Chapter 8.32
NOXIOUS WEEDS
Sections:
8.32.020 Noxious weed removal.
8.32.030 Noxious weed removal--Collection of charges.
8.32.040 Violation--Penalty--Noxious weed fund established--Noticing procedure.
8.32.010 Definitions.
As used in this chapter, the following definitions shall apply:
A. "Coordinator" means the person appointed by the town to conduct the noxious weed program or supervise others in the eradication of noxious weeds.
B. "Native plant" means a plant endemic to the state of Montana.
C. "Native plant community" means an assemblage of native plants occurring in a natural habitat.
D. "Noxious weeds" or "weeds" means any exotic plant species established or that may be introduced in the community that has been determined by the state or Gallatin County, through its weed management plan, as noxious, such as spotted knapweed, yellow toadflax, dyer’s woad or other species that may be added to the state’s list of noxious weeds as set forth in the Administrative Rules of Montana.
E. "Person" means any individual, partnership, corporation, association, state or local government agency or subdivision owning, occupying or controlling any land, easement or right-of-way in the corporate limits of the town of West Yellowstone.
F. "Weed management or control" means the planning and implementation of a coordinated program for the containment, suppression and, where possible, eradication of noxious weeds. (Ord. 248 §1, 2009)
8.32.020 Noxious weed removal.
A. Pursuant to 7-22-2116, MCA, it is unlawful for any person to permit any noxious weed to propagate or go to seed on the person’s land. The owner, his/her representative, contract purchaser or any occupant of real property within the town shall exterminate noxious weeds growing thereon as well as property in the town right-of-way up to the back edge of the sidewalk or curb, as may be appropriately applied to the parcel of land in question, by pulling or spraying such noxious weeds.
B. In case of failure to do so, they shall be subject to the punishment provided in Section 8.32.040, and the town may cause the vegetation to be pulled or sprayed, and the expense incurred shall be charged against the property. (Ord. 248 §2, 2009)
8.32.030 Noxious weed removal--Collection of charges.
In the event the owner, representative of the owner, contract purchaser or occupant of any property required by Section 8.32.020 to pull or spray noxious weeds fails to do so, the town may at any time cause such vegetation to be removed. The cost of such removal shall be based upon charges set forth in Section 8.32.040 and collected as a special charge against the property. (Ord. 248 §3, 2009)
8.32.040 Violation--Penalty--Noxious weed fund established--Noticing procedure.
A. If it becomes necessary for the town to institute control measures, the property owner will be billed for labor, materials, and equipment time at the current commercial rates plus a fifty percent penalty. Due date of payment for the bill is thirty days from the date the bill is sent. If the property owner does not pay the bill by the due date, the cost will be entered as a special tax on the land. The property cannot be sold until the bill is paid.
B. There is established by this chapter a noxious weed fund. All funds collected, as prescribed in subsection A of this section, shall be deposited in the special noxious weed control fund, said funds to be used for the control of noxious weeds in the town, as set forth in 7-22-2117, MCA.
C. It shall be the duty of the public services superintendent, the noxious weed coordinator, or their authorized representative, to enforce the provisions of this chapter and to determine that a violation of this chapter exists. Written notice of violation shall be served upon the owner directing that the noxious weeds be removed or sprayed within seven days or the following action will be taken: the town will cause the noxious weeds to be pulled or sprayed with the cost thereof to be charged against the owner as set forth in subsection A of this section.
D. Notice Procedure. Notice of the violation shall be made by either (1) posting a copy of the notice on the premises or (2) mailing a copy of the notice to the owner by first-class United States mail. The notice shall be deemed complete on the day the notice is posted or mailed.
E. Violation of this chapter is a municipal infraction subject to provisions of Sections 7-1-4150 through 7-1-4152, MCA. (Ord. 248 §4, 2009)