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IC 15-3-4.6-1
Establishment by county ordinance
Sec. 1. (a) As used in this chapter, "authorizing body" means the
body that has the power to adopt ordinances under IC 36-1-3-6.
(b) The authorizing body of any county may, on its own initiative
or after receiving a petition signed by five percent (5%) of the
registered voters of the county, establish by ordinance a weed control
board.
As added by Acts 1981, P.L.161, SEC.1.
IC 15-3-4.6-2
Noxious weeds
Sec. 2. The following are noxious weeds under this chapter:
(1) Canada thistle (Cirsium arvense).
(2) Johnson grass and Sorghum almum (Sorghum halepense).
(3) Bur cucumber (Sicyos angulatus).
(4) Shattercane (Sorghum bicolor (L.) Moench spp. drummondii
(Steud.) deWet).
As added by Acts 1981, P.L.161, SEC.1. Amended by P.L.182-1989,
SEC.3; P.L.99-1998, SEC.2.
IC 15-3-4.6-3
Members of board; appointment; term; vacancies; election of
officers; compensation and expenses; employees; inspectors
Sec. 3. The weed control board consists of the following members
to be appointed by the authorizing body:
(1) one (1) township trustee of the county;
(2) one (1) soil and water conservation district supervisor;
(3) a representative from the agricultural community of the
county;
(4) a representative from the county highway department or an
appointee of the county commissioners; and
(5) a cooperative extension service agent from the county to
serve in non-voting advisory capacity.
Each board member shall be appointed for a term of four (4) years.
All vacancies in the membership of the board shall be filled for the
unexpired term in the same manner as initial appointments. The
board shall elect a chairman, and a secretary. The members of the
board are not entitled to receive any compensation, but are entitled
to such traveling and other expenses as may be necessary in the
discharge of their duties. The board may appoint an executive
director and employ necessary technical, professional, and other
assistants and it shall fix the qualifications, duties, and salaries of
these employees subject to the permission of the county council. The
county highway supervisor and the soil and water conservation
district supervisor or employee serving the county shall serve as
inspectors for the board. They shall make periodic inspections and
report their findings to the board and the executive director, if any.
As added by Acts 1981, P.L.161, SEC.1.
IC 15-3-4.6-4
Powers and duties
Sec. 4. The powers and duties of the weed control board include:
(1) taking all necessary and proper steps to control and contain
noxious weeds which have adverse significance on agricultural
production in this state;
(2) entering upon any land, public or private, at any reasonable
time after giving forty-eight (48) hours notice to the person in
possession of the land to inspect for noxious weeds, unless
permission is granted to enter earlier;
(3) purchasing supplies, material, and equipment;
(4) acquiring by gift or purchase, holding, or disposing of, any
real property in the name of the board, to include such facilities
as offices, laboratories, operational buildings, rights-of-way and
easements;
(5) making contracts for the purpose of carrying out the duties
of the board;
(6) entering into cooperative agreements with appropriate
organizations for the purpose of assuring technical assistance in
developing and carrying out the purposes of the board;
(7) identifying problems determined to be of importance to the
public welfare and developing control programs appropriate to
each situation;
(8) undertaking investigations to determine the extent of
infestation of noxious weed species, along with their effect on
agricultural production in the county;
(9) employing the latest technological advances to control and
contain noxious weeds in the county;
(10) accepting gifts and grants of money, services or property
for any use consistent with the objectives of the board;
(11) exercising all other powers necessary to carry out the
purposes of this chapter; and
(12) performing such additional duties as the authorizing body
may prescribe.
As added by Acts 1981, P.L.161, SEC.1.
IC 15-3-4.6-4.1
Marijuana eradication program
Sec. 4.1. In addition to its powers and duties in section 4 of this
chapter, the weed control board may establish a marijuana
eradication program to eliminate and destroy wild marijuana plants
within the county. The program is funded by amounts appropriated
by the county under IC 33-37-8 and by amounts appropriated from
the county general fund.
As added by P.L.185-1983, SEC.1. Amended by P.L.192-1986,
SEC.13; P.L.305-1987, SEC.10; P.L.98-2004, SEC.96.
IC 15-3-4.6-5.4
Cutting or destroying noxious weeds by board; certified statement
of costs sent to property owner; amount placed on tax duplicate;
disposition of funds; government property; loss of tax exemption
Sec. 5.4. (a) If a person fails to begin a program recommended by
the weed control board to control and contain noxious weeds within
the time prescribed in section 5 of this chapter, the weed control
board may pay for the chemicals, equipment, and labor performed in
cutting or destroying noxious weeds under this chapter at a rate per
hour to be fixed by the weed control board commensurate with local
hourly wages.
(b) When the work has been performed, the person doing the work
shall file an itemized bill for the work in the office of the weed
control board. When the bill has been approved, the weed control
board shall pay the bill from the county general fund, unless the
county has established a separate fund for the weed control board.
The weed control board shall certify the cost of the work, adding to
the bill twenty dollars ($20) per day for each day that a member of
the weed control board or the board's agent supervises the
performance of the services required under this chapter as
compensation for services. The certified statement of costs must
include a description of the real estate on which the labor was
performed.
(c) The certified statement of costs prepared under subsection (b)
must be:
(1) sent by certified mail to; or
(2) personally served on;
the owner or person possessing the real estate. The certified
statement must be mailed to the auditor of state for any real estate
owned by the state or to the fiscal officer of another municipality (as
defined in IC 5-11-1-16) for real estate owned by the municipality.
The statement must request that the person pay the cost of
performing the service under subsection (b) to the weed control
board.
(d) If the owner or person in possession of the property does not
pay the amount set forth in the statement within ten (10) days after
receiving the notice under subsection (c), the weed control board
shall file a copy of the certified statement in the office of the county
auditor of the county where the real estate is located.
(e) The auditor shall place the amount claimed in the certified
statement on the tax duplicate of the real estate. Except as provided
in subsections (g) through (i), the amount claimed shall be collected
as taxes are collected.
(f) After an amount described in subsection (e) is collected, the
funds must be deposited in the weed control board fund, if one has
been established by the county, for use at the discretion of the weed
control board. If a weed control board fund has not been established
by the county, the funds collected must be deposited in the county
general fund.
(g) This subsection applies to real estate owned by the state. The
auditor of state shall issue a warrant to pay the amount set forth in
the certified statement of costs for real estate owned by the state and
shall charge the appropriate fund for the amount.
(h) This subsection applies to real estate owned by a municipality
(as defined in IC 5-11-1-16). The fiscal officer of the municipality
shall make the necessary appropriation from the appropriate fund to
pay the weed control board the amount set forth in the certified
statement of costs for real estate owned by the municipality.
(i) This subsection applies to real estate that is exempt from
property taxation. The owner of the tax exempt real estate shall pay
the amount set forth in the certified statement of costs for the tax
exempt real estate. If the owner of the tax exempt real estate fails to
pay the amount required by this chapter, the owner is ineligible for
the property tax exemption, and the department of local government
finance shall deny the property tax exemption for the real estate.
As added by P.L.99-1998, SEC.4. Amended by P.L.90-2002,
SEC.380.
IC 15-3-4.6-5.6
Duties of county auditor regarding certified statement of costs
Sec. 5.6. Except as provided in section 5.4 of this chapter, the
county auditor, upon receiving and filing the weed control board's
certified statement as prescribed in this chapter, shall:
(1) immediately place the amounts on the tax duplicate of the
county;
(2) collect the amounts at the next tax paying time, in the same
manner as other state, county, or township taxes are collected,
including penalties, forfeitures, and sales; and
(3) after the amount has been collected, place the amount in the
proper fund.
As added by P.L.99-1998, SEC.5.
IC 15-3-4.6-7
Cooperative extension service; technical assistance
Sec. 7. The Purdue University cooperative extension service shall
provide technical assistance to any weed control board in order to
control and contain the growth and spread of noxious weeds.
As added by Acts 1981, P.L.161, SEC.1. Amended by P.L.40-1993,
SEC.16.