A. Written Complaints; Notification Of Landowner: Only signed written complaints shall be reviewed and investigated by the board. Upon receipt of a complaint, the board shall immediately notify the landowner of the complaint and name a voting member to act as a contact for the landowner. That board member shall arrange with the landowner a time for the appointed investigatory team to examine the orchard or private orchard in question.
B. Investigation Team: The board shall appoint three (3) investigators to carry out the field inspection of any orchard or private orchard under review by the board. The investigatory team shall be composed of that board member named as the contact person for the landowner, and that person employed by the University of Idaho as the Payette County agricultural extension agent to act as an advisor. The other member of the investigatory team shall be determined by the board.
C. Inspection Procedures: The orchard review board in conjunction with that person employed by the University of Idaho as the Payette County agricultural/University of Idaho agricultural extension service, any other agricultural extension specialist deemed necessary, and a representative of the Idaho department of agriculture, division of plant industries, will establish the inspection procedures to be used by any orchard review board investigatory team. Such procedures shall be reviewed by the board of county commissioners and must be approved by the board of county commissioners prior to implementation.
D. Written Notice To Control Pests: If the investigatory team finds that an orchard or private orchard does in fact contain orchard pests, the landowner in question shall be given written notice to control such pests within ten (10) days of receipt of the notice. Such notice shall comply with subsection 2-1-4D3, "Notification", of this chapter.
E. Failure To Comply; Show Cause Hearing: If the landowner fails to control the specified pest or pests within ten (10) days, the landowner in question shall be given notice, not less than seven (7) days before the hearing, to appear before the board to show cause why the board should not initiate steps to control the pest or pests. Such notice shall comply with subsection 2-1-4D of this chapter.
F. Contract To Control: Unless the landowner can show that the agricultural pests do not exist, or that they do exist but it is not necessary to control them, such landowner shall be requested to enter into a contract with the orchard review board specifying a time in which such pests will be controlled by the landowner, and any other provisions determined by the orchard review board to be necessary for the fulfillment of the purposes of this chapter.
G. Examination Of Remedies: In the event that the orchard review board and the landowner cannot reach an agreement on how to resolve the situation, the board shall have the right and authority to take action, including, but not limited to, funding, education, contract spraying, orchard or private orchard destruction and uprooting, and/or chemical herbiciding of tree stumps.
H. Request For Hearing: Any landowner subject to an investigation by the orchard review board or under an agreement with the board may at any time request, through their orchard review board contact person, a hearing before the orchard review board. Granting of the request for a hearing shall be at the discretion of the orchard review board.
I. Refusal To Comply; Abatement By Orchard Review Board; Costs: If the landowner does not appear at the hearing, or does appear, but refuses to enter into the contract as requested by the orchard review board, or fails to comply with the terms of the contract, the orchard review board may cause control procedures to be initiated as soon as practicable at the owner's expense. Collection of said expenses shall be made through a private course of action brought by the members of the orchard review board. (Ord. 2006-10, 6-12-2006)