HomeMy WebLinkAboutDraft Weed Ordinance ChangeDeschutes County Board of County Commissioner
1300 NW Wall St., Ste 200, Bend, OR 97701~1960
(541) 388-6570 Fax (541) 385-3202 www.deschutes.org
AGENDA REQUEST AND STAFF REPORT
For Board Business Meeting of January 8,2014
Please see directions on the next page/or completing this document
DATE: December 18,2013
FROM: Laurie Craghead Dept.: Legal Ph.: 541-388-6623
TITLE OF AGENDA ITEM: Consideration of First and Second Reading by Title Only and
Adoption of Ordinance 2014~02, Adopting Deschutes County Code Chapter 8.35, Weed
Control, and Declaring an Emergency
PUBLIC HEARING ON THIS DATE? NO Has public notice been given? N/A
BACKGROUND AND POLICY IMPLICATIONS:
I In 2002, the Board declared Deschutes County a Weed Control District and appointed the
County Road Department Director as the Weed Control Inspector authorized to engage in the
noxious weed and plant eradication processes authorized under ORS Chapter 569. At the same
I time, the Board adopted a list of noxious weeds and plants that all property owners must
eradicate. Both orders have been amended over time to add clarification and additional plants to
the noxious weeds and plants list.
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Those orders, however, did not allow the Weed Control Inspector to cite into court the property
owners for failure to eradicate the noxious weeds on the owners' properties or allow the Weed
Control Inspector to engage in other enforcement methods allowed under the County Code by
other County Code Enforcement personnel. Ordinance 2014-002 adopts a new Deschutes
County Code chapter that includes the statutory provisions ofORS Chapter 569, adopts the
I current noxious weed and plant list and adds authority for the Weed Control Inspector to issue
citations and use the other code enforcement provisions in DCC Chapter 1.16 and 1.17 to enforce
the provisions of this new weed control code chapter. The ability to cite property owners into
court or to use the administrative hearings procedure adds the ability for the hearings officers and
courts to issue orders that require violators to eradicate the noxious weeds and plants and to order II
monetary penalties that will be a lien on the violators' real properties. i
The new chapter makes clear that the Weed Control Inspector can designate others to carry out 1
the Weed Control Inspector's responsibilities and authority. It also allows for the County
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Administrator to change the designated Weed Control Inspector and allows for the noxious weed
and plant list to be changed by a Board resolution.
The Weed Control Board has reviewed the draft code chapter and their suggestions were
incorporated into the code.
The ordinance includes an emergency clause in order that it may be effective prior to the
beginning of the next noxious weed and plant growing season instead of waiting two weeks
between the first and second reading and the 90 days before an ordinance is effective if it does
not have an emergency clause.
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, through either the citation or
the hearings officer process, that will be liens on the violators' properties.
RECOMMENDATION & ACTION REQUESTED:
MOTION 1: Move approval first and second reading by tide only of Ordinance 2014-002.
MOTION 2: Move adoption of Ordinance 2014-002
A ITENDANCE: Laurie Craghead and Ed Keith
DISTRIBUTION OF DOCUMENT:
Copy to Ed Keith
REVIEWED
LEG~L
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 and Declaring an * ORDINANCE NO. 2014-002
Emergency *
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 Comm issioners ("Board") issued Order
20 I 0-0 14 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; and
WHEREAS, waiting 90 days for the effective date of an ordinance without an emergency clause per
ORS 203.045(9) would result in this ordinance becoming effective in April, 2014, which is past the start of the
weed growing season and initiating the enhanced enforcement proceedings under this ordinance earlier will aid
in the early eradication of weeds and cost less than later eradication when the weeds are more widespread; now,
therefore,
THE BOARD OF COUNTY COMMlSSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section I. ADOPTION. DCC Chapter 8.35 is adopted to read as described in Exhibit "A," attached
hereto and by this reference incorporated herein.
PAGE I OF 2-0RDINANCENO. 2014-002
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Section 2. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this of , 2013 ------
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ALAN UNGER, Commissioner
Date of 1 st Reading: __day of _____, 2014.
Date of 2nd Reading: dayof _____, 2014.
Record of Adoption Vote
Commissioner
Alan Unger
Tammy Baney
Anthony DeBone
Yes No Abstained Excused
Effective date: __day _____, 2014.
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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.
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.
"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;
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.
Chapter 8.35 1 (0112014)
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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:
L 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 215.2 13 (I )(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 a<ljacent 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 of the farmer's immediate family. For purposes of
this paragraph, illness includes injury or infirmity whether or not such illness results in
death;
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10 Any land described under ORS 321.267 (3) or 321.824 (3); fII. 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 I
farm of the Owner; or I,
c. The Owner is custom processing crops into biofuel from other Owners in the area for I
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itheir use or sale. t
"Department" means the Deschutes County Road Department. r
"District" means the Deschutes County Weed Control District. I
t"Farm" means the current employment of land for the raising, harvesting and selling crops or the I
feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing Ianimals 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 I
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Chapter 8.35 2 (0112014)
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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 ofland 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 of ORS 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 pressure washing the sides, tops, wheels and undercarriages of all
machinery in order to remove all seeds, plants, plant fragments, dirt and other debris.
"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. t
"Weed Inspector" means the Deschutes County Weed Inspector appointed by the County i
!Administrator or the Weed Inspector's designee. ,
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 !
1declared 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.
B. The list of plants declared by Order 2012-009 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 or 2013-009. I
C. A Weed or plant may be added to or deleted from the list of Noxious Weeds or plants by t
resolution of the Board.
Chapter 8.35 3 (01/2014)
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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.
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.
5. To issue citations to Circuit or Justice Court for violations of 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.
8.35.050 Duties of Owners and Occupants.
A. Every Owner or Occupant of land shall 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.
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.
Chapter 8.35 4 (01/2014)
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C. Ifnotice 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 10 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.
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
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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 ofthis
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. i I8.35.080 Eradication of Noxious Weeds When Owner Refuses. I
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 ,I
notice provided in DCC 8.35.060(0)(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.
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IB. In addition to actions permitted in Subsection A, the Weed Inspector may go upon the land of ;
Ithe 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. [
C. The Weed Inspector may also notifY the district attorney who shall at once take necessary i
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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.
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 may request the State Department of Agriculture to immediately
Chapter 8.35 5 (0112014)
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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 that will not cause injury to the land or crops in the
judgment of the 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 of the 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.
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.
8.35.100 Penalties.
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.
B. Violation of this chapter is a Class A violation.
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.
B. Failure to comply with the provisions of this chapter is a public nuisance.
8.35.120 Severability. t
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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. Ifthe provisions of subsection A ofthis section are exercised, all remaining sections or
portions of this chapter shall continue in full force and effect.
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