Chapter 3.42
COUNTY NOXIOUS WEED CONTROL BOARD

Sections:

3.42.010    Established - membership - qualifications - appointments.

3.42.020    Terms of office.

3.42.030    Vacancies.

3.42.040    Officers - meetings.

3.42.050    Administration.

3.42.060    Adopt rules.

3.42.070    Compensation and expenses.

3.42.080    Obligations or liabilities incurred.

3.42.090    Districts.

3.42.100    Severability.

3.42.010 Established - membership - qualifications - appointments.

Pursuant to chapter 17.10 RCW, a county noxious weed control board, hereinafter referred to as the "board"," is hereby established. The board shall consist of five voting members. At least four of the voting members shall be engaged in the primary production of agricultural products. There shall be one non-voting member who shall be the county extension director or an extension representative appointed by the county extension director. The council shall divide the county into five districts, none of which shall overlap and each of which shall be of the same approximate area, and shall appoint a voting member for each district.

(Added Ord. 87-102, November 25, 1987; Amended by Amended Ord. 10-083, Oct. 27, 2010, Eff date Dec. 1, 2010).

3.42.020 Terms of office.

The terms of office of members of the board shall be for four years and until their successors are appointed. Each voting member shall be limited to three consecutive full terms. Upon enactment of this chapter, for the purpose of establishing staggered terms, two of the five voting members shall be reappointed to serve terms of two years and three voting members shall be reappointed to serve terms of four years. For subsequent terms, members of the board shall be appointed in accordance with RCW 17.10.050(2).

(Added Ord. 87-102, November 25, 1987; Amended by Amended Ord. 10-083, Oct. 27, 2010, Eff date Dec. 1, 2010).

3.42.030 Vacancies.

In case of a vacancy occurring in any voting position on the board, the council shall appoint a qualified person recommended by the executive to fill the vacancy for the unexpired term in the manner provided for in RCW 17.10.050.

(Added Ord. 87-102, November 25, 1987; Amended by Amended Ord. 10-083, Oct. 27, 2010, Eff date Dec. 1, 2010).

3.42.040 Officers - meetings.

As provided by RCW 17.10.050(3), the board shall annually elect from its members, at its first regular meeting, a chairperson and a vice-chairperson. The noxious weed coordinator shall be responsible for maintaining the minutes and other records of the board.

(Added Ord. 87-102, November 25, 1987; Amended by Amended Ord. 10-083, Oct. 27, 2010, Eff date Dec. 1, 2010).

3.42.050 Administration.

(1) The board shall employ or otherwise provide a county noxious weed coordinator, hereafter referred to as the "coordinator," through the county personnel system, pursuant to RCW 17.10.060, with the director of the department of public works as the appointing authority for the coordinator. The coordinator may be classified as full time or seasonal as determined by the director of the department of public works in consultation with the board. The coordinator shall comply with the county personnel policies. These policies require supervision from the director of the department of public works or his/her designee for all purposes including authority regarding appointment, termination or employee discipline.

(2) The coordinator’s duties shall include management of the annual noxious weed control program, including but not limited to:

(a) Supervision of the inspection of land to determine the presence of noxious weeds;

(b) Preparation of the annual program and preliminary budget for approval by the board and the county council;

(c) Management of the board’s annual program of work which includes four elements: the weed control program; the education program; the enforcement and regulation program; and the monitoring program.

(3) The coordinator will be accountable to the board for meeting the fiscal and budgetary restraints set forth by the board and the county council. The coordinator will provide the board with a budgetary review of expenditures and balances at the regular meetings of the board or as requested by the board.

(4) Subject to budgetary control by the county council, the board may request that the director of the department of public works assign additional department employees as the board deems necessary for the administration of the county’s noxious weed control program. Such employees shall be county classified positions subject to the provisions of title 3A SCC. While the board shall establish the annual noxious weed control program to be carried out by such employees, they shall be subject to the supervision of the director of the department of public works or his/her designee for all purposes including decisions regarding appointment, termination or employee discipline.

(5) Administrative support for the board shall be provided by the department of public works. Subject to the limitations of budgetary appropriations, such support shall include, but not be limited to, office space, vehicles and equipment as well as payroll, accounting, grants administration and all other necessary financial services. All expenditures of board appropriations shall be approved by the chairman of the board, or his/her designee, before being authorized by the department.

(6) The board may seek and recommend that the executive, in accordance with SCC 2.10.010(25), apply for grants to support the county noxious weed control program. Grant contracts shall be approved in accordance with SCC 2.10.010 and 3.04.140.

(Added Ord. 87-102, November 25, 1987; Amended by Amended Ord. 10-083, Oct. 27, 2010, Eff date Dec. 1, 2010).

3.42.060 Adopt rules.

The county noxious weed control board shall have the power to adopt such rules and regulations, subject to notice and hearing as provided in chapters 42.30 and 42.32 RCW as now or hereafter amended, as are necessary for an effective county noxious weed control or eradication program; PROVIDED, That such rules and regulations have been submitted and approved by the council; and PROVIDED, That such rules and regulations shall not be in conflict with state law or county code.

(Added Ord. 87-102, November 25, 1987).

3.42.070 Compensation and expenses.

The county noxious weed control board members shall serve without salary but shall be compensated for actual and necessary expenses incurred in the performance of their official duties.

(Added Ord. 87-102, November 25, 1987).

3.42.080 Obligations or liabilities incurred.

Obligations or liabilities incurred by the county noxious weed control board or any claims against the county noxious weed control board shall be governed by chapter 4.96 RCW or RCW 4.08.120; PROVIDED, That individual members or employees of a county noxious weed control board shall be personally immune from civil liability for damages arising from actions performed within the scope of their official duties or employment.

(Added Ord. 87-102, November 25, 1987).

3.42.090 Districts.

For the purposes of SCC 3.42.010, the districts are:

NOXIOUS WEED CONTROL DISTRICT NO. 1

Beginning where the south line of Section 3, Township 31 north, range 3 east Willamette Meridian intersects with the westerly Snohomish county boundary, said point to be the TPOB; thence east along said south line of section 3 to the easterly boundary of Snohomish county; thence northerly along said easterly boundary to the northerly boundary of Snohomish county; thence west along said northerly boundary to the westerly boundary of Snohomish county; thence south to the TPOB.

NOXIOUS WEED CONTROL DISTRICT NO. 2

Beginning where the south line of Section 3, Township 31 north, Range 3 east Willamette Meridian intersects with the westerly Snohomish county boundary, said point to be the TPOB; thence east along said south line to the Easterly boundary of Snohomish county; thence south along said easterly boundary to the south line of Section 10, Township 30 North, Range 15 east Willamette Meridian; thence west along said south line of Section 10 to the westerly boundary of Snohomish county thence north along said westerly boundary to the TPOB.

NOXIOUS WEED CONTROL DISTRICT NO. 3

Beginning at the intersection of the south line of Section 10, Township 30 North, Range 15 East Willamette Meridian and the Easterly boundary of Snohomish county, said point to be the TPOB; thence west along said south line of Section 10 to the westerly boundary of Snohomish county; thence south along said westerly boundary to the south line of section 5, Township 29 North, Range 3 east Willamette Meridian; Thence east along said south line of Section 5 to the Easterly boundary of Snohomish county; thence north along said easterly boundary to the TPOB.

NOXIOUS WEED CONTROL DISTRICT NO. 4

Beginning at the intersection of the north line of Section 36, Township 28 north, range 3 east Willamette Meridian and the westerly boundary of Snohomish county, said point to be TPOB; thence east along said north line of section 36 to the easterly boundary of Snohomish county; thence north to the north line of Section 30, Township 29 North, Range 14 east Willamette Meridian; thence west along said north line to the westerly boundary of Snohomish county; thence south along said westerly boundary TPOB. NOXIOUS WEED CONTROL DISTRICT NO. 5

Beginning at the intersection of the north line of Section 36, Township 28 North, Range 3 East Willamette Meridian and the westerly boundary of Snohomish county, said point to be the TPOB; thence east along said north line of section 36 to the easterly boundary of Snohomish county; thence west to the westerly boundary of Snohomish county; thence north along said westerly boundary to the TPOB.

(Added Ord. 87-102, November 25, 1987; Amended by Amended Ord. 10-083, Oct. 27, 2010, Eff date Dec. 1, 2010).

3.42.100 Severability.

If any portions of this chapter or its applications to any person or circumstances is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected.

(Added Ord. 87-102, November 25, 1987).