7-22-2131. Noncompliance with weed control requirements -- general notice. (1) (a) If a complaint is made against a landowner or if the board has reason to believe that noxious weeds are present on a landowner's property, the board shall notify the landowner by certified mail of the complaint and shall request permission for the board's agent to enter the property to conduct an inspection.
     (b) If the landowner has an agent for service on file with the secretary of state, the notice must be given by certified mail to the registered agent.
     (c) The landowner or the landowner's representative shall respond within 10 days of receipt of the notice.
     (2) (a) If the board's agent and the landowner or landowner's representative agree to an inspection, the agent and the landowner or representative shall inspect the land at an agreed-upon time.
     (b) The board or the board's agent may seek a court order to enter and inspect the land to determine if noxious weeds are present on the property if:
     (i) within 10 days of sending the certified letter to the address on the tax records or to the agent for service, the board is unable to determine the owner of the property; or
     (ii) the letter cannot be delivered because the landowner or the landowner's representative refuses to sign the receipt or does not reside on the property.
     (3) If the board finds noxious weeds on the property during the inspection, the board shall:
     (a) seek the landowner's or representative's voluntary compliance with the district weed management program in accordance with 7-22-2132; or
     (b) if voluntary compliance is not obtained, notify the landowner or the landowner's representative by certified mail that noxious weeds were found on the property.
     (4) The notice must contain the language specified in this section.
     (5) If the board believes it is advisable, the board may post a dated order in a conspicuous place on the property providing notice that noxious weeds have been found on the property and informing the landowner or landowner's representative of the options for complying with the weed management program pursuant to 7-22-2132 and the actions that may be taken under 7-22-2134 if the landowner fails to comply with the weed management program.
     (6) All correspondence with a landowner or the landowner's representative concerning notifications of weed infestations, including requests made pursuant to subsection (1) to inspect property and notifications of noncompliance, must be made on the uniform notification material provided by the department and must:
     (a) list the noxious weeds found on the property;
     (b) provide the legal description of the property;
     (c) provide the address of the property, if available;
     (d) state the fact that the presence of the weeds violates state law and that the landowner has 10 days after receiving the notice to contact the board or its agent;
     (e) provide the address and phone number for the board;
     (f) notify the landowner of the landowner's:
     (i) responsibility to submit a weed management proposal; and
     (ii) right to request a hearing to contest the finding of noncompliance, including the timeframe for making the request; and
     (g) specify the actions the board may take if the landowner fails to remove the weeds, including but not limited to the anticipated costs of destroying the weeds and the 25% penalty allowed under 7-22-2134.

     History: En. Sec. 1, Ch. 301, L. 2013.