Chapter 219 Oregon Laws 2001

AN ACT

HB 2606

Relating to weeds; amending ORS 570.530; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 570.530 is amended to read:

570.530. (1) The weed inspector shall have access to the land within the district.

(2) When the provisions of ORS 570.515 to 570.600 are not being complied with, the weed inspector shall serve a written notice to the owner or occupant of the land. When the weed inspector is unable to serve [such] the notice personally, the weed inspector shall post the notice and two copies thereof in three conspicuous places on the land. [Such] The notice shall contain:

(a) The date of service or posting of notice.

(b) The name of the weed or weeds growing on [such] the land, and a statement setting forth that [such] the weeds must be destroyed or must be prevented from producing seed within a specified time of not less than two days or more than 20 days, to be established by the inspector, from the date of service of [such] the notice.

(3) The service of [such] notice as provided in subsection (2) of this section [shall have the effect to require] imposes a requirement on the owner or occupant of [such] the land to destroy or prevent [such] the weeds from seeding or spreading during the continuation of ownership or occupancy of the land or until the district is dissolved. A copy of [such] the notice, together with proof of service indorsed thereon, shall be filed with the county court.

(4) Notwithstanding subsections (2) and (3) of this section, ORS 570.520 or 570.535, with permission of the owner or occupant of land, employees of the State Department of Agriculture, or of designated weed control districts, may enter the land to identify noxious weeds and to implement or provide for the implementation of integrated noxious weed control measures, including but not limited to the application of pesticides to the land. The control or eradication of noxious weeds may be conducted with or without charge to the owner or occupant of the land. A notice as described in subsection (2) of this section is not required for the conduct of activities described in this subsection.

SECTION 2. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor May 29, 2001

Filed in the office of Secretary of State May 30, 2001

Effective date May 29, 2001

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