18.83 CONTROL; ERADICATION; NOTICES; EXPENSES.
Subdivision 1. General weed notice.
A general notice for noxious weed control or
eradication must be published on or before May 15 of each year and at other times the
commissioner directs. Failure of the county agricultural weed inspector to publish the general
notice does not relieve a person from the necessity of full compliance with sections
and related rules. The published notice is legal and sufficient notice when an individual
notice cannot be served.
Subd. 2. Individual notice.
A weed inspector may find it necessary to secure more prompt
or definite control or eradication of noxious weeds than is accomplished by the published general
notice. In these special or individual instances, involving one or a limited number of persons, the
weed inspector having jurisdiction shall serve individual notices in writing upon the person who
owns the land and the person who occupies the land, or the person responsible for or charged with
the maintenance of public land, giving specific instructions on when and how named noxious
weeds are to be controlled or eradicated. Individual notices provided for in this section must be
served in the same manner as a summons in a civil action in the district court or by certified mail.
Service on a person living temporarily or permanently outside of the weed inspector's jurisdiction
may be made by sending the notice by certified mail to the last known address of the person, to be
ascertained, if necessary, from the last tax list in the county treasurer's office.
Subd. 3. Appeal of individual notice; appeal committee.
(1) A recipient of an individual
notice may appeal, in writing, the order for control or eradication of noxious weeds. This appeal
must be filed with a member of the appeal committee in the county where the land is located
within two working days of the time the notice is received. The committee must inspect the land
specified in the notice and report back to the recipient and the inspector who issued the notice
within five working days, either agreeing, disagreeing, or revising the order. The decision may be
appealed in district court. If the committee agrees or revises the order, the control or eradication
specified in the order, as approved or revised by the committee, may be carried out.
(2) The county board of commissioners shall appoint members of the appeal committee. The
membership must include a county commissioner or municipal official and a landowner residing
in the county. The expenses of the members may be reimbursed by the county upon submission of
an itemized statement to the county auditor. At its option, the county board of commissioners, by
resolution, may delegate the duties of the appeal committee to its board of adjustment established
pursuant to section
. When carrying out the duties of the appeal committee, the zoning
board of adjustment shall comply with all of the procedural requirements of this section.
Subd. 4. Control or eradication by inspector.
If a person does not comply with an
individual notice served on the person or an individual notice cannot be served, the weed inspector
having jurisdiction shall have the noxious weeds controlled or eradicated within the time and
in the manner the weed inspector designates.
Subd. 5. Control or eradication by inspector in growing crop.
A weed inspector may
consider it necessary to control or eradicate noxious weeds along with all or a part of a growing
crop to prevent the maturation and spread of noxious weeds within the inspector's jurisdiction.
If this situation exists, the weed inspector may have the noxious weeds controlled or eradicated
together with the crop after the appeal committee has reviewed the matter as outlined in
subdivision 3 and reported back agreement with the order.
Subd. 6. Authorization for person hired to enter upon land.
The weed inspector may hire
a person to control or eradicate noxious weeds if the person who owns the land, the person
who occupies the land, or the person responsible for the maintenance of public land has failed
to comply with an individual notice or with the published general notice when an individual
notice cannot be served. The person hired must have authorization, in writing, from the weed
inspector to enter upon the land.
Subd. 7. Expenses; reimbursements.
A claim for the expense of controlling or eradicating
noxious weeds, which may include the costs of serving notices, is a legal charge against the
county in which the land is located. The officers having the work done must file with the county
auditor a verified and itemized statement of cost for all services rendered on each separate tract
or lot of land. The county auditor shall immediately issue proper warrants to the persons named
on the statement as having rendered services. To reimburse the county for its expenditure in
this regard, the county auditor shall certify the total amount due and, unless an appeal is made
in accordance with section
, enter it on the tax roll as a tax upon the land and it must be
collected as other real estate taxes are collected.
If public land is involved, the amount due must be paid from funds provided for maintenance
of the land or from the general revenue or operating fund of the agency responsible for the land.
Each claim for control or eradication of noxious weeds on public lands must first be approved
by the commissioner of agriculture.
History: 1992 c 500 s 9; 2005 c 49 s 1