A. When noxious weeds are found within county:
1. 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 state that it is the duty and responsibility of all landowners to control noxious weeds on their land and property. Failure to publish the notice for control or serve individual notices herein provided does not relieve any person from full compliance with the provisions of this chapter. In all cases said published notice shall be deemed legal and sufficient notice.
2. Whenever the county weed superintendent finds it necessary to secure more prompt or definite control of noxious weeds than is accomplished by the general notice, it may serve individual notices on 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 potential for the assessment of a civil penalty and the right to appeal the penalty assessment within two (2) working days from the date of service of the notice, pursuant to sections 22-2408 and 22-2409, Idaho Code, as may be amended or retitled from time to time. Such service shall be by personal service or by certified mail directed to the address of the landowner, as shown on the assessment rolls of the county, occupant or person in charge of possession. Notice shall be deemed satisfied after eight (8) days from the postmark of the certified mailing to the address as shown on the assessment roll of the county. If service of the written notice cannot be verified, additional notice may be posted to a building or other place on the property so conspicuous that any person occupying, possessing or using the property could reasonably be expected to see it. A posting of the notice in this manner for a period of five (5) days shall constitute additional service of the notice. Individual notices shall be applicable only to the current growing season.
3. 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 the date an individual notice was served, pursuant to this section, the county control authority may assess a civil penalty of not more than one hundred dollars ($100.00). Penalties shall be based on the noxious weed action plan, duly adopted by the county control authority.
4. Failure to initiate control of the noxious weeds within five (5) working days from receipt of the individual notice given pursuant to this section further authorizes the county weed superintendent to have proper control measures used on such land, including necessary destruction of crops. The county weed superintendent shall advise the landowner of the cost incurred in connection with such control measures. The cost of any such control measures shall be at the expense of the landowner. Nothing in this chapter prohibits the county weed superintendent from using proper control measures on noxious weeds, in lieu of civil penalties, if the county weed superintendent deems such action to be in the best interest of the public.
5. When the cost of proper control measures to control the noxious weeds of a landowner is estimated to exceed one hundred fifty dollars ($150.00), the county weed superintendent may serve individual notice, as provided in subsection A2 of this section, giving the landowner of any nonfederal land or nonfederally administered land, specific instructions when and how certain named noxious weeds are to be controlled. The individual notice shall also contain information concerning the potential for the assessment of a civil penalty and the right to appeal the penalty assessment within two (2) working days from the date of service of the individual notice, pursuant to sections 22-2408 and 22-2409, Idaho Code, as may be amended or retitled from time to time. Whenever the landowner on which noxious weeds are present has neglected or failed to initiate control as required, within five (5) working days from the date an individual notice was served, pursuant to this section, the county control authority may assess a civil penalty of twice the amount of the estimated abatement control measures, not to exceed one thousand dollars ($1,000.00). Failure to initiate control of the noxious weeds within five (5) working days from receipt of the individual notice given pursuant to this section further authorizes the county weed superintendent to have proper control measures used on such land, including necessary destruction of crops. The county weed superintendent shall advise the landowner of the cost incurred in connection with such control measures. The cost of any such control measures shall be at the expense of the landowner. Nothing in this chapter prohibits the county weed superintendent from using proper control measures on noxious weeds, in lieu of civil penalties, if the county weed superintendent deems such action to be in the best interest of the public.
6. If the weed control expenses and/or civil penalties have not been paid to the county control authority within sixty (60) days of the expenses billing and/or penalty assessment, the county control authority may direct that suit be brought in a court of competent jurisdiction for the unpaid charges and/or penalties. Pursuant to section 22-2405(4), Idaho Code, as it may be amended or retitled from time to time, on private lands, if unpaid for sixty (60) days or longer, the amount of such unpaid charges and/or penalties shall become a lien upon the property; and thereafter the lien shall be subject to collection by county by sale of the property in the same manner as for delinquent taxes. Nothing contained in this chapter 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.
7. Any person who violates any provision of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with the county control authority, its agents or employees, in the execution, or on account of the execution of their duties under this chapter, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00) or be imprisoned in a county jail for not more than six (6) months or be subject to both such fine and imprisonment.
8. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to section 22-2409, Idaho Code, as it may be amended or retitled from time to time.
9. Any person against whom the county control authority has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the county control authority making the assessment, appeal the assessment to the district court of Ada County.
10. All civil penalties collected pursuant to this chapter shall be remitted to the Ada County noxious weed fund, from which disbursements shall be made only for noxious weed control purposes.
11. It shall be a separate offense for each day that a noxious weed is maintained, kept or allowed to exist. However, individual civil penalties assessed shall not exceed a total of ten thousand dollars ($10,000.00). Nothing in this chapter shall be construed as requiring the county weed superintendent to report minor violations when the county weed superintendent believes that the public interest will be best served by suitable warnings or other administrative action.
12. The county control authority, by and through the Ada County prosecutor's office, may bring an action to enforce the provisions of this chapter, and the penalties provided herein. (Ord. 741, 1-19-2010)