Chapter 6.20
NOXIOUS WEED CONTROL BOARD
Sections:
6.20.010 Noxious Weed Control Board established.
6.20.020 Geographical area boundary descriptions.
6.20.030 Purpose and need for assessment.
6.20.060 Lien against property.
6.20.010 Noxious Weed Control Board established.
Pursuant to RCW 17.10.040 and a duly adopted resolution of the Board of County Commissioners, Cowlitz County has activated a County Noxious Weed Control Board. [Ord. 22-098, 10-18-22.]
6.20.020 Geographical area boundary descriptions.
Pursuant to RCW 17.10.050, and in accordance with the recommendations of the County Noxious Weed Control Board and a duly adopted ratifying resolution of the Board of Commissioners, county noxious weed control geographical area boundaries have been established and are described below:
A. Geographical Area No. 1.
Beginning at the northeast corner of Section 24, Township 9N, Range 4E, W.M., thence in a westerly direction along the north line of said Section and the north lines of sections 23, 22, 21, 20, 19 in Range 4E, and Sections 24, 23, 22, 21, 20, 19 in Range 3E, and Sections 24, 23, 22, 21, 20, 19 in Range 2E, and Sections 24, 23, 22, 21, 20, 19 in Range 1E, and Sections 24, 23, 22, 21, 20, 19 in Range 1W, and Section 24 in Range 2W to the intersection of the north line of Section 24, Township 9N, Range 2W, W.M. and the northbound centerline of Interstate 5. Thence in a southerly direction along said northbound centerline of Interstate 5 to the intersection with the south line of Section 35, Township 8N, Range 2W, W.M. Thence in an easterly direction along the south line of said Section 35, Township 8N, Range 2W, W.M. and the south line of Township 8N to the southeast corner of Section 35, Township 8N, Range 1W, W.M. Thence in a northerly direction along the east line of said Section 35 and the west line of Section 25, Township 8N, Range 1W, W.M. to the northwest corner of said Section 25. Thence in an easterly direction along the north line of said Section 25 and the north lines of Sections 30, 29, 28, 27, 26, 25, in Range 1E, and Sections 30, 29, 28, 27, 26, 25, in Range 2E, and Sections 30, 29, 28, 27, 26, 25, in Range 3E, and Sections 30, 29, 28, 27, 26, 25, in Range 4E to the southeast corner of Section 24, Township 8N, Range 4E, W.M. Thence in a northerly direction along the east line of Range 4E to the northeast corner of Section 24, Township 9N, Range 4E, W.M. and the point of beginning.
B. Geographical Area No. 2.
Beginning at the northeast corner of Section 1, Township 10N, Range 4E, W.M., thence westerly along the north line of Township 10N across Ranges 4E, 3E, 2E, 1E, 1W, and 2W to the northwest corner of Section 6, Township 10N, Range 2W, W.M. Thence in a Southerly direction along the west line of Range 2W to the southwest corner of Section 18, Township 9N, Range 2W, W.M. Thence in an easterly direction along the south line of said Section 18, Township 9N, Range 2W, W.M. and the south lines of Sections 17, 16, 15, 14, 13, in Range 2W, and Sections 18, 17, 16, 15, 14, 13, in Range 1W, and Sections 18, 17, 16, 15, 14, 13, in Range 1E, and Sections 18, 17, 16, 15, 14, 13, in Range 2E, and Sections 18, 17, 16, 15, 14, 13, in Range 3E, and Sections 18, 17, 16, 15, 14, 13, in Range 4E to the southeast corner of Section 13, Township 9N, Range 4E, W.M. Thence in a northerly direction along the east line of Range 4E to the northeast corner of Section 1, Township 10N, Range 4E, W.M. and the point of beginning.
C. Geographical Area No. 3.
Beginning at the northeast corner of Section 1, Township 10N, Range 3W, W.M., thence in a westerly direction along the north line of Township 10N to the northwest corner of Section 5, Township 10N, Range 4W, W.M. Thence in a southerly direction along the west line of said Section 5 and the west lines of Sections 8, 17, 20, 29, 32, in Township 10N, and Sections 5, 8, 17, 20, 29, 32, in Township 9N, and Sections 5, 8, 17, in Township 8N to the intersection of the west line of Section 17, Township 8N, Range 4W, extended to the thread of the Columbia River (as determined by the Department of Natural Resources). Thence in a northeasterly, easterly, and southerly direction (upstream) following the thread of said Columbia River to an intersection of said thread with the south line of Section 36, Township 8N, Range 3W, W.M. Thence easterly to the southeast corner of said Section 36. Thence in a northerly direction along the east line of Range 3W to an intersection with the centerline of SR 4 (Ocean Beach Hwy). Thence in an easterly direction along the centerline of said SR 4 to an intersection with the centerline of Washington Way. Thence in a northeasterly direction along the centerline of said Washington Way and the centerline of W. Cowlitz Way to an intersection with W. Main Street. Thence in a southeasterly direction along the centerline of said W. Main Street and Allen Street to an intersection with the northbound centerline of Interstate 5. Thence in a northerly direction along the northbound centerline of said Interstate 5 to an intersection with the north line of Section 24, Township 9N, Range 2W, W.M. Thence in a westerly direction along the north line of said Section 24 and the north lines of Sections 23, 22, 21, 20, 19 in Range 2W to the southwest corner of Section 18, Township 9N, Range 2W, W.M. Thence in a northerly direction along the west line of Range 2W to the northeast corner of Section 1, Township 10N, Range 3W, W.M. and the point of beginning.
D. Geographical Area No. 4.
Beginning at the northeast corner of Section 25, Township 8N, Range 4E, W.M., thence westerly along the north line of said Section 25 and the north lines of Sections 26, 27, 28, 29, 30 in Range 4E, and Sections 25, 26, 27, 28, 29, 30 in Range 3E, and Sections 25, 26, 27, 28, 29, 30 in Range 2E, and Sections 25, 26, 27, 28, 29, 30 in Range 1E, and Section 25 in Range 1W to the northwest corner of Section 25, Township 8N, Range 1W, W.M. Thence in a southerly direction along the west lines of said Section 25 and Section 36, Township 8N, Range 1W to the southeast corner of Section 35, Township 8N, Range 1W, W.M. Thence in a westerly direction along the south line of said Section 35, Township 8N, Range 1W, W.M. and the south line of Township 8N to an intersection with the northbound centerline of Interstate 5. Thence in a northerly direction along said northbound centerline of Interstate 5 to an intersection with the centerline of Allen Street. Thence in a westerly direction along the centerline of said Allen Street and W. Main Street to an intersection with the centerline of Cowlitz Way. Thence in a southerly direction along the centerlines of Cowlitz Way and Washington Way to an intersection with the centerline of SR 4 (Ocean Beach Hwy). Thence in a westerly direction along the centerline of said SR 4 to an intersection with the west line of Range 2W. Thence in a southerly direction along the said west line of Range 2W to an intersection with the thread of the Columbia River (as determined by the WA Department of Natural Resources). Thence southerly (upstream) along the thread of the Columbia River to an intersection with the south line of Section 20, Township 6N, Range 1W, extended. Thence in an easterly direction along the south line of said Section 20 extended and the south lines of Sections 21, 22, 23, 24, Township 6N, to the southeast corner of Section 24, Township 6N, Range 1W, W.M. Thence in a northerly direction along the east lines of Sections 24 and 13, Township 6N, Range 1W, to the northwest corner of Section 18, Township 6N, Range 1E, W.M. Thence in an easterly direction along the north line of said Section 18 and the north lines of Sections 17, 16, 15, 14, 13 in Range 1E, and Sections 18, 17, 16, 15, 14, 13 in Range 2E, and Sections 18, 17, 16, 15, 14, 13 in Range 3E, and Sections 18 and 17 in Range 4E to an intersection with the original thread of the Lewis River (as determined by the Department of Natural resources). Thence in a generally northeasterly and easterly direction along said thread of the Lewis River to an intersection with the east line of Range 4E, W.M. Thence in a northerly direction along the east line of said Range 4E to the northeast corner of Section 25, Township 8N, Range 4E, W.M. and the point of beginning.
E. Geographical Area No. 5.
Beginning at the northeast corner of Section 17, Township 6N, Range 4E, (which is coincident with the thread of the Lewis River). Thence westerly along the north lines of Sections 17 and 18, Township 6N, Range 4E, W.M. and the north lines of Sections 13, 14, 15, 16, 17, 18 in Range 3E, and Sections 13, 14, 15, 16, 17, 18 in Range 2E, and Sections 13, 14, 15, 16, 17, 18 in Range 1E to the northwest corner of Section 18, Township 6N, Range 1E, W.M. Thence in a southerly direction along the west lines of Sections 18 and 19, Township 6N, Range 1E, W.M. to the southeast corner of Section 24, Township 6N, Range 1W, W.M. Thence in a westerly direction along the south lines of Sections 24, 23, 22, 21, and 20 extended, Township 6N, R1W, W.M. to an intersection with the thread of the Columbia River (as determined by the Department of Natural Resources). Thence southerly (upstream) along the thread of the Columbia River to an intersection with the original thread of the Lewis River (as determined by the Department of Natural resources). Thence along said thread of the Lewis River (upstream) to an intersection with the northeast corner of Section 17, Township 6N, Range 4E, W.M. and the point of beginning.
[Ord. 22-098, 10-18-22.]
6.20.030 Purpose and need for assessment.
The Cowlitz County Noxious Weed Control Board is organized under Chapter 17.10 RCW to control the spread of noxious weeds in order to protect human health, livestock, wildlife, native habitat and ecosystem. “Noxious weeds” are those plants which are highly destructive, competitive, or difficult to control by cultural or chemical practices and which are regulated by the state of Washington under Chapter 17.10 RCW and listed under Chapter 16-750 WAC.
There is a pressing need for noxious weed control within Cowlitz County. RCW 17.10.240 authorizes the Cowlitz County Board of Commissioners to levy an assessment against all benefiting land for noxious weed control purposes. [Ord. 22-098, 10-18-22.]
6.20.040 Land classification.
The Cowlitz County Noxious Weed Control Board has classified land in Cowlitz County pursuant to the requirements outlined in RCW 17.10.240. The lands subject to assessment are classified as forest lands and nonforest lands.
A. Forest Lands. Forest land parcels (based on RCW 17.10.240 definition) used solely for the planting, growing, or harvesting of trees and which are typified, except during a single period of five years following clear-cut logging, by canopies so dense as to prohibit growth of an understory. Forest lands must be enrolled in the designated forest land program but may not meet this definition based solely on enrollment.
B. Nonforest Land. This category includes all urban (city) and rural land parcels in the county that are not specifically exempted by an RCW or classified forest lands as defined above.
A fee assessment for the Cowlitz County noxious weed control program on classified land shall be imposed annually. The Cowlitz County Board of Commissioners finds that the public interest will be served by the imposition of the special assessments made under Chapter 17.10 RCW, and that the special assessments to be imposed on land will not exceed the special benefit that the land receives or will receive from the activities of the Cowlitz County Noxious Weed Control Board. The Board shall adopt by resolution a land use classification chart which sets out the classifications adopted by the Noxious Weed Control Board. [Ord. 22-098, 10-18-22.]
6.20.050 Rate.
The county may impose an annual assessment for classified lands annually. The assessments shall be charged in the amount specified as adopted and updated from time to time by resolution of the Cowlitz County Board of Commissioners and in accordance with CCC 6.20.040. The current rate assessment shall be on file with the Board of County Commissioners and the Noxious Weed Control Board. [Ord. 22-098, 10-18-22.]
6.20.060 Lien against property.
The amount of such assessment shall constitute a lien against any property for which the assessment has not been paid by the date it is due, as provided in RCW 17.10.240. The amount of the expense of control incurred by the noxious weed program during an enforcement constitutes a lien against the property as provided in RCW 17.10.170. A notice of lien shall be sent to each owner of such property.
All liens created shall be collected by the Cowlitz County Treasurer in the same manner as delinquent real property tax pursuant to RCW 17.10.170(5) and 17.10.240(1), if within 30 days from the date of when 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 RCW 17.10.180.
All liens created and treated as delinquent taxes shall bear interest at the rate of 12 percent per annum and such interest shall accrue as of the date notice of the lien is sent to the property owner. [Ord. 22-098, 10-18-22.]
6.20.070 Special fund.
There is hereby created in the Treasury of Cowlitz County the noxious weed control fund, in which all amounts collected from the assessment herein levied shall be deposited, as well as all other funds which the Noxious Weed Control Board is authorized to receive. Interest earned from investments of this fund shall remain with the fund. This fund shall only be used to support the activities of the Cowlitz County Noxious Weed Control Board. [Ord. 22-098, 10-18-22.]