§ 1321 — Noxious weeds and growths; notice to abate; enforcement

§ 1321. Noxious weeds and growths; notice to abate; enforcement. 1.\nIn addition to the mode of service of any notice or order of any local\nboard of health authorized by any other section of this chapter, and\nduring the period or season when a particular and imminent danger to\npublic health arising out of the pollination of weeds, plants or growths\nis determined to exist, any such local board of health may order the\ndestruction of such weeds, plants or growths and the disposition thereof\nby posting a copy of such order conspicuously on the property where such\nnoxious weeds, plants, or growths are found, requiring the destruction\nor other disposition thereof as shall be directed by such order. The\nposting of such order shall be sufficient notice of such order to the\nowner, lessee, occupant of, or principal person or persons interested in\nsuch property, of the nuisance created by such weeds, plants or growths.\n 2. If any such order is not complied with, or so far complied with as\nthe local board of health shall regard as reasonable, within five days\nafter service, or within a shorter time, which, in case of particular\nand imminent danger to the public health the local board of health may\ndesignate, such local board of health or other agency of the\nmunicipality or county may enter upon any such property and remove and\ndestroy any weeds, plants and growths noxious or detrimental to the\npublic health.\n 3. The provisions of sections thirteen hundred six and thirteen\nhundred seven of this chapter shall apply respecting the expense of such\nremoval, destruction or abatement, except where a different method of\ncollecting such expense is otherwise provided by law for and in respect\nto any health district, then and in that event the provisions of such\nlaw in connection therewith shall apply in the case of such health\ndistrict.\n 4. The provisions of this section and of section thirteen hundred\ntwenty of this chapter shall not operate to deprive the local\nlegislative body of any municipality or county of the power to enact\nlocal laws in relation to any matter in respect to which such power\nwould otherwise exist, nor shall it limit such power. If this power\notherwise exists, any provision of this section and of section thirteen\nhundred twenty of this chapter may be superseded, supplemented or\namended by local law in the same manner and to the same extent as such\nprovisions could be superseded, supplemented or amended had this section\nand section thirteen hundred twenty of this chapter not been enacted.\n