§ 8.12.080. Board action—Notice and noncompliance.

A.

Noncompliance with undesirable vegetation requirements—General notice.

1.

If a complaint is made or the board has reason to believe that undesirable vegetation described in this part is present on a landowner's property within the district, the board shall notify the landowner by certified mail of the complaint and shall request permission for the board's agent to enter the property to conduct an inspection.

2.

If the landowner has an agent for service on file with the office of the Montana Secretary of State, the notice must be given by certified mail to the registered agent.

3.

The landowner or the landowner's representative shall respond in writing within ten days of receipt of the notice.

B.

Inspections. If the board's agent and the landowner or landowner's representative agree to an inspection, the agent and the landowner or representative shall inspect the land at an agreed-upon time. The board or the board's agent may seek a court order to enter and inspect the land to determine if undesirable vegetation is present on the property if:

1.

Within ten days of sending the certified letter to the address on the tax records or to the agent for service, the board is unable to determine the owner of the property; or

2.

The letter cannot be delivered because the landowner or the landowner's representative refuses to sign the receipt or does not reside on the property.

C.

Presence of Undesirable Vegetation. If the board or its agent finds undesirable vegetation on the property during the inspection, the board or its agent shall:

1.

Seek the landowner's or representative's voluntary compliance with the provisions of this chapter. The landowner will be deemed to have voluntarily complied with this part if the landowner submits and the board accepts a written weed management proposal to undertake specific control measures and the landowner fulfills the terms of the proposal. The proposal must require that the landowner or the landowner's representative notify the board as measures in the proposal are taken.

2.

If the board or its agent is unable to obtain voluntary compliance within ten days of the landowner's receipt of the notification as set forth in this Section 8.12.080 A(3), the board or its agent shall pursuant to this Section 8.12.080 D notify the landowner or the landowner's representative by certified mail that undesirable vegetation was found on the property.

D.

Notice and Correspondence. All correspondence with a landowner or the landowner's representative concerning notifications of undesirable vegetation, including requests made pursuant to subsection (1) to inspect property and notifications of noncompliance, must be made on the uniform notification material provided by the department and must contain the following:

1.

List the fact that undesirable vegetation was found on the property;

2.

Provide the legal description of the property;

3.

Provide the address of the property, if available;

4.

State the fact that the presence of undesirable vegetation violates the provisions of this chapter and that the landowner has ten days after receiving the notice to contact the board or its agent;

5.

Provide the address and phone number for the board and its agent;

6.

Notify the landowner of the landowner's responsibility to submit a proposal to address the undesirable vegetation to meet the requirements of Section 8.12.070;

7.

Advise the landowner of the right to request a hearing to contest the finding of noncompliance, including the timeframe for making the request; and

8.

Specify the actions the board may take if the landowner fails to remove the undesirable vegetation, including but not limited to the charges allowed under Section 8.12.090.

E.

Posting of Property. If the board believes it is advisable, the board may post a dated order in a conspicuous place on the property, providing notice that undesirable vegetation has been found on the property and informing the landowner or landowner's representative of the options for complying with controlling the undesirable vegetation pursuant to Section 8.12.070 and this Section 8.12.090, together with the actions that may be taken under Sections 8.12.090 and 8.12.100 if the landowner fails to control the undesirable vegetation."

F.

Request for Hearing. Within ten days after receiving notice to comply with the weed board's notification to control the undesirable vegetation, the landowner may request a hearing before the weed board if the landowner disagrees with the weed control measures proposed by the board.

[1.]

If the landowner's objection to the board's action remains after the hearing, the landowner has ten days to appeal the board's decision to the district court with jurisdiction in the county in which the property is located.

[2.]

If the landowner has requested a hearing or has appealed a hearing decision pursuant to this Section 8.12.080, the board may not take any action to control the undesirable vegetation weeds until after the hearing and authorization is provided from the board or the court.

( Ord. No. 13-15, § 3, 1-18-2014 )