Chapter 2.42
NOXIOUS WEED CONTROL BOARD

Sections:

Article I. Generally

2.42.010    Activated.

2.42.020    Section boundaries.

2.42.030    Membership – Appointment – Terms – Vacancies.

Article II. Assessment

2.42.040    Purpose and need for assessment.

2.42.050    Land classification.

2.42.060    Rate.

2.42.070    Lien against property.

2.42.080    Special fund.

2.42.090    Effective date.

2.42.100    Invalidity.

Article I. Generally

2.42.010 Activated.

Pursuant to RCW 17.10.040, the San Juan County council has activated the San Juan County noxious weed control board. (Ord. 3-2008 § 2; Ord. 7-1996)

2.42.020 Section boundaries.

Pursuant to RCW 17.10.050, the San Juan County council hereby adopts five geographic areas that coincide with the voter precincts listed below for representation by members of the San Juan County noxious weed control board:

Area 1 San Juan South – San Juan 1, San Juan 5 and Friday Harbor 2;

Area 2 San Juan North – San Juan 2, San Juan 3, San Juan 4, Stuart and Friday Harbor 1;

Area 3 Orcas West – Orcas 1, Orcas 2 and Waldron;

Area 4 Orcas East – Orcas 3 and Orcas 4;

Area 5 Lopez/Shaw – Lopez 1, Lopez 2, Shaw and Decatur/Blakely.

In the event the current voter precinct boundaries change, the five area boundaries set forth above shall likewise change to correspond to the new voter precinct boundaries. (Ord. 3-2008 § 3; Ord. 8-1996 Exh. A)

2.42.030 Membership – Appointment – Terms – Vacancies.

Members of the noxious weed control board shall be appointed as follows:

A. The San Juan County noxious weed control board shall consist of five voting members appointed by the San Juan County council. One voting member shall be appointed from each of the five areas that are described in SJCC 2.42.020. At least four of the voting members shall be persons engaged in the primary production of agricultural products. The WSU Cooperative Extension chair, or other Extension faculty that the Extension chair may designate, is hereby appointed as a sixth, ex officio, nonvoting member.

B. Each voting member shall serve four-year terms except that the San Juan County council shall designate the voting members from Area 3 and Area 5 to serve two-year terms when the board is first activated.

C. Voting members shall serve on the board until their replacements are appointed. New members of the board shall be appointed at least 30 days prior to the expiration of any board member’s term.

D. In a case of a vacancy occurring in any voting position on the County noxious weed control board, the County council shall appoint a person to fill the vacancy for the unexpired term.

E. The San Juan County noxious weed control board shall operate under the authority of Chapter 17.10 RCW and shall have all of the authority, responsibilities and restrictions given to it under said chapter.

F. In conducting its business, the noxious weed control board shall follow the Uniform Business Rules, including the Rules of Procedure, unless other rules have been duly adopted by the County council. (Ord. 3-2008 § 4; Ord. 8-1996 Exh. B)

Article II. Assessment

2.42.040 Purpose and need for assessment.

The San Juan County noxious weed control board is organized under Chapter 17.10 RCW to control the spread of noxious weeds in order to protect human health, livestock, wildlife, native habitat and ecosystem. “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 Chapter 17.10 RCW and listed under Chapter 16-750 WAC.

There is a pressing need for noxious weed control within San Juan County. RCW 17.10.240 authorizes the San Juan County council to levy an assessment against all benefiting land for noxious weed control purposes. (Ord. 3-2008 § 5; Ord. 22-2002 § 1)

2.42.050 Land classification.

The San Juan County noxious weed control board has classified land in San Juan County pursuant to the requirements outlined in RCW 17.10.240. The land subject to assessment is classified as forest and nonforest. The San Juan County council finds that the public interest will be served by the imposition of the special assessments made under Chapter 17.10 RCW, and that the special assessments to be imposed on this land will not exceed the special benefit that the land receives or will receive from the activities of the San Juan County noxious weed control board. The board shall adopt by resolution a land use classification chart which sets out the classifications adopted by the noxious control weed board. (Ord. 3-2008 § 6; Ord. 22-2002 § 2)

2.42.060 Rate.

A fee assessment for the San Juan County noxious weed control program of $6.25 per parcel plus $0.625 per acre on all property classified as nonforest land shall be imposed annually. Property classified as forest land as defined in Chapter 84.33 RCW (Use Code 88 as defined by the State Department of Revenue) and Chapter 84.34 RCW (Use Code 95 as defined by the State Department of Revenue), 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 $0.625 per parcel plus $0.0625 per acre. (Ord. 1-2009 § 1; Ord. 22-2002 § 3)

2.42.070 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 San Juan County 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. (Ord. 22-2002 § 4)

2.42.080 Special fund.

There is hereby created in the treasury of San Juan County, the noxious weed control fund in which all taxes collected from the assessment herein levied shall be deposited, as well as all other funds which the weed control board is authorized to receive. Interest earned from investments of this fund shall remain with the fund. This fund shall only be used to support the activities of the San Juan County noxious weed control board. (Ord. 22-2002 § 5)

2.42.090 Effective date.

Collection of the fee assessment shall begin in the tax collection year 2003. (Ord. 22-2002 § 6)

2.42.100 Invalidity.

If any section, subsection, clause or phrase or word of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this article. (Ord. 22-2002 § 7)