(f)  Make recommendations regarding establishment of cooperative weed management areas; and

(g)  Participate on weed control advisory committees to develop and implement noxious weed control strategies for cooperative weed management areas, at the discretion of the county weed control authority.

History:

[(22-2405) 1981, ch. 309, sec. 6, p. 639; am. 1987, ch. 331, sec. 5, p. 694; am. and redesignated 1989, ch. 298, sec. 5, p. 735; am. and redesig. 1993, ch. 247, sec. 6, p. 864; am. 1999, ch. 75, sec. 4, p. 216; am. 2006, ch. 225, sec. 4, p. 673; am. 2023, ch. 30, sec. 1, p. 148.]