(A) From and after the passage of this section, there shall be established a Weed Control Board composed of the members hereinafter designated, to be known as the County Weed Control Board, which shall exist in accordance with the provisions of this section as hereinafter set forth, and as the same is from time to time amended and/or repealed.
(B) (1) The County Weed Control Board shall consist of the following members to be appointed by the Board of Commissioners:
(a) One township trustee from the county;
(b) One Soil and Water Conservation District Supervisor;
(c) A representative from the agricultural community of the county;
(d) A representative from the County Highway Department or an appointee of the Board of Commissioners; and
(e) A cooperative extension service agency from the county to serve in a non-voting advisory capacity.
(2) 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 the initial appointment. The Board shall elect a Chairperson and a Secretary. The members of the Board are not entitled to receive any compensation, but are entitled to traveling and other expenses as may be necessary in the discharge of their duties. The Board may appoint an executive director and employ necessary technical, professional and other assistants and it shall fix the qualifications, duties and salaries of these employees subject to the permission of the County Council. The County Highway Supervisor and the Soil and Water Conservation District Supervisor or employees serving the county shall serve as inspectors for the Board. They shall make periodic inspections and report their findings to the Board and the Executive Director, if any.
(C) The powers and duties of the Weed Control Board include the following:
(1) Taking all necessary and proper steps to control and contain noxious weeds which have adverse significance on agricultural production in this state;
(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 such 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 assuring 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 this section; and
(12) Performing those additional duties as the Board of Commissioners may prescribe.
(D) The Weed Control Board shall require persons owning real estate located anywhere in the county and any persons owning easements, rights-of-way or other similar interests in real estate located in the county to control and contain any noxious weeds growing on the property. 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 servied personally by the County Sheriff.
(E) The following are noxious weeds under this section:
(1) Canada thistle (Cirsium arvense);
(2) Johnson grass; and
(3) Sorghum almum (Sorghum halepense).
(F) Any person who fails to begin a program recommended by the Weed Control Board to control and contain noxious weeds within the time prescribed under division (D) above is guilty of a Class C infraction.
(G) The State Cooperative Extension shall provide technical assistance to the County Weed Control Board in order to control and contain the growth and spread of noxious weeds.
(1984 Code, § 11-2) (Ord. 1982-C-1, passed 5-3-1982) Penalty, see § 10.99
Cross-reference:
See also nuisance weed regulations in §§ 94.01 et seq.