48-2997. Eradicating noxious plants

447 words·~2 min read·/az/title-48/48-2997

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The board may adopt rules for eradicating and controlling noxious weeds, shrubs, grasses and vines in the district. The rules shall describe the character and objectionable features of the noxious plant. The board shall adopt the rules at a regular or special meeting and provide notice of the proposed rules as provided in section 48-2976, subsection B before the meeting at which the rules will be considered.

B. The rules shall provide for an inspector to be appointed by the board to periodically examine and inspect all lands and irrigation canals, ditches, rights-of-way and laterals within the exterior boundaries of the district and all roads, highways, streets, alleys and other thoroughfares and premises in the district. The inspector shall report to the board any noxious plants which he finds of the kind or character listed in the rule. On receiving the report the board may either proceed under section 48-2998 or proceed under this section to remove the noxious plants from the district.

C. The board shall serve on the owner, lessee or tenant, or on any person in charge of the infested lands or premises, a notice of the presence of the noxious plants. The notice shall be served in the same manner as a summons issued by the superior court.

D. The board may declare and enforce a quarantine against any premises within the boundaries of the district on which noxious plants are found to exist and order that no article or product of any kind capable of carrying or transmitting the seed of the noxious plant growing on the land may be removed during the period of the quarantine. Notice of the quarantine shall be served on the owner, lessee, tenant or person in charge of the premises in the same manner as a summons issued by the superior court.

E. If, within five days after service of the notice, the owner, lessee, tenant or person in charge of any infested land fails to take adequate steps to eradicate the noxious plants complained of, or having begun work, neglects, fails or refuses to diligently prosecute the work to successful termination as provided in this section, the board of directors may order the inspector to enter on the premises and remove and eradicate the noxious plants. The inspector shall enter without further notice to the owner, lessee, tenant or person in charge.

The cost and expense of removing and eradicating noxious plants from such premises is a lien on the premises with priority over other liens or obligations except liens for taxes. The board shall foreclose on the lien by appropriate action in superior court in the county in which the district is located.