(A) Pursuant to I.C. 36-7-10.1 et seq., the County Weed Control Board is hereby established to control and contain Canadian thistle, Johnson grass and sorghum almum within the county, which weeds are hereafter called "noxious weeds".
(B) The Weed Control Board shall consist of five members to be appointed by the County Commissioners of the county: one township trustee; one Soil and Water Conservation District Supervisor; one representative from the agricultural community at large; one representative from the County Highway Department; and the cooperative extension service agent from the county, who will serve in a non-voting advisory capacity. Each Board member shall be appointed for a term of four years. All vacancies in the membership of the Board shall be filled for the unexpired term in the same manner as initial appointments. The officers of the Board shall be a Chairperson and a Secretary.
(C) The members of the Board shall not receive any compensation, but are entitled to traveling and other expenses as may be necessary in the discharge of their duties.
(D) The County Highway Supervisor and the Soil and Water Conservation District Supervisor or employee serving on the Board shall serve as inspectors for the Board. They shall make periodic inspections and report their findings to the Board.
(E) The powers and duties of the County Weed Control Board include:
(1) Taking all necessary and proper steps to control and contain noxious weeds which have adverse significance on agricultural production;
(2) Entering upon any land, public or private, at any reasonable time after giving 48 hours notice to the person in possession of the land to inspect for noxious weeds, unless permission is granted to enter earlier;
(3) Purchasing supplies, material and equipment;
(4) Acquiring by gift or purchase, holding or disposing of, any real property in the name of the Board, to include such facilities as offices, laboratories, operational buildings, rights-of-way and easements;
(5) Making contracts for the purpose of carrying out the duties of the Board;
(6) Entering into cooperative agreements with appropriate organizations for the purpose of sharing technical assistance in developing and carrying out the purposes of the Board;
(7) Identifying problems determined to be of importance to the public welfare and developing control programs appropriate to each situation;
(8) Undertaking investigations to determine the extent of infestation of noxious weed species, along with their effect on agricultural production in the county;
(9) Employing the latest technological advances to control and contain noxious weeds in the county;
(10) Accepting gifts and grants of money, services or property for any use consistent with the objectives of the Board;
(11) Exercising all other powers necessary to carry out the purposes of I.C. 36-7-10.1 et seq.; and
(12) Performing such additional duties as the County Commissioners of the county may direct.
(F) (1) The Weed Control Board shall require persons owning real estate located anywhere in the county and persons owning easements, rights-of-way or other similar interest in real estate located in the county to control and contain any noxious weeds growing on that property.
(2) A five-day written notice to remove any noxious weeds shall be issued by the Board and served by certified or registered mail addressed to the latest address of the person or to his or her resident agent. In the alternative, notice may be served personally by the County Sheriff.
(G) Any person failing to begin a program recommended by the County Weed Control Board to control and contain noxious weeds within five days of notification as required in division (F) above shall be guilty of Class C infraction.
(Ord. 6-1986, passed 7-7-1986)