CHAPTER 8. DESTRUCTION OF DETRIMENTAL PLANTS
IC 15-16-8
Chapter 8. Destruction of Detrimental Plants
IC 15-16-8-1
"Detrimental plant"
Sec. 1. As used in this chapter, "detrimental plant" includes 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 Moench spp. drummondiideWet).
(6) In residential areas only, noxious weeds and rankvegetation.
The term does not include agricultural crops.
As added by P.L.2-2008, SEC.7. Amended by P.L.1-2009, SEC.113.
IC 15-16-8-2
"Person"
Sec. 2. As used in this chapter, "person" means:
(1) an individual;
(2) an incorporated or unincorporated organization orassociation;
(3) a trustee or legal representative;
(4) the state or an agency of the state;
(5) a political subdivision (as defined in IC 36-1-2-13) or anagency of a political subdivision; or
(6) any combination of persons listed under subdivisions (1)through (5) acting in concert.
As added by P.L.2-2008, SEC.7.
IC 15-16-8-3
Duty to destroy detrimental plants
Sec. 3. A person owning or possessing real estate in Indiana shalldestroy detrimental plants by:
(1) cutting or mowing and, if necessary, by plowing, cultivating,or smothering; or
(2) using chemicals in the bud stage of growth or earlier, toprevent detrimental plants from maturing on the person's realestate.
As added by P.L.2-2008, SEC.7.
IC 15-16-8-4
Township trustee; investigation of detrimental plants; notice
Sec. 4. (a) If a township trustee:
(1) has reason to believe that detrimental plants may be on realestate; and
(2) gives the owner or person in possession of the real estateforty-eight (48) hours notice under subsection (e);the township trustee may enter the real estate to investigate whetherthere are detrimental plants on the real estate.
(b) Except as provided in subsection (d), if the township trusteedetermines by:
(1) investigating real estate located in the trustee's township; or
(2) visual inspection without entering real estate located in thetrustee's township;
that a person has detrimental plants growing on real estate, thetrustee shall give written notice under subsection (e) to the owner orperson in possession of the real estate to destroy the detrimentalplants. The owner or person in possession of the real estate shalldestroy the plants in a manner provided in section 3 of this chapternot more than five (5) days after the notice is received undersubsection (f).
(c) If the detrimental plants are not destroyed as provided insubsection (b), the trustee shall cause the detrimental plants to bedestroyed in a manner most practical to the trustee not more thaneight (8) days after notice is received by the owner or person inpossession of the real estate under subsection (f). The trustee mayhire a person to destroy the detrimental plants. The trustee or theperson employed to destroy the detrimental plants may enter uponthe real estate where the detrimental plants are growing to destroythe detrimental plants and are not civilly or criminally liable fordamage to crops, livestock, or other property occurring whilecarrying out the work, except for gross negligence or willful orwanton destruction.
(d) If the county has established a county weed control boardunder IC 15-16-7, the township trustee may notify the county weedcontrol board of the real estate containing detrimental plants, and theboard shall either assume jurisdiction to control the detrimentalplants or decline jurisdiction and refer the matter back to thetownship trustee. The county weed control board shall notify thetownship trustee of the board's decision.
(e) Notice required in subsection (a) or (b) may be given by:
(1) certified mail; or
(2) personal service.
(f) Notice under subsection (e) is considered received by theowner or person in possession of the real estate:
(1) if sent by mail, on the earlier of:
(A) the date of signature of receipt of the mailing; or
(B) three (3) business days after the date of mailing; or
(2) if served personally, on the date of delivery.
As added by P.L.2-2008, SEC.7.
IC 15-16-8-5
Certification of costs; use of power equipment
Sec. 5. (a) The township trustee may pay the following costsincurred in cutting or destroying detrimental plants under thischapter:
(1) Chemicals. (2) Work.
(3) Labor, at a rate per hour to be fixed by the township trusteecommensurate with local hourly wages.
(b) If the trustee believes the infestation of the real estate withdetrimental plants is so great and widespread that cutting oreradication by hand methods is impractical, the trustee shall use thenecessary power machinery or equipment. The trustee may pay forthe work at a rate per hour fixed by the township trusteecommensurate with the local hourly rate.
(c) When the work has been performed, the person doing the workshall file an itemized bill for the work in the office of the townshiptrustee. When the bill has been approved, the trustee shall pay thebill out of the township fund. If there is no money available in thetownship fund for that purpose, the township board, upon finding anemergency exists, shall act under IC 36-6-6-14(b) or IC 36-6-6-15 toborrow money sufficient to meet the emergency.
(d) The trustee, when submitting estimates to the township boardfor action, shall include in the estimates an item sufficient to coverthose expenditures.
As added by P.L.2-2008, SEC.7.
IC 15-16-8-6
Cost statement; information required; notice
Sec. 6. (a) The township trustee shall prepare a statement thatcontains the following:
(1) A certification of the following costs:
(A) The cost or expense of the work.
(B) The cost of the chemicals.
(C) Twenty dollars ($20) per day for each day that thetrustee or the trustee's agent supervises the performance ofthe services required under this chapter as compensation forservices.
(2) A description of the real estate on which the labor wasperformed.
(3) A request that the owner or person in possession of the realestate pay the costs under subdivision (1) to the townshiptrustee.
(b) The certified statement prepared under subsection (a) shall beprovided:
(1) to the owner or person possessing the real estate by:
(A) mail, using a certificate of mailing; or
(B) personal service; or
(2) by mailing the certified statement to the auditor of state forany real estate owned by the state or to the fiscal officer ofanother municipality (as defined in IC 5-11-1-16) for real estateowned by the municipality.
As added by P.L.2-2008, SEC.7.
IC 15-16-8-7
Failure to pay for weed removal; amount collected as taxes;
disposition of funds
Sec. 7. (a) If the owner or person in possession of the propertydoes not pay the amount set forth in the certified statement undersection 6(a) of this chapter within ten (10) days after receiving thenotice under section 6(b) of this chapter, the township trustee shallfile 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 8 of this chapter, the amount claimed shall be collected astaxes are collected.
(c) After an amount described in subsection (b) is collected, thefunds shall be deposited in the trustee's township funds for use at thediscretion of the trustee.
As added by P.L.2-2008, SEC.7.
IC 15-16-8-8
Cutting and destroying weeds by the board on governmentalproperty
Sec. 8. (a) This subsection applies to real estate owned by thestate. The auditor of state shall issue a warrant to pay the amount setforth in the certified statement under section 6(a) 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) other than the township. The fiscalofficer of the municipality shall make the necessary appropriationfrom the appropriate fund to pay the township the amount set forthin the certified statement under section 6(a) of this chapter for realestate owned by the 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 6(a) 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 15-16-8-9
Duties of the county auditor concerning certified statement ofcosts; disposition of amounts collected
Sec. 9. Except as provided in sections 5 through 8 of this chapter,the county auditor, upon receiving and filing a certified statementunder section 7(a) of this chapter, shall:
(1) immediately place the amounts on the certified statement onthe tax duplicate of the county; and
(2) collect the amounts at the next tax paying time for theproper township or townships, the same as other state, county,
or township taxes are collected, including penalties, forfeitures,and sales.
After the amounts are collected, the amounts shall be paid to theproper trustee and placed in the township fund.
As added by P.L.2-2008, SEC.7.
IC 15-16-8-10
Budget
Sec. 10. When the annual township budget is prepared, asufficient amount shall be appropriated to enable the townshipofficials to comply with this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-8-11
Exemption of land subject to program
Sec. 11. The director of the department of natural resources or thedean of agriculture of Purdue University may totally or partiallyexempt land that is subject to a program of the department or stationfrom this chapter or any other statute concerning the destruction ofdetrimental plants.
As added by P.L.2-2008, SEC.7.
IC 15-16-8-12
Assistance to township trustees
Sec. 12. (a) The Purdue University cooperative extension serviceshall provide technical assistance to township trustees for the controlof detrimental plants.
(b) All law enforcement agencies having jurisdiction in atownship shall assist the township trustee in carrying out the dutiesimposed on the trustee under this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-8-13
Violation; failure of trustee to perform duties
Sec. 13. A township trustee who fails to perform the dutiesrequired of the trustee by this chapter commits a Class C infraction.
As added by P.L.2-2008, SEC.7.
IC 15-16-8-14
Violations; failure to eradicate; selling certain seed
Sec. 14. (a) A person who:
(1) knowingly allows detrimental plants to grow and mature onland owned or possessed by the person;
(2) knowing of the existence of detrimental plants on landowned or possessed by the person, fails to cut them down oreradicate the plants by chemicals each year, as prescribed in thischapter;
(3) having charge of or control over any highway:
(A) knowingly allows detrimental plants to grow or matureon the right-of-way of the highway; or (B) knowing of the existence of the detrimental plants, failsto cut the plants down or eradicate the plants by usingchemicals, as prescribed in this chapter;
(4) having charge of or control over the right-of-way of arailroad or interurban company:
(A) knowingly allows detrimental plants to grow and matureon the right-of-way; or
(B) knowing of the existence of the detrimental plants, failsto cut the plants down or eradicate the plants by usingchemicals, as prescribed in this chapter; or
(5) knowingly sells Canada thistle (cirsium arvense) seed;
commits a Class C infraction. Each day this section is violatedconstitutes a separate infraction.
(b) All judgments collected under this section shall be paid to thetrustee and placed in the trustee's township funds for use at thediscretion of the trustee.
As added by P.L.2-2008, SEC.7.