48-2998

48-2998. Alternative plan to eradicate noxious
plants

A. As an alternative to proceeding under section 48-2997, the board of directors
may remove and eradicate noxious weeds, shrubs, vines or grasses from the district under
this section. If the board elects to do so, it shall adopt a resolution containing:

1. A legal description, by tracts, parcels or lots, of the lands to be included in
the proceeding. The resolution may embrace any number of contiguous tracts, parcels or
lots, but each shall be separately described.

2. A declaration that noxious weeds, shrubs, vines or grasses, specified by name,
have been found on the lands.

3. A declaration that the presence of the noxious plants constitutes a nuisance to
other lands in the district.

4. A requirement that the owner, lessee, tenant or other person in charge of the
land immediately eradicate the noxious plants and that if the person does not the
district will proceed with the eradication.

5. The time and place where the board will hear objections of any owner of the
lands and reasons why the district should not proceed to eradicate the noxious plants and
with the assessment of the cost of the eradication against the tracts, parcels or lots of
land affected.

B. Not less than five nor more than fifteen days before the date set for the
hearing, the board shall cause a notice to be conspicuously posted at least three places
not more than five hundred feet apart on the property described. The notice shall
briefly recite the adoption of the resolution and the date of adoption, together with a
statement of every material matter embodied in the resolution, including notice of the
time, place and purpose of the meeting of protest, and that, unless the noxious plants
are immediately removed and eradicated, the district will proceed with their
removal. The notice shall be headed in capital letters not less than one inch in height,
"notice to destroy noxious plants". The inspector or other person posting the notices
shall report to the board the date the notices were posted.

C. At the time and place stated in the notice, the board shall hear protests
against the proposed action and may continue the hearing from time to time. On
conclusion of the hearing, the board, by motion or resolution, shall allow or overrule
any objections, whereupon the board is deemed to have acquired jurisdiction to proceed
with the work of eradication, and the decision of the board is then final.

D. After final action, or if no objections are received, the board may order its
inspector to enter the premises described and eradicate the noxious plants. The
inspector and the inspector's assistants may enter private property for that purpose.

E. A property owner has the right to eradicate noxious plants at the owner's own
expense if done before the work by the inspector begins. If done to the satisfaction of
the inspector and the board, no cost or assessments shall accrue against the particular
tracts, parcels or lots of land on which the noxious plants have been eradicated.

F. The inspector shall keep an accurate account of the cost of the work done by the
inspector or under the inspector's supervision and the expense incurred on each tract,
parcel or lot of land and shall render an itemized report of the costs in writing to the
board. A copy of the report shall be posted in the office of the board and a copy served
on the owner of each tract, parcel or lot of land affected, if the owner can be found in
the county.

G. At a time fixed by the board, not less than three days after filing the
inspector's report, the board shall meet to discuss the report and hear objections or
complaints to the report made by owners of the property liable for assessments. After
hearing the objections, if any, and making amendments to or modifications of the report
as the board deems proper, the board shall by motion or resolution confirm the report.

H. The cost, when fixed and determined under this section, constitutes a special
assessment and a lien of the district against the respective tracts, parcels or lots of
land described. The assessments shall then be certified by the board to the county
treasurer who shall add them to the next regular statements for county taxes levied
against the respective tracts, parcels or lots of land described. The county treasurer
shall collect the amounts so assessed and levied at the time and in the manner, and
subject to the same procedure and penalties for delinquency, as general county taxes.