House File 128 - Introduced
HOUSE FILE
BY REASONER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the control of noxious weeds on land by
2 providing alternative notice procedures to landowners and
3 other responsible persons.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 317.6, Code 2005, is amended to read as
1 2 follows:
1 3 317.6 ENTERING LAND TO DESTROY WEEDS == NOTICE.
1 4 In case of If there is a substantial failure by the owner
1 5 or person in possession or control of any land to comply with
1 6 any order of destruction pursuant to the provisions of this
1 7 chapter, the county weed commissioner, including the weed
1 8 commissioner's deputies and, or employees acting under the
1 9 weed commissioner's direction shall have full power and
1 10 authority to may enter upon any land within their the
1 11 commissioner's county for the purpose of destroying noxious
1 12 weeds. Such The entry may be made without the consent of the
1 13 landowner or person in possession or control of the land but.
1 14 However, the actual work of destruction shall not be commenced
1 15 until five days after the service of a notice in writing on
1 16 the landowner and on the person in possession or in control of
1 17 the land have been notified. The notice shall state the facts
1 18 as relating to failure of compliance with the county program
1 19 of weed destruction order or orders made by the board of
1 20 supervisors and shall be served in the same manner as an
1 21 original notice except as hereinafter provided. The notice
1 22 may shall be served delivered by personal service on the owner
1 23 and persons in possession and control of the land. The
1 24 personal service may be served by the weed commissioner, the
1 25 weed commissioner's deputies or any person designated in
1 26 writing by the weed commissioner and. However, in lieu of
1 27 personal service, the weed commissioner may provide that the
1 28 notice be delivered by restricted certified mail. A copy of
1 29 the notice shall be filed in the office of the county auditor.
1 30 Provided, however, that service on persons living temporarily
1 31 or permanently outside of the county may be made by sending
1 32 the written notice of noncompliance by certified mail to said
1 33 person at the The last known address to of the owner or person
1 34 in possession or control of the land may be ascertained, if
1 35 necessary, from the last tax list in the county treasurer's
2 1 office. Where any person, firm or corporation owning land
2 2 within the county has filed a written instrument in the office
2 3 of the county auditor designating the name and address of its
2 4 agent, the notice herein provided may be served on delivered
2 5 to that agent. In computing time hereunder for notice, it
2 6 shall be from the date of service as evidenced on the return
2 7 or if of service. If delivery is made by restricted certified
2 8 mail, it shall be from the date of mailing as evidenced by the
2 9 certified mail book at the post office where mailed.
2 10 Sec. 2. Section 317.16, Code 2005, is amended to read as
2 11 follows:
2 12 317.16 FAILURE TO COMPLY.
2 13 1. In case of a substantial failure to comply by the date
2 14 prescribed in any order of destruction of weeds made pursuant
2 15 to this chapter, the weed commissioner or the deputies may,
2 16 subsequent to the time after service of the notice provided
2 17 for in section 317.6 enter do any of the following:
2 18 a. Enter upon the land and as cause provided in section
2 19 317.6 and provide for the destruction of the weeds to be
2 20 destroyed, or may impose as provided in section 317.6.
2 21 b. Impose a maximum penalty of a ten dollar fine for each
2 22 day, up to ten days, that the owner or person in possession or
2 23 control of the land fails to comply. If a penalty is imposed
2 24 and the owner or person in possession or control of the land
2 25 fails to comply, the weed commissioner shall cause the weeds
2 26 to be destroyed.
2 27 2. If the weed commissioner enters the land and causes the
2 28 weeds to be destroyed, the actual cost and expense of cutting,
2 29 burning or otherwise destroying the weeds, along with the cost
2 30 of serving providing notice and special meetings or
2 31 proceedings, if any, shall be paid by the county and, together
2 32 with the additional assessment to apply toward costs of
2 33 supervision and administration, be recovered by an assessment
2 34 against the tract of real estate on which the weeds were
2 35 growing, as provided in section 317.21. Any fine imposed
3 1 under this section shall be recovered by a similar assessment.
3 2 EXPLANATION
3 3 This bill amends Code chapter 317, which provides for the
3 4 control of noxious weeds. Generally, county weed
3 5 commissioners are responsible for enforcing the provisions of
3 6 the Code chapter, which includes the authority to enter onto
3 7 land for purposes of controlling noxious weeds if the owner of
3 8 the land or other responsible person (e.g., the owner's
3 9 tenant) fails to do so. The Code chapter requires the weed
3 10 commissioner to notify the responsible person prior to
3 11 entering onto the person's land to control the noxious weeds.
3 12 The notice must be made by personal service. The bill
3 13 provides that in lieu of personal service, the weed
3 14 commissioner may provide notice by restricted certified mail.
3 15 The bill also amends provisions in order to enhance their
3 16 readability.
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