(A) Establishment; duties. The Morgan County Weed Control Board is established and the Board is empowered to perform all duties set forth as follows:
(1) Taking all necessary and proper steps to control and contain noxious weeds defined as Canada thistle, Johnson grass, Columbus grass, Bur cucumber, Shattercane, common waterhemp and tall waterhemp, marestail or horseweed, Palmer amaranth or carelessweed, poison hemlock, Powell amaranth, and rough pigweed, and smooth pigweed which have adverse significance on agricultural production in Indiana.
(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 facilities as offices, laboratories, operational buildings, rights-of-way, and easements.
(5) Making contracts to carry out the duties of the Board.
(6) Entering into cooperative agreements with appropriate organizations to assure 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 a situation.
(8) Undertaking investigations to determine the extent infestation on agricultural production in the county.
(9) Employing the latest technological advances to control and contain noxious weeds in the county.
(10) Accepting gifts, 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 this section.
(12) Performing additional duties as the authorizing body may prescribe.
(B) Control and containment of weeds.
(1) The Weed Control Board shall require persons who own real estate or easements, right-of-way, or other similar interest in real estate, within Morgan County, to control and contain noxious weeds growing on the real estate. A five day written notice shall be issued by the Board and the notice may be served by certified mail addressed to the last address of the person or to the person's registered agent or personally by the sheriff. The Weed Control Board shall notify the township trustee when the Board has sent a notice to a person to remove noxious weeds growing on real estate in the township.
(2) Should a person fail to begin a program recommended by the Weed Control Board to control and contain noxious weeds within the time prescribed above, the Weed Control Board may pay the following costs incurred in cutting or destroying noxious weeds under this section.
(a) Chemicals.
(b) Equipment.
(c) Labor at a rate per hour to be fixed by the Weed Control Board commensurate with local hourly wages.
(3) When the work has been performed, the person doing the work shall file an itemized bill for the work in the office of the County Auditor. When the bill has been approved, the Weed Control Board shall pay the bill from the county general fund unless the county has established a separate fund for the Weed Control Board. The Weed Control Board shall certify the cost of the work, adding to the bill $20 per day for each day that a member of the Weed Control Board or the Board's agent supervises the performance of the services required under this section as compensation for services. The certified statement of costs must include a description of the real estate on which the labor was performed.
(4) The certified statement of costs prepared under division (B)(3) of this section must be provided to the owner or person possessing the real estate by certified mail or personal service, and by mail to the auditor of state for any real estate owned by the state or to the fiscal officer of another municipality for real estate owned by the municipality. The statement must request that the person pay the cost of performing the service to the Weed Control Board.
(5) Failure to pay for weed control within ten days of receipt of the certified statement referenced above will result with the Weed Control Board filing a copy of the certified statement in the office of the County Auditor of Morgan County. The Auditor shall place the amount claimed in the certified statement on the tax duplicate of the real estate. The amount claimed shall be collected as taxes are collected. After the amount is collected, the funds must be a part of the Weed Control Board fund, if one has been established by the county, for use at the discretion of the Weed Control Board. If a Weed Control Board fund has not been established, the funds collected must be deposited in the county general fund.
(6) Any person who fails to begin a program recommended by the Weed Control Board to control and contain noxious weeds within a time prescribed by the Board commits a Class C infraction.
(Ord. 2018-8, passed 10-15-2018; Ord. 2018-16, passed 12-3-2018)