02-07-07: CONTROL PROCEDURES:

   (1)   Only signed written complaints shall be reviewed and investigated by the board. Upon receipt of a complaint, the board shall immediately notify the landowner of the complaint and name a voting member to act as a contact for the landowner. That board member shall arrange with the landowner a time for the appointed investigatory team to examine the orchard or private orchard in question.

   (2)   The board shall appoint three (3) investigators to carry out the field inspection of any orchard or private orchard under review by the board. The investigatory team shall be composed of that board member named as the contact person for the landowner, and that person employed by the University of Idaho as the Canyon County agricultural extension agency to act as an advisor. The other member of the investigatory team shall be determined by the board.

   (3)   The board in conjunction with that person employed by the University of Idaho as the Canyon County agricultural/University of Idaho agricultural extension service, any other agricultural extension specialist deemed necessary, and a representative of the Idaho department of agriculture, division of plant industries, will establish the inspection procedures to be used by any board investigatory team. Such procedures shall be reviewed by the Canyon County board of commissioners and must be approved by the Canyon County board of commissioners prior to implementation.

   (4)   If the investigatory team finds that an orchard or private orchard does in fact contain orchard pests, the landowner in question shall be given written notice to control such pests within ten (10) days of receipt of the notice. Such notice shall comply with Idaho Code section 25-2607.

   (5)   If the landowner fails to control the specified pest or pests within ten (10) days, the landowner in question shall be given notice, not less than seven (7) days before the hearing, to appear before the board to show cause why the board should not initiate steps to control the pest or pests.

   (6)   Unless the landowner can show that the agricultural pests do not exist, or that they do exist but it is not necessary to control them, such landowners shall be requested to enter into a contract with the board specifying a time in which such pests will be controlled by the landowner, and any other provisions determined by the board to be necessary for the fulfillment of the purposes of this article.

   (7)   It shall be the duty of the board and the landowner to examine all possibilities and mechanisms to resolve the situation, including, but not limited to, funding, education, contract spraying, orchard or private orchard destruction and uprooting, and chemical herbiciding of tree stumps.

   (8)   Any landowner subject to an investigation by the board or under an agreement with the board may at any time request through their board contact person a hearing before the board. Granting of the request for a hearing shall be at the discretion of the board.

   (9)   If the landowner does not appear at the hearing, or does appear, but refuses to enter into the contract as requested by the board, or fails to comply with the terms of the contract, the board may cause control procedures to be initiated as soon as practicable at the owner's expense. All expenses incurred in carrying out the provisions of this article shall be a legal charge against the property upon which the control procedures were performed and if not paid within thirty (30) days from the time when demand therefor is first made upon the owner of such property, shall be certified to the tax collector of Canyon County and thereafter shall constitute a lien upon such property; and shall be added by the tax collector to the general taxes assessed against said property which becomes due next thereafter and shall be collected by him in the same manner and with the same penalties as such other taxes. In the event that the Idaho department of agriculture reimburses Canyon County for the expenses incurred in carrying out the provisions of this article, said lien and/or tax assessment shall be in favor of the Idaho department of agriculture, otherwise, it shall be in favor of Canyon County. Nothing contained in this provision shall be construed to require satisfaction of the obligation imposed hereby in whole or in part from the sale of property or to bar the application of any other or additional remedy otherwise available. (Ord. 99-005, 6-25-1999)