Chapter 18.20
NOXIOUS WEEDS

Sections:

18.20.010    Purpose and need.

18.20.020    Land classification.

18.20.030    Rate.

18.20.040    Billing.

18.20.050    Lien for delinquent special assessments and foreclosures.

18.20.060    Special fund.

18.20.070    Effective date.

18.20.010 Purpose and need.

(a)    The Kitsap County noxious weed control board is organized under RCW 17.10 to control the spread of noxious weeds in order to protect human health, livestock, wildlife, native habitat, and ecosystem functioning. “Noxious weeds” are those plants which are highly destructive, competitive, or difficult to control by cultural or chemical practices and which are regulated by the State of Washington under RCW 17.10 and listed under Chapter 16-750 WAC.

(b)    The Kitsap County noxious weed control board states that the need for noxious weed control exists in Kitsap County. RCW 17.10.240 authorizes the Kitsap County board of commissioners to levy an assessment against all benefiting land for noxious weed control purposes.

(Ord. 330 (2004) § 1 (part), 2004: Ord. 316 (2004) § 1 (part), 2004)

18.20.020 Land classification.

The Kitsap County noxious weed control board has classified land in Kitsap 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 in Attachment A which by this reference is incorporated herein. The Kitsap 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 Kitsap County noxious weed control board.

(Ord. 330 (2004) § 1 (part), 2004: Ord. 316 (2004) § 1 (part), 2004)

18.20.030 Rate.

An assessment for the Kitsap County noxious weed control program of $2.00 per parcel and $0.08 per acre on all property not classified as forest land shall be imposed annually. Under RCW 17.10.240 forest lands 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. Property classified as forest land, 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 shall be assessed at the rate of $0.10 per parcel and $0.008 per acre. Said assessment shall be levied against all benefiting lands in Kitsap County in 2010 and collection of such assessments shall commence in 2010 and thereafter. Parcels issued a property tax statement with a taxable value of zero shall be exempt from the noxious weed control assessment.

(Ord. 465 (2010) § 2, 2010: Ord. 330 (2004) § 1 (part), 2004: Ord. 316 (2004) § 1 (part), 2004)

18.20.040 Billing.

(a)    All property subject to rates and special assessments pursuant to this chapter shall be assessed annually. Billing statements shall be included on the annual property tax statements. Properties which do not receive a property tax statement will receive a separate rate and special assessment billing statement.

(b)    The total amount of the special assessment shall be due and payable on or before the thirtieth day of April, and shall be delinquent after that date; however, if one-half of such special assessment is paid on or before the thirtieth day of April, the remainder shall be due and payable on or before the thirty-first day of October and shall be delinquent after that date.

(Ord. 330 (2004) § 1 (part), 2004)

18.20.050 Lien for delinquent special assessment charges and foreclosures.

(a)    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.

(b)    All liens created shall be collected by the Kitsap County treasurer in the same manner as delinquent real property tax pursuant to RCW 17.10.240(1), if within thirty 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.

(c)    Delinquent special assessments shall bear interest as provided in RCW 17.10.240 at the rate of twelve percent per annum, or such rate as may hereafter be authorized by law, computed on a monthly basis from the date of delinquency until paid. Interest shall be calculated at the rate in effect at the time of payment of the charges regardless of when the assessments were first delinquent.

(d)    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. 330 (2004) § 1 (part), 2004: Ord. 316 (2004) § 1 (part), 2004)

18.20.060 Special fund.

There is hereby created in the treasury of Kitsap County, the noxious weed control fund in which all taxes collected from the assessment herein levied shall be deposited and which shall only be used to support the activities of the Kitsap County noxious weed control board. In the interest of maintaining the best possible service at the lowest possible cost, the county will reduce program overhead by providing without charge, basic support for the noxious weed control program. This support includes, but is not limited to, fiscal administration, office space, computer and phone service, and technical assistance as available and exact accountability of funding.

(Ord. 330 (2004) § 1 (part), 2004: Ord. 316 (2004) § 1 (part), 2004)

18.20.070 Effective date.

This assessment herein levied shall take effect as of January 1, 2005.

(Ord. 330 (2004) § 1 (part), 2004: Ord. 316 (2004) § 1 (part), 2004)