rights - Remedial requirements - Liens.
1. a. If a county weed officer determines that any land other than that referenced in
subsection 2 contains noxious weeds, the county weed control officer may first
contact the occupant and request that the occupant control the noxious weeds
within a prescribed time period and in a prescribed manner. If the county weed
control officer determines that the occupant has failed to control the noxious
weeds, as requested, the county weed officer shall serve upon the landowner
written notice, either personally or by certified mail, requiring the landowner to
control the noxious weeds within the time period prescribed by the county weed
control officer.
b. The notice must:
(1)Specify the minimal remedial requirements;
(2)Specify the time within which the
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rights - Remedial requirements - Liens.
1. a. If a county weed officer determines that any land other than that referenced in
subsection 2 contains noxious weeds, the county weed control officer may first
contact the occupant and request that the occupant control the noxious weeds
within a prescribed time period and in a prescribed manner. If the county weed
control officer determines that the occupant has failed to control the noxious
weeds, as requested, the county weed officer shall serve upon the landowner
written notice, either personally or by certified mail, requiring the landowner to
control the noxious weeds within the time period prescribed by the county weed
control officer.
b. The notice must:
(1) Specify the minimal remedial requirements;
(2) Specify the time within which the landowner must meet the minimum
remedial requirements;
(3) Specify that the landowner may be subject to penalties provided under this
chapter if the landowner fails to comply with the remedial requirements;
(4) Include a statement of costs if the landowner fails to control the noxious
weeds and the county weed officer must provide for control of the weeds;
and
(5) Provide that the landowner may stay any efforts by the county weed officer
to control noxious weeds on the land by requesting in writing that the county
weed board hold a hearing on the matter.
c. If the landowner does not meet the minimum remedial requirements within the
time specified in the notice and does not request a hearing on the matter by the
county weed board, the county weed control officer may cause the noxious
weeds to be controlled and the expenses charged against the land of the
landowner. These expenses are part of the taxes to be levied against the land for
the ensuing year and must be collected in the same manner as other real estate
taxes.
d. If after holding a hearing on the matter, the county weed board directs that the
noxious weeds be controlled by the county weed officer, the landowner may
appeal the decision to the board of county commissioners. A decision by the
board of county commissioners is final.
e. If the landowner does not appeal the decision to the board of county
commissioners, or if the board of county commissioners upholds the decision of
the county weed board, the county weed control officer may cause the noxious
weeds to be controlled and any expenses incurred by the county weed officer in
controlling the weeds must be charged against the land of the landowner. These
expenses are part of the taxes to be levied against the land for the ensuing year
and must be collected in the same manner as other real estate taxes.
2. a. If a city weed control officer determines that land within the officer's jurisdiction
contains noxious weeds, the officer may serve upon the landowner written notice
either personally or by certified mail, requiring the landowner to control the
noxious weeds within the time period prescribed by the city weed control officer.
b. The notice must:
(1) Specify the minimal remedial requirements;
(2) Specify the time within which the landowner must meet the minimum
remedial requirements;
(3) Specify that the landowner may be subject to penalties provided under this
chapter if the landowner fails to comply with the remedial requirement;
(4) Include a statement of costs if the landowner fails to control the noxious
weeds and the city weed officer must provide for control of the weeds; and
(5) Provide that the landowner may stay any efforts by the city weed officer to
control noxious weeds on the land, by requesting in writing that the city
weed board hold a hearing on the matter.
c. The city weed officer shall deliver a copy of the notice personally or forward a
copy of the notice by certified mail to any tenant, lessee, or operator of the land
on which the noxious weeds are located.
d. If the landowner does not meet the minimum remedial requirements within the
time specified in the notice and does not request a hearing on the matter by the
city weed board, the city weed control officer may cause the noxious weeds to be
controlled and the expenses charged against the land of the landowner. These
expenses are part of the taxes to be levied against the land for the ensuing year
and must be collected in the same manner as other real estate taxes.
e. If after holding a hearing on the matter the city weed board directs that the
noxious weeds be controlled by the city weed officer, the landowner may appeal
the decision to the governing body of the city. A decision by the governing body is
final.
f. If the landowner does not appeal the decision to the governing body of the city, or
if the governing body of the city upholds the decision of the city weed board, the
city weed control officer may cause the noxious weeds to be controlled and any
expenses incurred by the city weed officer in controlling the weeds must be
charged against the land of the landowner. These expenses are part of the taxes
to be levied against the land for the ensuing year and must be collected in the
same manner as other real estate taxes.