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HomeMy WebLinkAboutOrder 014 - Continued Weed Control DistrictDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of February 24, 2010 Please see directions for completing this document on the next page. DATE: February 10, 2010 FROM: Roger Olson Road Department 322-7120 TITLE OF AGENDA ITEM: Consideration of Signature of Order 2010-014, An Order Continuing Deschutes County as a Weed Control District PUBLIC HEARING ON THIS DATE? None Required BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners signed an order on March 28, 2002 declaring Deschutes County a Weed Control District for the purpose of destroying noxious weeds and preventing the seeding and spread of weeds declared by the Board to be noxious. The 2009 Oregon Legislature renumbered the statutes governing noxious weed control. This Order updates the Oregon Revised Statue references to reflect this change. This Order also directs the Weed Inspector to publish a notice describing the District and naming the weeds to be destroyed and prevented from producing seed within the District. FISCAL IMPLICATIONS: This Order will not change the amount of funding needed to implement the weed program. RECOMMENDATION & ACTION REQUESTED: Staff Recommends adoption of Order 2010-014, An Order Continuing Deschutes County as a Weed Control District ATTENDANCE: Roger Olson, Dan Sherwin DISTRIBUTION OF DOCUMENTS: BOCC , Road Department REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Continuing Deschutes County as a Weed Control District * ORDER NO. 2010-014 * 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 Oregon Legislature renumbered pertinent provisions of ORS 570.500 to 570.600 and 570.990 to 570.995 as ORS 569.350 to 569.495 and 569.990 to 569.995, respectively; and WHEREAS, the Board has been and continues to be authorized to declare certain weeds and plants noxious for the purposes of ORS 570.500 to 570.600 and now 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 publish 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 publishes 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. Page 1 of 2 ORDER 2010-014 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. 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 on , 2010. Dated this day of February, 2010 ATTEST: BOARD OF COUNTY COMMISSIONERS DENNIS R. LUKE, CHAIR ALAN UNGER, VICE -CHAIR Recording Secretary TAMMY BANEY, COMMISSIONER Page 2 of 2 ORDER 2010-014 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, and prevented from producing seeds within the District: Common Name African rue Buffalobur common houndstongue dyer's woad false brome hydrilla leafy spurge meadow knapweed Mediterranean sage medusahead rye musk thistle orange hawkweed perennial pepperweed purple loosestrife rush skeletonweed Russian knapweed Scotch thistle squarrose knapweed sulfur cinquefoil saltcedar tamarix tansy ragwort whitetop; hoary cress wild carrot yellow starthistle Canada Thistle dalmation toadflax diffuse knapweed kochia (annual) myrtle spurge poison hemlock Page 1 of 2 — Exhibit A to Order No. 2010-014 Botanical Name Peganum harmala Solanum rostratum Cynoglossum officinale Isatis tinctoria Brachypodium sylvaticum Hydrilla verticillata Euphorbia esula Centaurea pratensis Salvia aethiopis Taeniatherum caputmedusae Carduus nutans Hieracium aurantiacum Lepidium latifolium Lythrum salicaria Chondrilla juncea Acroptilon repens Onopordum acanthium Centaurea virgata Potentilla recta Tamarix ramosissima Senecio jacobaea Lepidium draba Daucus carota Centaurea solstitialis Cirsium arvense Linaria dalmatica Centaurea diffusa Kochia scoparia Euphorbia myrsinites Conium maculatum puncturevine Russian thistle Scotch broom spotted knapweed yellow toadflax or "butter and eggs" yellow flag iris bur buttercup bull thistle cheat grass (Downy brome) common mullein dodder field bindweed filaree redstem horseweed poverty sumpweed quackgrass South American waterweed spiny cocklebur St Johnswort sweet clover(s) -Only on Right of Ways Western Water -hemlock Tribulus terrestris Salsola spp. Cytisus scoparius Centaurea biedersteinii Linaria vulgaris Iris pseudacorus Ranunculus testiculatus Cirsium vulgare Bromus tectorum Verbascum thapsus Cuscuta spp. Convolvulus arvensis Erodium cicutarium Conyza Canadensis Iva axillaries Agropyron repens Elodea densa Xanthium spinosum Hypericum perforatum Melilotus officinalis Cicuta douglasii 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 weeds 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. 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 , 2010 BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair Page 2 of 2 — Exhibit A to Order No. 2010-014