1. Written Complaint concerning weeds is received.
2. Building Inspector investigates complaint and finds the building to be:
a. A violation of the weed ordinance (Ch. 91).
3. Building Inspector photographs the property.
4. Contact the County Attorney and provide photographs (electronically), address, and owner name, if known. The County Attorney will order title search and then provide to Building Inspector an Attorney’s Title Opinion showing parties with a substantial interest in said property.
5. Building Inspector will complete order form.
6. Building Inspector will send order via certified mail to all parties indicated on the Title Opinion and simultaneously will publish the order with the newspaper to run consecutive weeks.
a. A hearing must be held at the earliest of ten days after notice is given (meaning the date the order is received or the second day the order was published) if the Building Inspector recommends:
1. Continuing maintenance and upkeep of the building and premises in accordance with standards established by ordinance.
b. The Board of Commissioners shall make a determination in writing (but not at a public hearing) that a “reasonable effort” was made to make service of the order and maintain this record in the file.
7. The hearing, if required, will be before the Board of Commissioners and the Board of Commissioners can decide to affirm the order issued by the Building Inspector, rescind it, or modify the order. If the Board of Commissioners affirm the order, a continuous enforcement order shall be issued. The minutes of the hearing should reflect the findings made and action taken by the Board of Commissioners.
8. Parties with a substantial interest in the property can appear in person and/or by counsel at the hearing. The complainant may also appear at the hearing. The orders issued by the Board of Commissioners shall be promptly sent to all parties.
9. If the Board of Commissioners issue a continuous enforcement order, service has been made on all parties listed on the title opinion, the order has not been complied with, and no court proceeding is pending, the county may proceed with hiring a contractor to perform the work required by the order or using county resources to do the work.
10. If the work is $10,000 or more, the work must be let at public bid and notice provided to all parties listed on the title opinion.
a. Note: If this situation occurs, contact the County Attorney for instructions and direction on how to proceed.
11. If the cost of the work is below $10,000, no public bids must be solicited. A local contractor engaged in this type of work can be used to do the work or the county could undertake the work with its own employees.
12. It will be important to track the date of the work is completed by the contractor or county. The bill for the work should be sent to each person having a substantial interest in the property.
a. If the costs have not been paid by a person having a substantial interest in the property within 15 days of the completion of the work, the Building Inspector shall send notice to all parties listed on the Title Opinion and demand full payment within 30 days, including the administrative fees of the county.
b. If the payment has not been made within 30 days, the Building Inspector shall certify the amount due to the County Auditor.
13. The Building Inspector shall record with the County Recorder the order and any subsequent actions taken, such as a continuous enforcement order, notice of public bids, modification, or termination of an order, and the like.
a. Timely recording of these documents is very important.
b. Contemporaneously with the issuance of the order, send the order to the Recorder for recording. There may be a charge for the recording.
Note: Since the Board of Commissioners acts as the hearing officer on the merits of any weed complaints, then complaints from citizens or the responses by the property owners should not be addressed to the Board of Commissioners before the time set for a hearing. Therefore, a person wishing to complain about weeds should be referred to the Building Inspector, but not put on the agenda for a Board of Commissioners meeting.