3-205

3-205. Abatement of nuisance not imminently
dangerous; procedure; lien; foreclosure; release of lien;
reimbursement costs and penalties to state for certain
abatements

A. If the director believes the danger to the agricultural and horticultural
industry is not imminent, or if impractical for any reason to summarily abate the
nuisance, as described in sections 3-203, 3-204, 3-206 and 3-207, the direction shall not
require summary destruction or eradication, but shall set forth the measures required to
be taken by the owner or person in charge to control, suppress or eradicate the danger,
and shall require the person, at his expense, to take and comply with the measures
specified in the direction and subsequent directions.

B. The directions shall be made, given and served as prescribed for summary
abatement, and if they are not complied with, the director may proceed as provided by the
directions, and the expense shall be charged against the state.

C. If the plant or thing constituting the nuisance consists only of personalty, and
is not attached to land or contained in a building, enclosure, vehicle or place belonging
to the person, the state shall have the same lien and it is enforceable in the same
manner as provided for summary abatement of the nuisance under section 3-204.

D. If the plant or thing is attached to land, or contained in a building, enclosure
or vehicle which is the property of the person, then the lien shall also attach to the
land, building, enclosure or vehicle, and the director shall prepare and file in the
office of the county recorder where the property is situated a notice of the lien,
setting forth the amount and the name of the owner or person in charge, and stating that
the amount of the lien shall be paid within thirty days from filing the notice, or
otherwise the property will be subjected to payment thereof.

E. The lien shall be prior to all other liens against the property except liens for
state and county taxes. If the amount of the lien is not paid within the thirty days,
the county attorney shall, on written request of the director, foreclose the lien against
the property impressed therewith as other liens are foreclosed.

F. Upon satisfaction of the lien, the director shall issue a release of the lien to
the person against whom the lien was claimed. Such release shall be a document in a form
as specified in section 11-480.

G. If the director is required to abate the nuisance of cotton or cotton stubble
which is not destroyed before a date established by the director or is required to abate
the nuisance of cotton planted before a date established by the director, unless the
director waives such dates due to variations in weather conditions, following the refusal
by the owner or person in charge or control of the nuisance to do so, the owner or person
in charge or control of the nuisance shall reimburse the department for the actual costs
of the state's abatement of the nuisance. In addition, a penalty of fifty per cent of
the costs of the state's abatement of the nuisance shall be imposed. All penalties shall
be deposited in the cotton research and protection council fund established by section
3-1085. An injunction shall not be granted to stay this state from abating the
nuisance. To collect the costs of reimbursement, the director may either request
reimbursement from the cotton research and protection council under programs of the
council to abate cotton fields or from the owner or person in charge. If the actual costs
of abatement are not paid within ten days after the owner or person in charge receives
notice of the amount of the costs, the department may charge one hundred fifty per cent
of the costs and may prepare and file or record in the office of the county recorder of
the county where the land is situated a notice of lien, setting forth the amount of the
unpaid costs and the name of the owner or person in charge, and upon such recording, the
amount required to be reimbursed becomes a lien on the land subordinate only to any lien
for state and local taxes. The director may issue a notice of abatement penalty to be
applied to any rebate authorized pursuant to section 3-1083, subsection B, paragraph 4
and section 3-1087, subsection B.