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HomeMy WebLinkAboutNoxious Weed Enforcement MemoJanuary 20, 2010 TO: Board of Commissioners FROM: Dave Kanner RE: Noxious weed enforcement Department of Administrative Services Dave Kanner, County Administrator 1300 NW Wall St, Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 www.co.deschuT,es.or.us Last fall, you were each contacted individually by a member or members of the County Weed Board, requesting that Deschutes County create an ordinance to give the County Weed Inspector additional enforcement authority; specifically the authority to require private property owners to remove noxious weeds from their land and to take action, cite and fine, and lien the property if the owner refuses to do so. The Commissioners requested that the Weed Board draft an enforcement ordinance that could be brought forward for the Commissioners' review. As I met with Dan Sherwin and further researched this, it became clear that the authority the Weed Board is seeking already exists and that an additional order or ordinance is not necessary. Board Order 2002-037 (attached), which established Deschutes County as a weed control district, states, "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 570.515 to 580.600." These statutes (which are attached) already give the weed inspector the right of entry on private land (570.530), the ability to require the owner or occupant to eradicate weeds (570.535), and the authority to eradicate weeds when the owner or occupant refuses to do so and to issue an itemized statement of expenses (570.545). The statutes also authorize the County Clerk to enter the itemized statement of expenses as a lien against the property. It is my understanding that although the Board of Commissioners granted this authority to the weed inspector in 2002, there was a policy decision made at that time that the County would rely on education and would not use this enforcement authority. As such, there is no formal action required by the Board in order to grant this authority, however, given that this would be a major change in direction for the County, there should at least be some consensus recorded in the minutes of your meeting that this is in fact the direction the County wishes to go. Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner There are a few other issues to which the Board must devote some attention. First, Legislature in 2009 renumbered the statutes and moved most of the language into chapter 569. At a minimum the Board should adopt an order acknowledging that the provisions of Board Order No. 2002-037 apply to the renumbered statutes. Second, the statute, as we read it, would seem to indicate that when enforcement action is to be taken, the Board must, on a case-by-case basis, establish a "reasonable" time within which a property owner must destroy noxious weeds after they have been notified that they must do so. Alternatively, the Board could adopt an order that establishes what a reasonable time frame is and apply it in all cases. Similarly, although the weed inspector is authorized by statute to enter private property to eradicate weeds, the statute also seems to indicate that the authority to enter any specific piece of property must be granted by the Board of Commissioners on a case-by-case basis. Again, the Board could adopt a blanket order authorizing entrance onto private property in all cases, without prior approval. Finally, 570.545(1) states that, "If the owner or occupant of the land fails or refuses to immediately destroy or cut the noxious weeds ... the weed inspector shall at once notify the district attorney of the county who shall at once take necessary steps for enforcement..." It is not clear from the statute exactly what this means and it would therefore be prudent to involve Mr. Dugan in any discussion of enforcement to clarify roles and expectations. Finally, the Weed Board believes there should be authority to cite and fine property owners who fail to comply with requests to eradicate noxious weeds. The authority to cite and fine is already contained in statute (renumbered as ORS 569.990(2)), however, since a violation of the statutes is a state violation, citations would have to be issued by an "enforcement officer" as defined in ORS 153.005. That would mean a sheriff's deputy, OSP officer, city police officer, etc. Per Mark Pilliod, "The County code has not specifically delegated enforcement authority beyond that contained in the statutes, so enforcement of violations has necessarily required the issuance of citations by a deputy sheriff. The BoCC could adopt an ordinance in the case of violations of weed abatement laws (or any county -declared violation), delegating enforcement authority to particular persons other than the Sheriff, but it has not done so. This is largely a political question." In other words, if the Board wants the weed inspector to have the authority to issue citations for violations of the noxious weed removal laws, it must delegate that authority by ordinance. Attached to this memo is a proposed enforcement procedure protocol that has been drafted by the Road Department. As you can see it continues to rely on voluntary compliance, but with the possibility of fines and enforcement thrown into the mix. We look forward to further discussion of this matter and the above policy choices at your work session of January 27. 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. 2. Each contact, attempt to contact, and the results of that contact shall be documented. 3. The inspector shall visit the property and try to 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 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 or must be prevented from producing seed within a specified time of not less than two days or more than 20 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 will 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 could 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. DESCHUT MARY SUEESCOUNTY PENHOLL ON,FICIAL 000NTYRCLERKS 200.151 CO"1"SSIONERS' "MIL03/13/2002 02:24:33 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Establishing Deschutes County as a Weed Control District * * ORDER NO. 2002-037 WHEREAS, ORS 570.515 authorizes the Board of County Commissioners of Deschutes County, Oregon to declare Deschutes County a Weed Control District; and WHEREAS, the Board is authorized to declare certain weeds and plants noxious for the purposes of ORS 570.515 to 570.600; and WHEREAS the Board is authorized to appoint one or more weed inspectors to carry out the purposes of ORS 570.515 to 570.600 and to take such 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, is declared 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 goveming body may, for the purposes of ORS 570.515 to 570.600, 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 570.515 to 570.600. 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 published in the Bulletin once each week for two consecutive weeks. The Weed Inspector is authorized and directed to enforce the provisions of ORS 570.515 to 570.600 immediately after the last publication and this Notice. Section 4. Pursuant to ORS 570.545, the County Weed Inspector and such assistance as the Weed Inspector may employ, may enter upon land or premises and do any act authorized by their 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 570.545. PAGE 1 OF 2- ORDER No. 2002-037 (01/2002) S:\LEGAL\ROAD DEPT\WEED DISTRICT\ORDER ESTABLISHING WEED DISfRICT.DOC Section 5. Deschutes County Clerk is hereby authorized and directed to have printed a sufficient number of copies of ORS 570.570 and 570.575 and deliver such copies upon request to owners or operators of machinery described in ORS 570.570 and 570.575. Section 6. This order becomes effective on March 28, 2002. DATED this 25th day of January, 2002. ATTEST: 10' Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREG • N �► \diraIN. TOM P E► , Chai NNIS R. LUKE, Commissioner MICH • L DALY, ` ommissioner PAGE 2 OF 2- ORDER No. 2002-037 (01/2002) S:\LEGAL\ROAD DEPT\WEED DISTRICT \ORDER ESTABLISHING WEED DISTRICT.DOC 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: FORMAL NAME Cardaria spp. Carduus nutans Centaurea pratensis Centaurea repens Centaurea solstitia]is Centaurea virgata Chondrilla juncea Cynoglossum officinale Daucus carota Euphorbia esula Hydrilla verticillata Isatis tinctoria Lepidium latifolium Lythrum salicaria Onopordum acanthium Peganum harmala Potentilla recta Salvia aethiopis Senecio jacobaea Solanum rostratum Taeniatherum caput -medusae Tamarix ramosissima Tribulus terrestris Centaurea diffusa Centaurea maculosa Cirsium arvense Conium maculatum Cytisus scoparius Kochia scoparia Linaria dalmatica Linaria vulgaris Ranunculus testiculatus Salsola iberica Agropyron repens Cicuta maculata Cirsium vulgare Convolvulus arvensis COMMON NAME whitetop; hoary cress musk thistle meadow knapweed Russian knapweed yellow starthistle squarrose knapweed rush skeletonweed common houndstongue wild carrot leafy spurge hydrilla dyer's woad perennial pepperweed purple loosestrife Scotch thistle African rue sulfur cinquefoil Mediterranean sage tansy ragwort buffaloburr medusahead rye tamarix puncturevine diffuse knapweed spotted knapweed Canada thistle poison hemlock Scotch broom kochia dalmation toadflax yellow toadflax or "butter and eggs" bur buttercup Russian thistle(= S. kali) quackgrass water hemlock bull thistle field bindweed Page 1 of 2 — EXHIBIT "A" TO ORDER NO. 2002-037 (01/2002) S:\Legal‘Road Dept\Weed Dutrici Exhibit A (2-08-02) A.doe Conyza canadensis Cuscuta spp. Elodea densa Hypericum perforatum Iva axillaris Melilotus alba Melilotus indica Verbascum thapsis Xanthium spinosum horseweed dodder South American waterweed St. Johnswort poverty stumpweed sweetclover Indian sweetclover common mullein spiny cocklebur The Board has appointed a County Weed Inspector who has the power to enforce ORS 570.515 to 570.600 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. 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 570.515 to 570.600 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 : Bulletin March 20 and 27, 2002 BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON TOM DEWOLF, Chair Page 2 of 2 — EXHIBIT "A" TO ORDER NO. 2002-037 (01/2002) SALegal Dept Weed District\Exhibit A (2-08-02) A.doc Lnapter 5 /U — Plants; Inspection, Quarantine, Pest and Weed Control Page 1 of 5 WEED CONTROL (Generally) 570.500 Legislative findings; need for evaluation. The Legislative Assembly finds and declares that (1) Noxious weeds are currently invading agricultural land and natural environments and causing seve •e production losses, increased control costs, negative impacts on native flora and fauna, decreased utilization of recreational areas and decreased value of farm, range and forest lands. Some of those noxious weeds are poisonous or harmful to humans or animals. (2) Noxious weed control programs are carried out by private and public landowners, counties and stat agencies. (3) The economic and environmental impacts of noxious weeds in Oregon have not been quantified. Although 92 weeds have been listed by the State Department of Agriculture as restricted noxious weeds or prohibited noxious weeds, only tansy ragwort has been studied for economic and environmental impact. A comprehensive evaluation of other noxious weeds is necessary to determine in which areas, if any, the invi sion of noxious weeds is sufficiently severe to justify a declaration by the Director of Agriculture of a weed control emergency. (4) The overall effectiveness and efficiency of the various noxious weed control programs of this state lave never been evaluated. Evaluating and coordinating those programs could reduce the need for the director tc declare weed control emergencies. [ 1999 c.472 §1] Note: 570.500 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 570 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 570.505 Necessity of eradication of weeds; cooperation in control and eradication. Noxious weeds lave become so thoroughly established and are spreading so rapidly on state, county 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. 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 th<<t responsibility rests not only on the individual landowner and operator but also on the county, state and fede •al government, and that the county, state and federal government should cooperate with individual owners in t he control and eradication of noxious weed pests. [Amended by 1985 c.621 §1] 570.510 State and counties to control noxious weeds. The state and the respective counties shall control any weeds designated as noxious by the state or the respective counties in any such county on land under th;ir respective ownerships. [Amended by 1985 c.621 §2] 570.515 County governing body may create weed control district; petition for special weed control district. (1) The county governing body of each county may declare the county, or any portion of the lands ;n a county, a weed control district for the purpose of destroying such weeds and of preventing the seeding and spread of such other weeds and plants as the governing body may for the purposes of ORS 570.515 to 570.600 declare noxious. (2) If the county is not made a weed control district or if the county weed control district does not includ all such weeds or plants desired as included as noxious, interested parties may present a petition for a special w ;ed control district. The petition shall describe the area to be included in the special weed control district and naive the noxious weeds to be destroyed or prevented from blooming and producing seed within the district, and n lust be signed by more than half of the landowners in the area described in the petition who also own more than calf of the acreage in the area. Upon presentation of such a petition, the county governing body shall declare such area a special weed control district and such weeds noxious within the district, in accordance with the petition. [Amended by 1985 c.621 §3] http://www.leg.state.or.us/ors/570.html 12/14/2)09 Chapter 570 — Plants; Inspection, Quarantine, Pest and Weed Control Page 2 of 5 570.520 Weed inspectors; appointment; duties; compensation. (1) The court shall, upon declaring a weed control district, appoint a weed inspector or inspectors, whose duties it shall be: (a) To find out if any noxious weeds or plants are being permitted to grow and produce bloom or seed within the district or districts contrary to the provisions of ORS 570.515 to 570.600; (b) To serve notices; (c) When necessary to destroy or cut or to supervise the destruction or cutting of the noxious weeds growing or seeding within the weed control district; and (d) To conduct investigations, approve plans and certify expenditures pertaining to weed control projects pursuant to ORS 570.590. (2) The person or persons appointed by the county court shall receive for their services reasonable wages, as determined by the county court, for the time actually employed in the performance of duty under ORS 57( .515 to 570.600. [Amended by 1975 c.555 §12] 570.525 Notice of district creation and weeds to be controlled. The county court shall, upon declaring a weed control district or districts, cause to be published an official notice describing each district and naming weeds to be destroyed and to be prevented from producing seed within the districts. The notice shall be published in a newspaper or newspapers, not exceeding three in number, serving the districts, in two consecutive issues if weekly, or two times at intervals of one week if daily or semiweekly. Immediately af'er the last publication of the official notice, the provisions of ORS 570.515 to 570.600 shall be enforced. 570.530 Weed inspector right of entry; service of notice to eradicate weeds; department or district control measures. (1) The weed inspector shall have access to the land within the district. (2) When the provisions of ORS 570.515 to 570.600 are not being complied with, the weed inspector shall serve a written notice to the owner or occupant of the land. When the weed inspector is unable to serve the notice personally, the weed inspector shall post the notice and two copies thereof in three conspicuous places on the land. The notice shall contain: (a) The date of service or posting of notice. (b) The name of the weed or weeds growing on the land, and a statement setting forth that the weeds m ust be destroyed or must be prevented from producing seed within a specified time of not less than two days o,• more than 20 days, to be established by the inspector, from the date of service of the notice. (3) The service of notice as provided in subsection (2) of this section imposes a requirement on the owner or occupant of the land to destroy or prevent the weeds from seeding or spreading during the continuation of ownership or occupancy of the land or until the district is dissolved. A copy of the notice, together with pr( )of of service indorsed thereon, shall be filed with the county court. (4) Notwithstanding subsections (2) and (3) of this section, ORS 570.520 or 570.535, with permission of the owner or occupant of land, employees of the State Department of Agriculture, or of designated weed control districts, may enter the land to identify noxious weeds and to implement or provide for the implementation of integrated noxious weed control measures, including but not limited to the application of pesticides to the land. The control or eradication of noxious weeds may be conducted with or without charge to the owner or occupant of the land. A notice as described in subsection (2) of this section is not required for the conduct of activities described in this subsection. [Amended by 2001 c.219 §1] 570.535 Owner or occupant to eradicate weeds; disposition of fines. (1) Each person, firm or corpoi ation owning or occupying land within the district shall destroy or prevent the seeding on such land of any noxic us weed within the meaning of ORS 570.515 to 570.600 in accordance with the declaration of the county cou:i t and by the use of the best means at hand and within a time declared reasonable and set by the court, except that no weed declared noxious shall be permitted to produce seed. (2) All moneys collected as fines for violation of ORS 570.515 to 570.600 in any county shall be paid i ito the county treasury and shall become a part of the weed control fund. http://www.leg.state.or.us/ors/570.html 12/14 '2009 Chapter 570 — Plants; Inspection, Quarantine, Pest and Weed Control Page 3 of 5 570.540 Eradication of weeds on public lands and rights of way. The State Highway Commission. the respective county courts, reclamation districts and municipalities shall destroy or prevent the spread or seeding of any noxious weed within the meaning of ORS 570.515 to 570.600 on any land owned by them or constituting the right of way for any highway, county road, drainage or irrigation ditch, power or transmission line, or other purposes under their respective jurisdictions. 570.545 Eradication of weeds when owner or occupant refuses to do so; request for quarantine; statement of expenses to be filed. (1) If the owner or occupant of the land fails or refuses to immediately destroy or cut the noxious weeds in accordance with ORS 570.515 to 570.600, the weed inspector shall at once notify the district attorney of the county who shall at once take necessary steps for enforcement of ORS 570.515 to 570.600. The county court shall authorize the weed inspector or such assistants as the weed inspector may employ to go upon the land or premises and destroy the noxious weeds or control them in such manner will destroy all seeds of such noxious weeds; provided, however, that if destruction or control of the weeds on any farm is in the judgment of the county weed inspector impracticable because the weeds may be too far advanced, or if for any other reason the means of control available are unsatisfactory, the weed inspector shall so notify the county court, which shall request the State Department of Agriculture to immediately quarantine any such uncontrolled noxious weed infested farm within the county to prevent the movement of infested crops or )f livestock from such farm except under conditions prescribed in the quarantine that will prevent spread of the weeds by such crops or livestock. In all cases where the inspector undertakes to destroy or control noxious weeds, the most effective and practical method, in the judgment of the inspector, and with least injury to the land or crops, shall be used. (2) Upon the completion of such work the person so appointed and authorized by the county court sha11 file with the county clerk an itemized statement of the expenses necessarily incurred in the destruction of such weeds, including the wages of the person as provided in ORS 570.520, verified by the oath of the person. 570.550 Statement to be entered on lien docket; recovery of unpaid amount. When the statement of expenses is filed, the county clerk shall cause it to be entered upon a lien docket prepared for that purpose . The amount of the charges and expenses when so docketed shall constitute a first lien upon such lands or premises, except as to taxes. If the charges and expenses are not paid and the lien discharged by the owner or occupant of such lands within 90 days from the date the lien is docketed, the county may recover the expenses in an a,:tion at law. [Amended by 1957 c.99 §1; 1985 c.621 §4; 1991 c.459 §437] 570.555 Payment for work. If within 10 days from the date of filing and docketing the lien as provided in ORS 570.545 and 570.550, no objections have been filed thereto, the county court shall pay to the person or persons appointed by the court, as provided in ORS 570.520 (1), out of the general funds of the county, the amount of such lien. 570.560 County tax for weed control fund; expenditure. (1) The county courts of the several counties of this state hereby are required to levy a tax and create a fund to be known as the weed control fund for the control of weeds on county highways and public lands and for cooperation with individuals, state and federal agencies in controlling noxious weeds within weed control districts. The amount estimated by the county court as being sufficient for such purposes may be placed in the county budget and after consideration at the meeting held for the purpose of passing upon the tax levy by the electors of the county, may become one of the items for which expenditure may be made during the ensuing year. (2) When such a fund is created, it shall be expended under the supervision of the county court in suc t manner as to effectuate the purposes of ORS 570.515 to 570.600. 570.562 Special assessment. Notwithstanding ORS 570.560, in addition to or in lieu of the tax autho ized by ORS 570.560, a county governing body may levy a special assessment based upon benefit to finance ' reed control activities. All such assessments shall be treated in the same manner as the tax referred to in ORS 570.560. [1985 c.621 §5a; 1989 c.570 §1] http://www.leg.state.or.us/ors/570.html 12/] 4/2009 Chapter 570 — Plants; Inspection, Quarantine, Pest and Weed Control Page 4 of 5 570.565 Dissolution of weed control district; disposition of funds. If in the judgment of the court the enforcement of ORS 570.515 to 570.600 in any county which has been declared a weed control district seems impracticable or likely to work injury to the people of the district, it may after a hearing declare that such weed control district no longer exists. Any special weed control district shall be declared terminated by the county court when a majority of landowners in the district, by petition or by public hearing state that they desire such district terminated for any weeds declared noxious in the district. Any moneys remaining in any fund for Nveed control shall, after the termination of the district, be credited to the general fund of the county. 570.570 Duty to clean machinery before moving; weed infested residue not to be moved. No person operating or having control of any threshing machinery, clover huller, hay baler, seed cleaning or treating machinery or other machinery shall move said machinery over any public road or from one farm to anothc r without first thoroughly cleaning it. Before moving it, all hay or bundle racks and all other equipment shall be thoroughly swept and cleaned. All hay, straw or other crop residue infested with noxious weeds under the meaning of ORS 570.515 to 570.600 having partially or fully formed seeds shall not be moved from the i nd on which grown to other lands not infested with any of the weeds in the field from which such crop material game. 570.575 Copy of statute to be posted on machinery; copies furnished by county clerk. (1) No person shall operate any threshing machine, clover huller or hay baler, seed cleaning or treating machinery or an, other similar machinery within any duly created weed control district in this state without first having posted in a conspicuous place on such machinery a copy of ORS 570.570 and this section. (2) The county clerks of the various counties of this state hereby are authorized and directed to have p Hinted a sufficient number of copies of ORS 570.570 and 570.575 and shall deliver such copies upon request to owners or operators of such machinery. (Cost -Share Assistance Grants) 570.580 Cost -share assistance grants for weed control; application. Any person owning or occupying land within a weed control district or special weed control district who conducts a weed control project in accordance with the provisions of ORS 570.520 and 570.580 to 570.600 may apply to the county court or commission for a cost -share assistance grant. [1975 c.555 §10] 570.585 Cost -share assistance grants for weed control; source of expenditures; limit on grants. (l) The county courts of the several counties of this state hereby are required to provide cost -share assistance grafi is to persons owning or occupying land within such counties who conduct a weed control project in accordance: with the provisions of ORS 570.520 and 570.580 to 570.600. Expenditures by any county court or commission for cost -share assistance grants shall be made from the county's weed control fund pursuant to ORS 570.560. (2) In any fiscal year, the amount of cost -share assistance to any person eligible for such assistance under ORS 570.580 and 570.590 shall be an amount equal to, but not exceeding, 50 percent of the actual cost of the eligible person's weed control project. [1975 c.555 §9] 570.590 Eligibility for grants. No person shall be eligible for a cost -share assistance grant under ORS 570.520 and 570.580 to 570.600 unless: (1) A weed control inspector has: (a) Conducted a field inspection of the weed control site; (b) Approved the eligible person's plan for implementing a weed control project; and (c) Certified that specific expenditures are appropriate for implementation of the project. (2) The eligible person has made certified expenditures for the purpose of implementing an approved weed control project. Adequate proof of such expenditures shall consist of: (a) Receipts, invoices or other evidence indicating the amount and cost of the project; and (b) Such other weed control information as the county court or commission may require. [1975 c.555 §11] http://www.leg.state.or.us/ors/570.html 12/' 4/2009 riants; Inspection, Quarantine, Pest and Weed Control Page 5 of 5 570.595 Department funds for grants; reports by county. (1) Subject to ORS 291.232 to 291.260, the State Department of Agriculture may distribute in the manner prescribed in subsection (3) of this section to each county court an amount equal to 50 percent of the amount of cost -share assistance grants actually provided by the county court to eligible persons pursuant to ORS 570.580 to 570.590. (2) Any funds available and received by any county court under this section shall be placed in the county's weed control fund and shall be expended by the county court to carry out the purposes of ORS 570.520 and 570.580 to 570.600. (3) Each county court receiving funds under this section shall report to the department, at such times as the department shall require: (a) The total number of eligible owners who have received cost -share assistance grants under ORS 570.580; and (b) Any other weed control information the department shall require to carry out the purposes of ORS 570.520 and 570.580 to 570.600. The department shall make any necessary adjustments in the amounts due each county court at such times as the department determines appropriate in order to avoid overpayment. [1 )75 c.555 §13] 570.600 Financial assistance by department for weed control; limit on county responsibility. (1) Ti e State Department of Agriculture may provide financial assistance to counties to promote the implementation of noxious weed control projects. (2) Notwithstanding any other provision of ORS 570.520 and 570.580 to 570.600, a county court is not required to perform any duty, function or power provided in ORS 570.520 and 570.580 to 570.600 unless thy; department provides financial assistance to the county pursuant to subsection (1) of this section. [1975 c.555 §§14,15] hitn.//www.leg.state.or.usiors/570.html 12/14/20t19