Chapter 3.65
ASSESSMENT LEVIED FOR COORDINATING NOXIOUS WEED CONTROL
Sections:
3.65.010 Purpose and findings.
3.65.040 Lien against property.
3.65.010 Purpose and findings.
The noxious weed control board is organized under Chapter 17.10 RCW to coordinate the management of noxious weeds in order to prevent, control, or mitigate the spread of these species to protect human health, livestock, wildlife, native habitat, and ecosystem functioning in ecological as well as economical terms. “Noxious weeds” are those plants which are highly destructive, competitive, and/or difficult to control by cultural, chemical, mechanical, biological, or other management techniques, and which are regulated by the state of Washington under Chapter 17.10 RCW and listed under Chapter 16-750 WAC.
The noxious weed board finds the need for noxious weed control exists within Jefferson County and the Jefferson County board of county commissioners accepts that finding and incorporates same herein.
RCW 17.10.240 authorizes the Jefferson County board of commissioners to levy an assessment against all benefiting land for noxious weed control purposes.
The Jefferson County board of commissioners finds that the public interest will be served by the imposition of the special assessments made under this legislation, and that the special assessments to be imposed on any land will not exceed the special benefit that the land receives or will receive from the activities of the Jefferson County noxious weed control board. [Ord. 7-15 § 1]
3.65.020 Land classification.
The Jefferson County noxious weed control board has classified land in Jefferson County pursuant to the requirements outlined in RCW 17.10.240. The classifications of land subject to assessment are defined as forest and nonforest as provided below.
(1) Nonforestry. All real property parcels in Jefferson County that have an upland component or distributed land share and are not classified in another category listed here. Includes, but is not limited to, condominiums (timeshares and nontimeshares), state parks, county parks, conservation lands, schools, libraries, fire district facilities, churches, agricultural lands, ports, and other real property parcels not classified elsewhere.
(2) Forestry. Real property parcels in Jefferson County that are in the designated timber and forestlands (Chapter 84.33 RCW), open space, agricultural, timberlands (Chapter 84.34 RCW), and public lands managed for timber as identified by the Jefferson County land use codes 9710 (county-owned timberlands), 9720 (State DNR managed timberlands) and 9725 (State Forest Board timberlands).
(3) Public Roads (State, County, City). State, county, and city roads will each be assessed as one parcel per jurisdictional entity, with an aggregate assessment determined by evaluating the length and functional width of each segment under the jurisdiction of the fee assessment payer and develop an appropriate parcel count and acreage aggregate. The nonforestry rates will be used.
(4) Lands not subject to the noxious weed assessments include:
(a) Federal and tribal trust lands;
(b) Mineral rights;
(c) Standalone tideland parcels and tideland acreage;
(d) Standalone water parcels and water acreage;
(e) Common areas and open space as separate parcels where the land is assessed through other parcels (acreage may be distributed to the other parcels for calculating the noxious weed assessment (NWA) fees);
(f) Private roads as separate parcels where the land is assessed through other parcels (acreage may be distributed to the other parcels for calculating the NWA fees);
(g) Parcels with taxable values exempted under RCW 84.36.015;
(h) Improvements only parcels (no direct land component);
(i) Parcels determined by the county assessor to qualify for a senior citizen or disabled persons property tax exemption under RCW 84.36.381 on January 1st of the tax year; and
(j) Properties within the boundaries of the Olympic National Park (RCW 37.08.210).
(5) If a portion of a real property parcel does not satisfy any exemption criteria specified in this section, then the parcel shall be subject to said fee. [Ord. 8-25 § 3 (Att. A); Ord. 7-15 § 2]
3.65.030 Rate.
(1) An assessment for the Jefferson County noxious weed control program of $5.50 per parcel and $0.45 per acre on all property not classified as forestland shall be imposed annually. The Jefferson County noxious weed control board has classified land in Jefferson County pursuant to the requirements outlined in RCW 17.10.240. The classifications of land subject to assessment are defined as forest and nonforest, and as provided in JCC 3.65.020, Land classification.
(2) Under RCW 17.10.240, forestlands may be subject to an annual noxious weed assessment that does not exceed one-tenth of the weighted average of the per acre and per parcel rate levied on other lands that are subject to the weed assessment.
(3) Property classified as forestland, as defined in RCW 84.33.035, which is used solely for the planting, growing or harvesting of trees and which is typified, except for a single five-year period following clear-cut logging, by canopies so dense as to prohibit the growth of an understory, as specified in RCW 17.10.240(2), shall be assessed at one-tenth the nonforestland rate or $0.55 per parcel and $0.045 per acre.
(4) State forestlands managed under Chapter 79.22 RCW shall be considered to be forestland for the purpose of this assessment.
(5) The parcel and acreage assessment for condominium timeshares will be levied based on each physical condominium unit and divided among the unit shares.
(6) Annual assessment will be adjusted per annual fee indexing. Fixed amount fees established by this chapter shall be adjusted annually on the first business day of January (adjusted date) by the amount of the increase in the Consumer Price Index (CPI-W). The CPI-W is the “Consumer Price Index – U.S. City Average for All Urban Wage Earners and Clerical Workers,” published by the Bureau of Labor Statistics for the United States Department of Labor. The annual fee adjustment shall be calculated as follows: the fee in effect immediately prior to the adjustment date will be increased by the percentage increase in the CPI-W as reported for the month of September preceding the adjustment date.
(7) Increases to the noxious weed annual assessment will be rounded to the nearest cent for the per parcel rate and the nearest tenth of a cent for the per acre rate.
(8) Timber rates are one tenth of each per parcel and per acre rate.
(9) The noxious weed assessment shall not be reduced due to annual fee indexing.
(10) Noxious weed assessment fee increases in accordance with this calculation shall not exceed five percent per year. [Ord. 8-25 § 3 (Att. A); Ord. 7-15 § 3]
3.65.040 Lien against property.
The amount of such assessment shall constitute a lien against any property for which the assessment has not been paid by the date it is due, as provided in RCW 17.10.240. A notice of lien shall be sent to each owner of such property.
All liens created shall be collected by the Jefferson County assessor-treasurer in the same manner as delinquent real property tax pursuant to RCW 17.10.240(1), if within 30 days from the date of when the owner is sent notice of the lien, including the amount thereof, the lien remains unpaid and an appeal has not been made pursuant to RCW 17.10.180.
All liens created shall bear interest at the rate of 12 percent per annum and such interest shall accrue as of the date notice of the lien is sent to the property owner.
The county shall have a lien for delinquent special assessments, including interest thereon, against any property subject to special assessments; the lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Such liens shall be effective and shall be enforced and foreclosed in the manner provided by RCW 17.10.240. [Ord. 7-15 § 4]
3.65.050 Special fund.
There is hereby created in the treasury of Jefferson County the noxious weed control fund in which all funds collected from the assessment herein levied shall be deposited and which shall only be used to support the activities of the noxious weed control board. [Ord. 7-15 § 5]