317.16 Failure to comply.
1. In case of a substantial failure to comply by the date prescribed in any order of destruction of weeds made pursuant to this chapter, the weed commissioner may do any of the following:
a. Enter upon the land as provided in section 317.6 and provide for the destruction of the weeds as provided in section 317.6.
b. Impose a maximum penalty of a ten dollar fine for each day, up to ten days, that the owner or person in possession or control of the land fails to comply. If a penalty is imposed and the owner or person in possession or control of the land fails to comply, the weed commissioner shall cause the weeds to be destroyed.
2. If the weed commissioner enters the land and causes the weeds to be destroyed, the actual cost and expense of cutting, burning, or otherwise destroying the weeds, along with the cost of providing notice and special meetings or proceedings, if any, shall be paid by the county and, together with the additional assessment to apply toward costs of supervision and administration, be recovered by an assessment against the tract of real estate on which the weeds were growing, as provided in section 317.21. Any fine imposed under this section shall be recovered by a similar assessment.
[S13, §1565-c, -d; C24, 27, 31, 35, §4823; C39, §4829.16; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.16]
83 Acts, ch 123, §121, 209; 85 Acts, ch 171, §4; 2005 Acts, ch 39, §2
Referred to in §317.21
Structure Iowa Code
Section 317.1A - Noxious weeds.
Section 317.1B - State weed commissioner.
Section 317.1C - Department — powers and duties.
Section 317.1D - Exemption — Iowa hemp Act.
Section 317.2 - State botanist.
Section 317.3 - Weed commissioner — standards for noxious weed control.
Section 317.4 - Direction and control.
Section 317.5 - Weeds in abandoned cemeteries.
Section 317.6 - Entering land to destroy weeds — notice.
Section 317.7 - Report to board.
Section 317.8 - Duty of secretary of agriculture or secretary’s designee.
Section 317.9 - Duty of board to enforce.
Section 317.10 - Duty of owner or tenant.
Section 317.11 - Weeds on roads — harvesting of grass.
Section 317.12 - Weeds on railroad or public lands and gravel pits.
Section 317.13 - Program of control or eradication.
Section 317.14 - Notice of program.
Section 317.15 - Loss or damage to crops.
Section 317.16 - Failure to comply.
Section 317.17 - Additional noxious weeds.
Section 317.18 - Order for weed control or eradication on roads.
Section 317.19 - Road clearing appropriation.
Section 317.20 - Equipment and materials — use on private property.
Section 317.21 - Cost of weed destruction.
Section 317.22 - Duty of highway maintenance personnel.
Section 317.23 - Duty of county attorney.
Section 317.24 - Punishment of officer.
Section 317.25 - Invasive plants prohibited — exception — penalty.