2011-107-Order No. 2011-006 Recorded 4/11/2011i
i
REVIE D DESCHUTES OFFICIAL DS
NANCY BLANKENSHIP, COUNTY CLERK CJ X011.101
LEGAL COUNSEL COMMISSIONERS' JOURNAL 04/11/2011 0838;17 AM
IIIIIIIIII IIIII~IIIIIIIIIIIIII
2033-30
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Continuing Deschutes County as a
Weed Control District * ORDER NO. 2011-006
WHEREAS, pursuant to ORS 570.515 and Order No. 2002-037 the Board of County
Commissioners declared Deschutes County a Weed Control District; and
WHEREAS, the Board has been and continues to be authorized to declare certain weeds and
plants noxious for the purposes of ORS 569.350 to 569.495; and
WHEREAS, the Board is authorized to appoint one or more weed inspectors to carry out the
purposes of ORS 569.350 to 569.495 and to take such other actions as authorized and appropriate to
eradicate noxious weeds on private and public property; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. That Deschutes County, as described in ORS 201.090 has been since March 28,
2002 and shall continue to be a Weed Control District for the purpose of destroying noxious weeds
and of preventing the seeding and spread of such other weeds and plants as a governing body may,
for the purposes of ORS 569.350 to 569.495, declare noxious. The name of the District shall be the
"Deschutes County Weed Control District."
Section 2. The Board hereby appoints the Deschutes County Road Department Director as
the County Weed Inspector to carry out the actions authorized and required pursuant to ORS 569.350
to 569.495.
Section 3. The Weed Inspector shall cause to be published the Notice, marked Exhibit A,
attached hereto and by this reference incorporated herein, describing the District and naming the
weeds to be destroyed and to be prevented from producing seed within the District. This Notice shall
be published in The Bulletin once each week for two consecutive weeks. The Weed Inspector is
authorized and directed to enforce the provisions of ORS 569.350 to 569.495 immediately after the
last publication and this Notice. Enforcement shall generally follow the Enforcement Procedure set
forth on Exhibit B, attached hereto and incorporated herein.
Section 4. Pursuant to ORS 569.400, the County Weed Inspector and such assistants as the
Weed Inspector may employ, may enter upon land or premises and do any act authorized by this
order, and is further authorized to file with the County Clerk an itemized statement of expenses
necessarily incurred, including the wages of the Weed Inspector, in accordance with ORS 569.400.
Section 5. Deschutes County Clerk is hereby authorized and directed to have printed a
sufficient number of copies of ORS 569.445 and 569.450 and deliver such copies upon request to
owners or operators of machinery described in ORS 569.445 and 569.450.
Page 1 of 2 ORDER 2011-006
Section 6. Except as otherwise provided herein, the Weed Control District established by the
Board in 2002 is and shall continue in full force and effect. Nothing contained in this Order shall be
construed as terminating or rendering invalid Order No. 2002-037 or any actions, proceedings or
decisions brought or made pursuant to Order No. 2002-037.
Section 7. This order becomes effective upon adoption.
Dated this La - day of *~k 2011
A V44i, 6ako'-,
Recording Secretary
BOARD.@E COUNTY COMMISSIONERS
TAMMY BANEY, CHAIR U
ANTHONY DeBONE, VICE-CHAIR
/
ALAN UNGER, COMMISSIONER
Page 2 of 2 ORDER 2011-006
EXHIBIT A
NOTICE
FORMATION OF DESCHUTES COUNTY WEED CONTROL DISTRICT
The Board of County Commissioners' of Deschutes County, Oregon ("Board") has
declared that Deschutes County, described in ORS 201.090, to be a Weed Control
District. The district shall be known as the "Deschutes County Weed Control District."
The following described weeds are declared to be noxious weeds and plants, and such
weeds are to be destroyed, prevented and prevented from producing seeds within the
District:
"A" Rated Weeds
African rue
Peganum harmala
Buffalobur +
Solanum rostratum
common houndstongue
Cynoglossum officinale
dyer's woad -
Isatis tinctoria
false brome
Brachypodium sylvaticum
giant cane
Arundo donax
hydrilla
Hydrilla verticillata
leafy spurge +
Euphorbia esula
meadow knapweed -
Centaurea pratensis
Mediterranean sage +
Salvia aethiopis
medusahead rye +
Taeniatherum caputmedusae
musk thistle -
Carduus nutans
orange hawkweed +
Hieracium aurantiacum
perennial pepperweed +
Lepidium latifolium
purple loosestrife +
Lythrum salicaria
rush skeletonweed
Chondrilla juncea
Russian knapweed +
Acroptilon repens
Scotch thistle +
Onopordum acanthium
squarrose knapweed
Centaurea virgata
sulfur cinquefoil
Potentilla recta
saltcedar tamarix +
Tamarix ramosissima
tansy ragwort +
Senecio jacobaea
whitetop; hoary cress +
Lepidium draba
wild carrot +
Daucus carota
yellow starthistle -
Centaurea solstitialis
Page 1 of 3 - Exhibit A to Order No. 2011-006
"B" Rated Weeds
Canada Thistle +
Cirsium arvense
dalmation toadflax +
Linaria dalmatica
diffuse knapweed +
Centaurea diffusa
kochia (annual) +
Kochia scoparia
myrtle spurge +
Euphorbia myrsinites
poison hemlock +
Conium maculatum
puncturevine +
Tribulus terrestris
ribbon grass +
Phalaris arundinacea
Russian thistle +
Salsola spp.
Scotch broom +
Cytisus scoparius
spotted knapweed +
Centaurea biedersteinii
yellow toadflax or "butter and eggs" +
Linaria vulgaris
yellow flag iris +
Iris pseudacorus
"C Rated Weeds
bur buttercup +
Ranunculus testiculatus
bull thistle +
Cirsium vulgare
cheat grass ( Downy brome) +
Bromus tectorum
common mullein +
Verbascum thapsus
dodder +
Cuscuta spp.
field bindweed +
Convolvulus arvensis
filaree redstem +
Erodium cicutarium
horseweed +
Conyza Canadensis
poverty sumpweed +
Iva axillaries
quackgrass +
Agropyron repens
South American waterweed +
Elodea densa
spiny cocklebur +
Xanthium spinosum
St Johnswort +
Hypericum perforatum
sweet clover(s) -Only on Right of Ways +
Melilotus officinalis
Western Water-hemlock / +
Cicuta douglasii+
+ Currently in the County
All known populations have been treated
/ Natives but Poisonous to Animals or Humans
The Board has appointed a County Weed Inspector who has the power to enforce ORS
569.350 to 569.495 including the right to enter upon land or premises and destroy
noxious weed or control them in such manner as will destroy all seeds of such noxious
weeds. The County Weed Inspector is authorized to place liens upon real property to
recoup the expenses (including the wages of the Weed inspector) necessarily incurred in
the destruction of noxious weeds.
Page 2 of 3 - Exhibit A to Order No. 2011-006
Every person, firm or corporation owning or occupying land within Deschutes County
shall destroy or prevent the seeding on such land any noxious weeds within the meaning
of ORS 569.350 to 569.495 or declared to be noxious by the Board no weed declared
noxious shall be permitted (to produce seed) by the owner or occupier of land.
Publication: THE BULLETIN
, 2011
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
Page 3 of 3 - Exhibit A to Order No. 2011-006
EXHIBIT B
ENFORCEMENT PROCEDURES
DESCHUTES COUNTY NOXIOUS WEED CONTROL
1. When a noxious weed infestation is brought to the attention of the County Weed
Inspector an inspection of the site is warranted. It is the County's goal to have
landowners comply with State weed laws and it is the intent for the Weed
Inspector to assist landowners in achieving compliance.
2. Each contact, attempt to contact, and the results of that contact shall be
documented.
3. The inspector shall visit the property and make an assessment of the infestation. If
unable to make a determination from the public right of way the inspector shall
make reasonable effort to contact the property owner or agent prior to entry as
permitted in ORS 569.380. A reasonable effort may be a personal contact while
at the site, a phone call, a notice left at the dwelling, or a certified letter.
4. If the inspector believes the property contains noxious weeds, the inspector shall
either personally serve notice on the property owner or occupant, or post notice in
three conspicuous places on the land. The notice shall contain: the date of service,
the name of the weed or weeds growing on the land, and a statement setting forth
that the weeds must be destroyed within a specified time of not less than two days
or more than 10 days (as determined by the inspector) from the date of service.
The notice may contain an invitation to the property owner or occupant to visit
with the inspector for clarification of any requirements relative to noxious weed
abatement, alternative methods of achieving compliance and an agreement by
which the property owner will control the noxious weeds by a date certain,
together with follow up inspection.
5. If follow up inspection reveals that the noxious weeds have not been adequately
or effectually controlled or not controlled as agreed upon then a citation may be
issued, by a person duly authorized to cite for a violation, and served on the
owner or occupant in accordance with applicable law. Each day that the noxious
weeds are permitted to set seed may be considered a separate violation.
6. If the follow up inspections reveal compliance with the agreed upon treatment the
inspector should continue to inspect the property for 1 and 1/2 growing seasons to
verify that the noxious weeds are no longer growing or producing seed.
Exhibit B to Order No. 2011-006