A. Kinds Of Notices: Notices for control of county noxious weeds shall consist of two (2) kinds:
1. General Notice: A general notice for control of county noxious weeds to be published in a newspaper of general circulation within the county; and
2. Individual Notices: Individual notices in a form prescribed by the commissioners.
B. Failure To Publish Or Serve: Failure to publish the notice for control or to serve individual notices herein provided does not relieve any person of the responsibility to fully comply with this chapter. In all cases, such published notices shall be deemed legal and sufficient notice. The general notice for control shall be published at least one time between March 1 and April 30 and shall contain a list of both the Idaho noxious weeds and the county noxious weeds and shall specifically indicate those noxious weeds known to be in or imminently threatening to the county, and shall stipulate the obligation of control.
C. Individual Notice: Whenever the commissioners find it necessary to secure more prompt or definite control of county noxious weeds than is accomplished by the general notice, they shall cause individual notices to be served upon the person or agency owning and controlling such land, giving specific instructions when and how certain named weeds are to be controlled. The individual notice shall also contain information concerning the right to appeal pursuant to section 3-3-14 of this chapter.
D. Neglect Or Failure To Control:
1. Control By County: Whenever the owner of any land on which county noxious weeds are present has neglected or failed to initiate control as required pursuant to this chapter within five (5) working days from receipt of an individual notice given pursuant to this section, the commissioners shall use such control methods as they deem appropriate on such land, including, if necessary, destruction of crops, and shall advise the owner of the cost incurred in connection with such operation.
2. Cost; Lien: The cost of any control on private or public land shall be at the expense of the owner or agency. If unpaid for sixty (60) days or longer, the amount of such expense shall become a lien upon the property. Thereafter the lien shall be subject to collection by the county by sale of the property in the same manner as for delinquent taxes.
3. Suit For Collection: If the costs have not been paid to the control authority which performed the work within sixty (60) days, the commissioners may direct that suit be brought in any court of competent jurisdiction for the unpaid charges.
4. Additional Remedies: Nothing contained in this section shall be construed to require satisfaction of the obligation imposed by the sale of property or to bar the application of any other available remedy.
5. Amounts Collected: Amounts collected under the authority of this section shall be deposited to the county noxious weed fund.
E. Infestation Uncontrollable By Owner:
1. Quarantine; Destruction: When it appears to the commissioners that upon any land under its jurisdiction there is an infestation of county noxious weeds beyond the ability of the owner of such land to control, the commissioners may quarantine such land and immediately apply any necessary control of such noxious weeds including destruction of crops.
2. Consideration Of Alternatives: The commissioners shall, prior to entry upon such land, request consultation with the owner to consider alternatives.
3. Notice: Prior to entry, commissioners shall serve individual notices on the owner thereof of such quarantine and of the date of the proposed entry, and shall advise the owner of the completion of the control operation and the cost thereof. If the owner is not known or readily available, notice shall be deemed satisfied after eight (8) days from postmark of registered mail to the address as shown on the assessment roll of the county. (Ord. 01-3, 4-9-2001)