2000 Minnesota Statutes

     18.81 Duties of inspectors. 

    Subdivision 1.    County agricultural inspectors.  It is 
 the duty of county agricultural inspectors:  

    (1) to see that sections 18.76 to 18.88 and rules adopted 
 under those sections are carried out within their jurisdiction; 

    (2) to see that sections 21.80 to 21.92 and rules adopted 
 under those sections are carried out within their jurisdiction; 

    (3) to see that sections 21.71 to 21.78 and rules adopted 
 under those sections are carried out within their jurisdiction; 

    (4) to participate in the control programs for feed, 
 fertilizer, pesticide, and insect pests when requested, in 
 writing, to do so by the commissioner; 

    (5) to participate in other agricultural programs under the 
 control of the commissioner when requested to do so, subject to 
 veto by the county board; 

    (6) to administer the distribution of funds allocated by 
 the county board to the county agricultural inspector for 
 noxious weed control and eradication within the county; 

    (7) to submit reports and attend meetings that the 
 commissioner requires; and 

    (8) to publish a general weed notice of the legal duty to 
 control noxious weeds in one or more legal newspapers of general 
 circulation throughout the county.  

    Subd. 2.    Local weed inspectors.  Local weed 
 inspectors shall:  

    (1) examine all lands, including highways, roads, alleys, 
 and public ground in the territory over which their jurisdiction 
 extends to ascertain if section 18.78 and related rules have 
 been complied with; 

    (2) see that the control or eradication of noxious weeds is 
 carried out in accordance with section 18.83 and related rules; 

    (3) issue permits in accordance with section 18.82 and 
 related rules for the transportation of materials or equipment 
 infested with noxious weed propagating parts; and 

    (4) submit reports and attend meetings that the 
 commissioner requires. 

    Subd. 3.    Nonperformance by inspectors; reimbursement 
 for expenses.  (a) If local weed inspectors neglect or fail to 
 do their duty as prescribed in this section, the commissioner 
 shall issue a notice to the inspector providing instructions on 
 how and when to do their duty.  If, after the time allowed in 
 the notice, the local weed inspector has not complied as 
 directed, the county agricultural inspector may perform the duty 
 for the local weed inspector.  A claim for the expense of doing 
 the local weed inspector's duty is a legal charge against the 
 municipality in which the inspector has jurisdiction.  The 
 county agricultural inspector doing the work may file an 
 itemized statement of costs with the clerk of the municipality 
 in which the work was performed.  The municipality shall 
 immediately issue proper warrants to the county for the work 
 performed.  If the municipality fails to issue the warrants, the 
 county auditor may include the amount contained in the itemized 
 statement of costs as part of the next annual tax levy in the 
 municipality and withhold that amount from the municipality in 
 making its next apportionment. 

    (b) If a county agricultural inspector fails to perform the 
 duties as prescribed in this section, the commissioner shall 
 issue a notice to the inspector providing instructions on how 
 and when to do that duty.  

    (c) The commissioner shall by rule establish procedures to 
 carry out the enforcement actions for nonperformance required by 
 this subdivision. 

    HIST: 1992 c 500 s 7