7-22-2124. Destruction of weeds by board -- court order -- deposits. (1) (a) The board may seek a court order to enter upon the landowner's land and institute appropriate noxious weed control measures, which may include contracting with a commercial applicator pursuant to subsection (1)(c)(iii), if:
     (i) the landowner or the landowner's representative does not take corrective action within the time specified in 7-22-2123(2);
     (ii) a proposal is not made and accepted as provided in 7-22-2123(3); and
     (iii) the board does not receive a formal objection or a request for a hearing.
     (b) If the board decides to seek a civil penalty under 7-22-2123(2)(b) instead of taking the control measures, the board shall obtain judicial approval from the court for the penalty.
     (c) (i) After taking action pursuant to subsection (1)(a) or obtaining a court order and instituting appropriate noxious weed control measures, the board shall submit a bill to the landowner that covers the costs of the weed control measures and contains a penalty not exceeding 25% of the total cost incurred. The bill must itemize the hours of labor, cost of material, equipment time, legal fees, and court costs or provide an invoice from a commercial applicator if the board contracted for weed control pursuant to subsection (1)(c)(iii). The board shall provide a copy of the bill, including the penalty, to the county clerk and recorder.
     (ii) Labor, material, and equipment used by the board in instituting appropriate noxious weed control measures must be valued at the current rate paid for commercial management operations in the district. The bill must reflect actual legal fees and court costs incurred by the board. The bill submitted to the landowner under subsection (1)(c)(i) must specify and order a payment due date of 30 days from the date the bill is sent.
     (iii) The board may enter into an agreement with a commercial applicator, as defined in 80-8-102, to destroy the weeds. The commercial applicator shall carry all insurance required by the board.
     (d) All penalties collected pursuant to this section are in addition to other penalties authorized under this chapter and must be credited to a noxious weed fund created under 7-22-2141.
     (2) If a landowner who received an order to take corrective action requests an injunction or stay of the corrective action in district court within 10 days of receipt of the order, the board may not institute control measures until the matter is finally resolved, except in case of an emergency. If the board declares an emergency and institutes appropriate measures to control the noxious weeds, the landowner who received the order under 7-22-2123(2)(a) is liable for costs as provided in subsection (1) of this section only to the extent determined appropriate by the board, the board of county commissioners, or the court that finally resolves the matter.

     History: En. Sec. 11, Ch. 195, L. 1939; amd. Sec. 3, Ch. 90, L. 1941; amd. Sec. 3, Ch. 228, L. 1947; R.C.M. 1947, 16-1715(part); amd. Sec. 14, Ch. 607, L. 1985; amd. Sec. 2, Ch. 141, L. 1987; amd. Sec. 11, Ch. 407, L. 2001; amd. Sec. 2, Ch. 407, L. 2009; amd. Sec. 2, Ch. 320, L. 2011.