Arizona § 48-2998 - Alternative plan to eradicate noxious plants

§ 48-2998. Alternative plan to eradicate noxious plants

A. As an alternative to proceeding under section 48-2997, the board of directors may remove and eradicate noxious weeds, shrubs, vines or grasses from the district under this section. If the board elects to do so, it shall adopt a resolution containing:

1. A legal description, by tracts, parcels or lots, of the lands to be included in the proceeding. The resolution may embrace any number of contiguous tracts, parcels or lots, but each shall be separately described.

2. A declaration that noxious weeds, shrubs, vines or grasses, specified by name, have been found on the lands.

3. A declaration that the presence of the noxious plants constitutes a nuisance to other lands in the district.

4. A requirement that the owner, lessee, tenant or other person in charge of the land immediately eradicate the noxious plants and that if the person does not the district will proceed with the eradication.

5. The time and place where the board will hear objections of any owner of the lands and reasons why the district should not proceed to eradicate the noxious plants and with the assessment of the cost of the eradication against the tracts, parcels or lots of land affected.

B. Not less than five nor more than fifteen days before the date set for the hearing, the board shall cause a notice to be conspicuously posted at least three places not more than five hundred feet apart on the property described. The notice shall briefly recite the adoption of the resolution and the date of adoption, together with a statement of every material matter embodied in the resolution, including notice of the time, place and purpose of the meeting of protest, and that, unless the noxious plants are immediately removed and eradicated, the district will proceed with their removal. The notice shall be headed in capital letters not less than one inch in height, "notice to destroy noxious plants". The inspector or other person posting the notices shall report to the board the date the notices were posted.

C. At the time and place stated in the notice, the board shall hear protests against the proposed action and may continue the hearing from time to time. On conclusion of the hearing, the board, by motion or resolution, shall allow or overrule any objections, whereupon the board is deemed to have acquired jurisdiction to proceed with the work of eradication, and the decision of the board is then final.

D. After final action, or if no objections are received, the board may order its inspector to enter the premises described and eradicate the noxious plants. The inspector and the inspector's assistants may enter private property for that purpose.

E. A property owner has the right to eradicate noxious plants at the owner's own expense if done before the work by the inspector begins. If done to the satisfaction of the inspector and the board, no cost or assessments shall accrue against the particular tracts, parcels or lots of land on which the noxious plants have been eradicated.

F. The inspector shall keep an accurate account of the cost of the work done by the inspector or under the inspector's supervision and the expense incurred on each tract, parcel or lot of land and shall render an itemized report of the costs in writing to the board. A copy of the report shall be posted in the office of the board and a copy served on the owner of each tract, parcel or lot of land affected, if the owner can be found in the county.

G. At a time fixed by the board, not less than three days after filing the inspector's report, the board shall meet to discuss the report and hear objections or complaints to the report made by owners of the property liable for assessments. After hearing the objections, if any, and making amendments to or modifications of the report as the board deems proper, the board shall by motion or resolution confirm the report.

H. The cost, when fixed and determined under this section, constitutes a special assessment and a lien of the district against the respective tracts, parcels or lots of land described. The assessments shall then be certified by the board to the county treasurer who shall add them to the next regular statements for county taxes levied against the respective tracts, parcels or lots of land described. The county treasurer shall collect the amounts so assessed and levied at the time and in the manner, and subject to the same procedure and penalties for delinquency, as general county taxes.