CHAPTER 7. WEED CONTROL BOARD
IC 15-16-7
Chapter 7. Weed Control Board
IC 15-16-7-1
"Authorizing body"
Sec. 1. As used in this chapter, "authorizing body" means thebody that has the power to adopt ordinances under IC 36-1-3-6.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-2
"Noxious weed"
Sec. 2. As used in this chapter, "noxious weed" refers to thefollowing:
(1) Canada thistle (Cirsium arvense).
(2) Johnson grass (Sorghum halepense).
(3) Columbus grass (Sorghum almum).
(4) Bur cucumber (Sicyos angulatus).
(5) Shattercane (Sorghum bicolor (L.) Moench spp. drummondii(Steud.) deWet).
As added by P.L.2-2008, SEC.7.
IC 15-16-7-3
Establishment of weed control board
Sec. 3. The authorizing body of any county may establish a weedcontrol board by adopting an ordinance:
(1) on the authorizing body's own initiative; or
(2) after receiving a petition signed by five percent (5%) of theregistered voters of the county.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-4
Board members; terms; officers; traveling expenses
Sec. 4. (a) The weed control board consists of the followingmembers to be appointed by the authorizing body:
(1) One (1) township trustee of the county.
(2) One (1) soil and water conservation district supervisor.
(3) One (1) representative from the agricultural community ofthe county.
(4) One (1) representative from the county highway departmentor an appointee of the county commissioners.
(5) One (1) cooperative extension service agent from the countyto serve in a nonvoting advisory capacity.
(b) Each board member shall be appointed for a term of four (4)years. All vacancies in the membership of the board shall be filledfor the unexpired term in the same manner as initial appointments.
(c) The board shall elect a chairperson and a secretary. Themembers of the board are not entitled to receive any compensation,but are entitled to any traveling and other expenses that are necessaryin the discharge of the members' duties.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-5
Executive director; employees
Sec. 5. The weed control board may:
(1) appoint an executive director; and
(2) employ necessary technical, professional, and otherassistants.
The board shall fix the qualifications, duties, and salaries of theseemployees subject to the approval of the county council.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-6
County highway supervisor and soil and water conservationdistrict supervisor duties
Sec. 6. The county highway supervisor and the soil and waterconservation district supervisor or employee serving the county shall:
(1) serve as inspectors for the weed control board;
(2) make periodic inspections; and
(3) report their findings to the board and the executive director,if any.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-7
Board's powers and duties
Sec. 7. The powers and duties of the weed control board includethe following:
(1) Taking all necessary and proper steps to control and containnoxious weeds that have adverse significance on agriculturalproduction in Indiana.
(2) Entering upon any land, public or private, at any reasonabletime after giving forty-eight (48) hours notice to the person inpossession of the land to inspect for noxious weeds, unlesspermission is granted to enter earlier.
(3) Purchasing supplies, material, and equipment.
(4) Acquiring by gift or purchase, holding, or disposing of, anyreal property in the name of the board, to include facilities asoffices, laboratories, operational buildings, rights-of-way, andeasements.
(5) Making contracts to carry out the duties of the board.
(6) Entering into cooperative agreements with appropriateorganizations to assure technical assistance in developing andcarrying out the purposes of the board.
(7) Identifying problems determined to be of importance to thepublic welfare and developing control programs appropriate toa situation.
(8) Undertaking investigations to determine the extent ofinfestation of noxious weed species, along with the effect of theinfestation on agricultural production in the county.
(9) Employing the latest technological advances to control andcontain noxious weeds in the county.
(10) Accepting gifts, 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 thepurposes of this chapter.
(12) Performing additional duties as the authorizing body mayprescribe.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-8
Marijuana eradication program
Sec. 8. In addition to the weed control board's powers and dutiesunder section 7 of this chapter, the weed control board may establisha marijuana eradication program to eliminate and destroy wildmarijuana plants within the county. The program is funded byamounts appropriated by the county:
(1) under IC 33-37-8; and
(2) from the county general fund.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-9
Property owners; obligation to control noxious weeds; removalnotice
Sec. 9. (a) The weed control board shall require persons who own:
(1) real estate; or
(2) easements, rights-of-way, or other similar interests in realestate;
in the county to control and contain noxious weeds growing on thereal estate.
(b) A five (5) day written notice to remove any noxious weedsshall be issued by the board. The notice may be served:
(1) by certified or registered mail addressed to the latest addressof the person or to the person's resident agent; or
(2) personally by the sheriff.
(c) The weed control board shall notify the township trustee whenthe board has sent a notice to a person to remove noxious weedsgrowing on real estate in the township.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-10
Cutting and destroying noxious weeds by board; statement of coststo property owner
Sec. 10. (a) If a person fails to begin a program recommended bythe weed control board to control and contain noxious weeds withinthe time prescribed in section 9 of this chapter, the weed controlboard may pay the following costs incurred in cutting or destroyingnoxious weeds under this chapter:
(1) Chemicals.
(2) Equipment.
(3) Labor at a rate per hour to be fixed by the weed controlboard commensurate with local hourly wages.
(b) When the work has been performed, the person doing the work
shall file an itemized bill for the work in the office of the weedcontrol board. When the bill has been approved, the weed controlboard shall pay the bill from the county general fund unless thecounty has established a separate fund for the weed control board.The weed control board shall certify the cost of the work, adding tothe bill twenty dollars ($20) per day for each day that a member ofthe weed control board or the board's agent supervises theperformance of the services required under this chapter ascompensation for services. The certified statement of costs mustinclude a description of the real estate on which the labor wasperformed.
(c) The certified statement of costs prepared under subsection (b)must be provided:
(1) to the owner or person possessing the real estate by:
(A) certified mail; or
(B) personal service; and
(2) by mail to the auditor of state for any real estate owned bythe state or to the fiscal officer of another municipality (asdefined in IC 5-11-1-16) for real estate owned by themunicipality.
The statement must request that the person pay the cost ofperforming the service under subsection (b) to the weed controlboard.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-11
Failure to pay for weed removal; amount placed on tax duplicate;disposition of funds
Sec. 11. (a) If the owner or person in possession of the propertydoes not pay the amount set forth in the statement under section10(b) of this chapter within ten (10) days after receiving the certifiedstatement under section 10(c) of this chapter, the weed control boardshall file a copy of the certified statement in the office of the countyauditor of the county where the real estate is located.
(b) The auditor shall place the amount claimed in the certifiedstatement on the tax duplicate of the real estate. Except as providedin section 12 of this chapter, the amount claimed shall be collectedas taxes are collected.
(c) After an amount described in subsection (b) is collected, thefunds must be deposited in the weed control board fund, if one hasbeen established by the county, for use at the discretion of the weedcontrol board. If a weed control board fund has not been establishedby the county, the funds collected must be deposited in the countygeneral fund.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-12
Cutting and destroying weeds by the board on governmentalproperty
Sec. 12. (a) This subsection applies to real estate owned by the
state. The auditor of state shall issue a warrant to pay the amount setforth in the certified statement under section 10(b) of this chapter forreal estate owned by the state and shall charge the appropriate fundfor the amount.
(b) This subsection applies to real estate owned by a municipality(as defined in IC 5-11-1-16). The fiscal officer of the municipalityshall make the necessary appropriation from the appropriate fund topay the weed control board the amount set forth in the certifiedstatement under section 10(b) of this chapter for real estate owned bythe municipality.
(c) This subsection applies to real estate that is exempt fromproperty taxation. The owner of the tax exempt real estate shall paythe amount set forth in the certified statement under section 10(b) ofthis chapter for the tax exempt real estate. If the owner of the taxexempt real estate fails to pay the amount required by this chapter,the owner is ineligible for the property tax exemption, and thedepartment of local government finance shall deny the property taxexemption for the real estate.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-13
Duties of the county auditor concerning certified statement of costs
Sec. 13. Except as provided in section 12 of this chapter, thecounty auditor, upon receiving and filing the weed control board'scertified statement as prescribed in this chapter, shall:
(1) immediately place the amounts on the tax duplicate of thecounty;
(2) collect the amounts at the next tax paying time, in the samemanner as other state, county, or township taxes are collected,including penalties, forfeitures, and sales; and
(3) after the amount has been collected, place the amount in theproper fund.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-14
Cooperative extension service; technical assistance
Sec. 14. The Purdue University cooperative extension serviceshall provide technical assistance to any weed control board in orderto control and contain the growth and spread of noxious weeds.
As added by P.L.2-2008, SEC.7.
IC 15-16-7-15
Violation; failure to comply with board
Sec. 15. Any person who fails to begin a program recommendedby the weed control board to control and contain noxious weedswithin the time prescribed under section 9 of this chapter commits aClass C infraction.
As added by P.L.2-2008, SEC.7.