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DATE March 10, 1981
ORDINANCE NO.
INTROVUCED BY Hansey
PROPOSED BY County Executive �J
11 , `ice
83 -22
AN ORDINANCE .AMENDING ORDINANCE 81 -61,
W.C.C. CHAPTER 2.27
RELATING TO ENFORCEMENT POWERS
OF THE NOXIOUS WEED CONTROL BOARD
WHEREAS, pursuant to Ordinance No. 81 -61 the Whatcom County
Council activated a County Noxious Weed Control Board as
authorized by R.C.W. Chapter 17.10, and
WHEREAS, it now appears that the control and prevention of the
spreading of noxious weeds necessitates the implementation of
procedures set forth in R.C.W. 17.10 for the creation and
enforcement of liens against properties which are not in
voluntary compliance with. the weed abatement requirements of
that Chapter.
NOW, THEREFORE, BE IT ORDAINED that in accordance with the
provisions of R.C.W. Chapter 17.10, Ordinance No. 81 -61 (now
codified as W.C.C. Chapter 2.27) is hereby amended to include
the following new sections:
15. (a.) Whenever the Weed Control Board finds that Tansy
Ragwort is present on any parcel of land, and that the owner
thereof is not taking prompt and sufficient action to abate and
control the same, pursuant to the provisions of R.C.W.
17.10.140 and 17.10.150, it shall notify. such owner that a
violation of R.C.W. 17.10 exists.. Such notice shall be in
writing and order prompt control action, and specify the time,
of at least ten-(10) days from issuance 'of the notice, within
which the prescribed action must be taken.
(b.),If the owner does not take action to control the noxious
weeds in accordance with the notice, the county board may
control them, or cause their being controlled, at the expense
of the owner. The amount of such expense shall constitute a
lien against the property. Each such lien created may be
collected by the Treasurer in the same manner as a delinquent
real property tax, if within thirty (30) days from the date the
owner is sent notice of the lien, including the amount thereof,
the lien remains unpaid and an appeal has not been made
pursuant to Section 16 infra.
(c.) Written notice of said lien shall be sent to the property
owner in the manner set forth in R.C.W. 17.10 .290 and shall
include notice of the right to appeal provided by Section 16,
infra.
(d.) The County Auditor shall record in his office any lien
created under this chapter, and any such lien shall bear
interest at the rate of twelve 02) percent per annum and such
interest shall accrue, as of the date of the notice.
(e.) The owner shall be liable for payment of the
controlling the weed, and nothing in this chapter
construed to prevent collection of any judgment
expense of
shall be
on account
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thereof by any means available pursuant to law, in substitution
for enforcement of the lien. Funds received in payment. for the
expense of controlling noxious weeds shall be transferred to
the County Noxious Weed Control Board to be expended as
required to carry out the purposes of this Ordinance.
16. (a.) Any owner, upon request made within thirty (30) days
of the date of mailing of the notice required under section 15
(a), supra, shall be entitled to a hearing before the Weed
Control Board on any charge or cost for which such owner is
alleged to be liable. The board shall send notice by certified
mail, to each owner residing within the county at his last
known address, as to any such charge or cost and as to his
right of a hearing. If the owner does not reside within the
county, such notice shall be sent by certified mail. .
(b.) The Weed Board shall schedule a public hearing within
thirty (30) days of its receipt of a valid request for
hearing. At such hearing the board shall receive evidence and
take testimony on the following issues:
1.) Was the action to control or abate tansy ragwort on
the appellant's property necessary under the terms of
R.C.W. Chapter 17.10?
2.) Was the cost and scope of the action taken reasonable
in relation to the severity.of the problem?
3..) Was the action done in a negligent manner such that
the appellant is entitled to offset the costs charged with
the losses suffered as a.result of such negligence?
(c.) The findings of the Weed Board shall be in writing, and
the decision on the appeal shall be issued within twenty (20)
days of the close of the public hearing. Final decisions and
actions of the board shall be subject to judicial review as
provided by R.C.W. 17.10.180.
17. Any lien for labor, materials, or equipment supplied in
controlling noxious weeds shall be created in accordance with
the requirements of R.C.W. 17.10 including, but not limited to,
Sections 17.10.290 and 17.10.300..
APPROVED this
ATT9972 ti
7th day of April , 1983.
Clerk 0r',, The Council
WHATCOM COUNTY COUNCIL
W COM COUN T/ ; W HINGTON
C COLE
Chairperpo
(�) APPROVED ( ) VETOED
JOHN OUWS
Coun y Executive
April 8, 1983
DATE
=1
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APPROVED AS TO FORM:
r
BRU E Le DISEIND, Civil Deputy
Proseeutin_g Attorney
Published on 4 .43.483 . and 4/15/83
This ordinance becomes effective on 4/18/83