7-22-2123. Procedure in case of noncompliance -- notice. (1) (a) Whenever a complaint has been made or the board has reason to believe that noxious weeds described in this part are present upon a landowner's land within the district, the board shall attempt informal resolution of the complaint or alleged presence of noxious weeds by notifying the landowner by mail or telephone. If the situation is not resolved after the initial mail or telephone contact, the board may request inspection of the land by sending the request by certified mail at least 10 days after the initial contact is attempted.
     (b) If the landowner has an agent for service on file with the secretary of state, the notice must be given by mail to the registered agent. The landowner or the landowner's representative shall respond to the notice within 10 days.
     (c) If the board or the board's agent and the landowner or landowner's representative agree to an inspection, the board or the board's agent and the landowner or the landowner's representative shall inspect the land at an agreeable time. The inspection must occur within 10 days after the agreed-upon inspection date. If within 10 days after sending a certified letter to the address listed on the tax records for the property or the agent of service the board is unable to determine the owner of the property or the landowner objects to the inspection, the board or the board's agent may seek a court order to enter and inspect the land to determine if noxious weeds are present on the property.
     (2) (a) (i) If the board or the board's agent finds noxious weeds on the property as a result of the inspection, the board or the board's agent shall notify the landowner or the landowner's representative by certified mail that noxious weeds were found on the property and shall seek voluntary compliance from the landowner or landowner's representative with the district noxious weed management program.
     (ii) The notice must contain the language specified in this section.
     (iii) If ownership of the land is in question or the board believes it is advisable, the board or the board's agent may also post in a conspicuous place on the property a dated order providing notice that noxious weeds have been found on the property and directing the landowner or landowner's representative to comply with the district noxious weed management program.
     (b) If the board or the board's agent is unable to obtain voluntary compliance with the district noxious weed management program by the landowner or landowner's representative within 10 days after the notification or within 10 days after posting the notice under subsection (2)(a), the landowner is considered to be in noncompliance and is subject to appropriate control measures pursuant to 7-22-2124 or, at the discretion of the board of county commissioners, a civil penalty as established by the board following a public hearing after providing notice as required in 7-1-2121.
     (c) (i) Within 10 days after the board has issued a notice to comply with the noxious weed management program, the landowner or landowner's representative may file a request for a hearing before the board if the landowner or landowner's representative disagrees with the noxious weed management control measures proposed to be taken by the board.
     (ii) If the landowner's objection to the board's action remains after the hearing, the landowner has 10 days to appeal the board's decision to the district court having jurisdiction in the county in which the property is located.
     (d) If a request for a hearing has been filed pursuant to subsection (2)(c), the board or the board's agent may not take any action to control the noxious weeds until after the hearing and authorization from the board or the court.
     (e) If the board imposes the civil penalty authorized in subsection (2)(b) and a hearing is requested in court, the penalty may be sought for each year or portion of a year during which the landowner is not in compliance with the district noxious weed management program.
     (3) A landowner is considered to be in compliance if the landowner submits and the board accepts a proposal to undertake specified control measures and remains in compliance as long as the landowner performs according to the terms of the proposal. The proposal must include a requirement that the landowner or landowner's representative notify the board as measures in the proposal are taken. If the measures proposed to be taken extend beyond the current growing season, the proposal and acceptance must be in writing.
     (4) In accepting or rejecting a proposal, the board shall consider the economic impact on the landowner and the landowner's neighbors, practical biological and environmental limitations, and alternative control methods to be used.
     (5) If a court issues an order approving a board's actions, the court retains jurisdiction over the matter:
     (a) until the actions specified in the weed management plan or court order are complete;
     (b) for the length of time specified in the order; or
     (c) for 5 years if the order does not specify a time limit.
     (6) The department shall provide boards with a uniform notification form that must be used when notifying landowners of potential noncompliance with this part. The form must:
     (a) list the noxious weeds found on the property;
     (b) provide the legal description of the property;
     (c) provide the address of the property, if available;
     (d) state the fact that the presence of the weeds violates state law and that the landowner has 10 days after mailing of the notice to contact the board or its agent;
     (e) provide the address and phone number for the board or its agent;
     (f) notify the landowner of the landowner's:
     (i) responsibility to submit a weed management proposal; and
     (ii) right to request a hearing to contest the finding of noncompliance, including the timeframe for making the request; and
     (g) specify the actions the board may take if the landowner fails to remove the weeds, including but not limited to the anticipated costs of destroying the weeds, the 25% penalty allowed under 7-22-2124, and the board's intent to file a court action to impose a civil fine that may become a lien upon the property.

     History: (1)En. Sec. 9, Ch. 195, L. 1939; amd. Sec. 1, Ch. 90, L. 1941; amd. Sec. 2, Ch. 228, L. 1947; amd. Sec. 1, Ch. 51, L. 1961; amd. Sec. 1, Ch. 64, L. 1965; amd. Sec. 2, Ch. 185, L. 1969; amd. Sec. 3, Ch. 360, L. 1974; Sec. 16-1713, R.C.M. 1947; (2)En. Sec. 10, Ch. 195, L. 1939; amd. Sec. 2, Ch. 90, L. 1941; Sec. 16-1714, R.C.M. 1947; R.C.M. 1947, 16-1713(part), 16-1714; amd. Sec. 13, Ch. 607, L. 1985; amd. Sec. 1, Ch. 141, L. 1987; amd. Sec. 10, Ch. 407, L. 2001; amd. Sec. 1, Ch. 407, L. 2009; amd. Sec. 1, Ch. 320, L. 2011.