HomeMy WebLinkAboutOrdnc 002 - Weed ControlDeschutes County Board of County Commissioner
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AGENDA REQUEST AND STAFF REPORT
For Board Business Meeting of March 24, 2014
Please see directions on the next page for completing this document
DATE: March 14,2013
FROM: Laurie Craghead Dept.: Legal Ph.: 541-388-6623
TITLE OF AGENDA ITEM: First Reading by Title Only of Ordinance 2014-002,
Adopting Deschutes County Code Chapter 8.35, Weed Control.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
On February 5, 2014, the Board of County Commissioners ("BOCC") held a noticed public
hearing on the above ordinance. After taking testimony, the BOCC directed staff to make
several changes to the ordinance, including removing the emergency clause.
Interlineated versions of the ordinance with the proposed new chapter are attached to this agenda
request, in order for the BOCC and the public to see what changes were made. For adoption
purposes, though, the clean versions are attached as well.
If the BOCC approves the first reading by title only on March 24, the second reading and
adoption must be no later than 13 days after first reading. The next available BOCC meeting is
April 9, 2014. If the ordinance is adopted on that day, the ordinance will be effective July 8,
2014.
As a reminder, however, with the exception of the county citation authority, most all of the
provisions of the ordinance are existing county law, including those regarding cleaning farm
equipment and machinery before it travels on a road. That is because of the BOCC orders
approved in 2002 through the present day. The enforcement mechanism, though, is only by way
of the Oregon Department of Agriculture for farms that will not eradicate their weeds and by
way of the Deschutes County District Attorney for other violations.
FISCAL IMPLICATIONS: The ordinance may result in increased costs with the issuance
of citations, engaging in more enforcement actions and paying hearings officers. Those costs,
however, may be offset by the imposition of the monetary penalties that will be liens on the
violators' properties through either the citation or the hearings officer process.
RECOMMENDATION & ACTION REQUESTED:
MOTION: Move first reading by title only of Ordinance 2014-002.
ATTENDANCE: Laurie Craghead and Ed Keith
DISTRIBUTION OF DOCUMENT:
None at this time.
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REVIEWED
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LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adopting Deschutes County Code *
Chapter 8.35 Weed Control * ORDINANCE NO. 2014-002
WHEREAS, through Order 2002-037, Deschutes County established the entire county as the Deschutes
County Weed Control District ("District") , adopted the list of noxious weeds to be eradicated from the land
within the District and designated the Deschutes County Road Department Director as the Deschutes County
Weed Inspector ("Weed Inspector"); and
WHEREAS, Order 2002-037 adopted the state weed control procedures in ORS Chapter 569; and
WHEREAS, when state statutes changed, the Board of County Commissioners ("Board") issued Order
20 I 0-014 to update the statutory references and the noxious weed list; and
WHEREAS, in order to broaden the authority of the Weed Inspector to include issuing a citation to
Circuit or Justice Court or filing other court actions, the County's weed control program must be adopted by
ordinance; and
WHEREAS, because of the vital importance of eradicating noxious weeds in the county in order to
maintain the economic base of the county, the Board finds providing the Weed Inspector with more enforcement
tools to be in the public interest; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
PAGE 1 OF2-0RDINANCENO. 2014-002
Section 1. ADDING. DCC Chapter 8.35 is added to read as described in Exhibit "A," attached hereto
and by this reference incorporated herein.
Dated this ___ of _____, 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Date of 1st Reading: __day of _____, 2014.
Date of 2nd Reading: __day _____,2014.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: __day of _____, 2014.
PAGE 2 OF 2 -ORDINANCE NO. 2014 -002
Chapter 8.35. WEED CONTROL
8.35.010. Title and Purpose.
8.35.020. Definitions.
8.35.030. Authority to Establish Weed Control District and Declare Plants as Noxious
Weeds.
8.35.040. Weed Inspector Duties
8.35.050. Duties of Owners and Occupants.
8.35.060. Notice
8.35.070 Duty To Clean Machinery Before Moving; Weed Infested Residue Not To Be Moved.
8.35.080 Eradication of Noxious Weeds When Owner Refuses.
8.35.090. Expenses as lien.
8.35.100. Penalties.
8.35.110. Other remedies.
8.35.120. Severability.
8.35.010 Title and Purpose.
A. The ordinance codified in this chapter shall be known as the Deschutes County Weed Control
Ordinance.
B. Noxious Weeds have become so thoroughly established and are spreading so rapidly on state,
county, city and federally owned lands, as well as on property in individual ownership and in
transition to county ownership through tax delinquency, that they hereby are declared a
menace to the public welfare.
C. While it is recognized that complete eradication may not be practicable, it hereby is
established that steps leading to eradication and control are necessary and that responsibility
rests not only on the individual landowner and operator but also on the county, state and
federal government, and that the county, state and federal government should cooperate with
individual Owners in the control and eradication of Noxious Weed pests.
D. In addition to the remedies allowed by State law, the County authorizes the county Weed
inspector or the Weed Inspector's designee to initiate enforcement measures, including
issuance of citations, where conditions warrant.
(Ord. 2014-003 §1, 2014)
8.35.020 Definitions
"Accepted farming practice" means a mode of operation that is common to farms of a similar
nature, necessary for the operation of such farms to obtain a profit in money, and customarily
utilized in conjunction with farm use.
"Board" means Deschutes County Board of County Commissioners.
"Cultured Christmas trees" means trees:
1. Grown on lands used exclusively for that purpose, capable of preparation by intensive
cultivation methods such as plowing and turning over the soil;
2. Of a marketable species;
Chapter 8.35 1 (04/2014) I
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3. Meeting U.S. No.2 or better standards for Christmas trees as specified by the Agriculture
Marketing Services of the United States Department of Agriculture; and
4. Evidencing periodic maintenance practices of shearing for Douglas fir and pine species,
Weed and brush control and one or more of the following practices: Basal pruning,
fertilizing, insect and disease control, stump culture, soil cultivation, and irrigation.
"Current employment" of land for a farm includes:
1. Farmland, the operation or use of which is subject to any farm-related government
program;
2. Land lying fallow for one year as a normal and regular requirement of good agricultural
husbandry;
3. Land planted in orchards or other perennials, other than land specified in 4 of this
definition, prior to maturity;
4. Land not in an exclusive farm use zone which has not been eligible for assessment at
special farm use value in the year prior to planting the current crop and has been planted
in orchards, cultured Christmas trees or vineyards for at least three years;
5. Wasteland, in an exclusive farm use zone, dry or covered with water, neither
economically tillable nor grazeable, lying in or adjacent to and in common ownership
with a farm use land and which is not currently being used for any economic farm use;
6. Except for land under a single family dwelling, land under buildings supporting accepted
farm practices, including the processing facilities allowed by ORS 215.213 (l)(u) and
215.353 (l)(r) and the processing of farm crops into biofuel as commercial activities in
conjunction with farm use under ORS 215.213 (2)(c) and 215.353 (2)(a);
7. Water impoundments lying in or adjacent to and in common ownership with farm use
land;
8. Any land constituting a woodlot, not to exceed 20 acres, contiguous to and owned by the
Owner specially assessed valued for farm use even if the land constituting the woodlot is
not utilized in conjunction with farm use;
9. Land lying idle for no more than one year where the absence of farming activity is due to
the illness of the farmer or member ofthe farmer's immediate family. For purposes of
this paragraph, illness includes injury or infirmity whether or not such illness results in
death;
10 Any land described under ORS 321.267 (3) or 321.824 (3);
11. Land used for the breeding, raising, kenneling or training of greyhounds for racing; and
12. Land used for the processing of farm crops into biofuel, as defined in ORS 315.141, if:
a. Only the crops of the Owner are being processed;
b. The biofuel from all of the crops purchased for processing into biofuel is used on the
farm of the Owner; or
c. The Owner is custom processing crops into biofuel from other Owners in the area for
their use or sale.
"Department" means the Deschutes County Road Department.
"District" means the Deschutes County Weed Control District.
Chapter 8.3 5 2 (04/2014)
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"Farm" means the current employment of land for the raising, harvesting and selling crops or the
feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing
animals or honeybees or for dairying and the sale of dairy products or any other agricultural or
horticultural use or animal husbandry or any combination thereof. "Farm" includes the
preparation, storage and disposal by marketing or otherwise of the products or by-products raised
on such land for human or animal use. "Farm" also includes the current employment of land for
the stabling or training equines including but not limited to providing riding lessons, training
clinics and schooling shows. "Farm" also includes the propagation, cultivation, maintenance and
harvesting of aquatic, bird and animal species that are under the jurisdiction of the State Fish and
Wildlife Commission, to the extent allowed by the rules adopted by the commission. "Farm"
includes the on-site construction and maintenance of equipment and facilities used for the
activities described in this subsection. "Farm" does not include the use of land subject to the
provisions ofORS chapter 321, except land used exclusively for growing cultured Christmas
trees as defined in subsection (3) of this section or land described in ORS 321.267 (3) or 321.824
(3).
"Land" means real property situated in Deschutes County.
"Noxious Weed" means any plant which is determined by the County Commission to be
injurious to public health, crops, livestock, land, or other property.
"Occupant" means any person, partnership, corporation or cooperative having actual, present,
and physical-possession of land.
"Owner" means any person, firm, partnership, corporation or cooperative having a legal interest
in land.
"Thoroughly cleaned" means removing all seeds, plants, plant fragments, dirt and other debris
from the sides, tops, wheels and undercarriages of all machinery.
"Treat" or "Treatment" means the prevention, suppression, or eradication of the establishment,
growth, spread, or propagation of noxious weeds using singly or any combination of the
following methods; prevention, cultural, biological, mechanical, or chemical methods.
"Weed Inspector" means the Deschutes County Weed Inspector appointed by the County
Administrator or the Weed Inspector's designee.
(Ord. 2014-003 §1, 2014)
8.35.030 Authority to Establish Weed Control District, Declare Plants as Noxious Weeds
and Appoint Weed Inspector.
A. In accordance with ORS 569.360, in Orders 2002-037 and 2010-014, the Board appointed the
Deschutes County Road Department Director as the Deschutes County Weed Inspector and
declared all of Deschutes County a weed control district known as the "Deschutes County
Weed Control District" and the provisions of those orders are adopted and incorporated by
reference herein.
Chapter 8.3 5 3 (04/2014)
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B. The list of plants declared by Order 2014-003 continue to be declared Noxious Weeds and
plants and nothing in this ordinance terminates or renders invalid that list or any other
provision of Orders 2002-037, 2010-014, 2012-009, or Order 2014-003.
C. A Weed or plant may be added to or deleted from the list of Noxious Weeds or plants by
resolution of the Board.
D. The Deschutes County Road Department Director continues to be the appointed Deschutes
County Weed Inspector unless the County Administrator appoints another person as the
Deschutes County Weed Inspector.
E. The Weed Inspector may designate and authorize other county employees within the Weed
Inspector's department to perform the functions of the Weed Inspector in this chapter.
(Ord. 2014-003 §1, 2014)
8.35.040 Weed Inspector Duties and Authorization
A. The duties of the Weed Inspector shall be as follows:
1. To determine whether any Noxious Weeds or plants are being permitted to grow and
produce bloom or reproduce in any manner within a Weed control district.
2. To serve notices pursuant to this chapter.
3. When necessary, to destroy or treat or to supervise the destruction or treatment of
Noxious Weeds growing or reproducing in any manner within the District.
4. To conduct investigations, approve plans and certify expenditures pertaining to Weed
control projects pursuant to this chapter.
B. The Weed Inspector shall have the option to carry out the actions authorized in this chapter
and such action authorized in DCC Chapters 1.16 and 1.17 and in the Deschutes County
Code Enforcement Policy and Procedure Manual.
C. The Weed Inspector shall have access to the land within the District subject to DCC
8.35.080(D).
(Ord. 2014-003 §1, 2014)
8.35.050 Duties of Owners and Occupants.
A. Every Owner or Occupant of land shall use integrated vegetation management practices to
destroy or prevent the reproducing by any manner or spreading on the Owner's land or land
occupied by Occupant of any Weed classified as a Noxious Weed by the Board using the
most efficient and practical means available.
B. Any owner or operator of an aggregate resource site shall ensure that all machinery used in
the operation of such a site shall be thoroughly cleaned before being moved over any road
outside the aggregate resource site.
C. Such obligation to destroy or prevent from reproducing by any manner Noxious Weeds shall
be continuing throughout the remainder of the then current growing, reproducing or
spreading season.
D. Upon receipt or posting of the notice per DCC 8.35.060, the Owner or Occupant shall destroy
or prevent the reproducing by any manner of any Noxious Weed within the time declared
reasonable by the Weed Inspector.
(Ord. 2014-003 §1, 2014)
Chapter 8.35 4 (04/2014)
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8.35.060 Notice
A. When it appears that violation of this chapter has occurred, the Weed Inspector shall serve a
written notice to the Owner and, if other than the Owner, the Occupant of the land that is the
subject of the violation.
B. If the Weed Inspector is unable to serve the notice personally, the Weed Inspector shall post
the notice in three conspicuous places on the land.
C. If notice is posted, the Weed Inspector shall also mail a copy of the notice to the Owner and
Occupant of the land by both regular mail and certified mail, return receipt requested.
D. The notice shall contain at least the following:
1. The date of service or posting of the notice;
2. The name of the noxious weed or weeds growing on the land; and
3. A statement setting forth that the Noxious Weeds must be destroyed and be prevented
from reproducing by any manner within a specified period of time, which shall be within
the discretion of the Weed Inspector, but in no event shall be less than 2 days or more
than 20 days from the date of service or posting.
E. A copy of the notice, together with proof of service or posting endorsed thereon, shall be
filed with the Board.
(Ord. 2014-003 §l, 2014)
8.35.070 Duty To Clean Machinery Before Moving; Weed Infested Residue Not To Be
Moved.
A. No person operating or having control of any threshing machinery, clover huller, hay baler,
seed cleaning or treating machinery or other similar machinery shall move said machinery
over any road or from one farm to another without first being thoroughly swept and cleaned.
B. All hay, straw or other crop residue infested with noxious weeds having partially or fully
formed seeds shall not be moved from the land on which such weeds have grown to other
lands not infested with any of the weeds in the field from which such crop material came.
C. No person shall operate any machinery described in subsection A of this section within the
District without first having posted in a conspicuous place on such machinery a copy of this
chapter.
D. The County Clerk is authorized and directed to have printed a sufficient number of copies of
this chapter and shall deliver such copies upon request to Owners or operators of machinery
described in subsection A of this section.
(Ord. 2014-003 §1, 2014)
8.35.080 Eradication of Noxious Weeds When Owner Refuses.
A. In addition to the other remedies allowed in this chapter, in the event that any Owner of land
fails or refuses to destroy or treat Noxious Weeds within the time period specified in the
notice provided in DCC 8.35.060(D)(3) or fails to comply with DCC 8.35.070, the Weed
Inspector may issue a citation to the Owner, and/or file suit seeking injunctive relief to
require immediate compliance with this chapter.
Chapter 8.35 5 (04/2014)
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B. In addition to actions permitted in Subsection A, the Weed Inspector may go upon the land of
the Owner and destroy or treat the Noxious Weeds or control them in a manner that will
destroy all means of reproduction of such Noxious Weeds, subject to DCC 8.35.080(D).
C. The Weed Inspector may also notify the district attorney who shall at once take necessary
steps for enforcement ofORS 569.360 to 569.495.
D. The Weed Inspector may enter upon any private property to abate the violation only upon
obtaining consent of the Owner or Occupant or upon obtaining a court issued warrant or
order.
E. In the event destruction or control of the Noxious Weeds on any farm is, in the judgment of
the Weed Inspector, impracticable because the Noxious Weeds are too far advanced, or if for
any other reason the means of control available are unsatisfactory, the Weed Inspector shall
notify the Board, who shall request the State Department of Agriculture to immediately
quarantine the Noxious Weed infested farm to prevent the movement of infested crops or
livestock from the farm except under conditions prescribed in the quarantine that will prevent
the spread of Noxious Weeds.
F. In all cases where the Weed Inspector undertakes to destroy or control Noxious Weeds, the
most effective and practical method, using integrated vegetation management practices, that
will not cause injury to the land or crops in the judgment ofthe Weed Inspector shall be used.
G. Upon completion of the abatement process by the Weed Inspector, the Weed Inspector shall
file with the Board an itemized statement of the expenses necessarily incurred in the
destruction of the Noxious Weeds, including the wages ofthe Weed Inspector, and assistants,
if any.
H. The statement of expenses filed per DCC 8.35.060(F) shall be verified by the oath of the
Weed Inspector.
(Ord. 2014-003 §1, 2014)
8.35.090 Expenses as Lien.
A. When the Weed Inspector undertakes the weed abatement process authorized by Section
8.35.080 and the statement of expenses is filed with the Board, the Board shall cause the
statement of expenses to be filed with the County Clerk and the County Clerk shall cause it
to be entered upon a lien docket prepared for that purpose.
B. The amount of the charges and expenses when so docketed shall constitute a first lien upon
the Owner's land, except as to taxes.
C. If the charges and expenses are not paid and the lien discharged by the Owner within 90 days
from the date the lien is docketed, the county may recover the expenses in an action at law.
D. If, within 10 days from the date of filing and docketing the lien as provided in DCC
8.35.090(A) through (C), no objections have been filed, the Deschutes County Finance
Department shall pay to the Department out of the general funds of the County the amount of
such lien to reimburse the Department for the Department's expenses for weed control under
this chapter, including the Weed Inspector's reasonable wages.
(Ord. 2014-003 §1, 2014)
8.35.100 Penalties.
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A. Any Owner or Occupant of land commits a violation of this chapter when such Owner or
Occupant fails and refuses to destroy Noxious Weeds, or their means of reproduction, or to
prevent the spread thereof, after being placed on notice by the Weed Inspector to do so.
S. Violation of this chapter is a Class A violation.
(Ord. 2014-003 §1, 2014)
8.35.110 Other Remedies.
A. The provisions of this chapter are in addition to and not in lieu of any other procedures and
remedies provided by law including equitable relief and a claim seeking damages.
S. Failure to comply with the provisions of this chapter is a public nuisance.
(Ord. 2014-003 §1, 2014)
8.35.120 Severability.
A. Should any section or portion of this chapter be held unlawful or unenforceable by any court
of competent jurisdiction, such decision shall apply only to the specific section, or portion
thereof, directly specified in the decision.
S. If the provisions of subsection A of this section are exercised, all remaining sections or
portions of this chapter shall continue in full force and effect.
(Ord. 2014-003 §1, 2014)
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