317.6 Entering land to destroy weeds — notice.
1. If there is a substantial failure by the owner or person in possession or control of any land to comply with any order of destruction pursuant to the provisions of this chapter, the county weed commissioner, including the weed commissioner’s deputies, or employees acting under the weed commissioner’s direction may enter upon any land within the commissioner’s county for the purpose of destroying noxious weeds.
2. The entry may be made without the consent of the landowner or person in possession or control of the land. However, the actual work of destruction shall not be commenced until five days after the landowner and the person in possession or control of the land have been notified.
3. The notice shall state the facts relating to failure of compliance with the county program of weed destruction order or orders made by the board of supervisors. The notice shall be delivered by personal service on the owner and persons in possession and control of the land. The personal service may be served by the weed commissioner or any person designated in writing by the weed commissioner. However, in lieu of personal service, the weed commissioner may provide that the notice be delivered by certified mail. A copy of the notice shall be filed in the office of the county auditor. The last known address of the owner or person in possession or control of the land may be ascertained, if necessary, from the last tax list in the county treasurer’s office. Where any person owning land within the county has filed a written instrument in the office of the county auditor designating the name and address of its agent, the notice may be delivered to that agent. In computing time for notice, it shall be from the date of service as evidenced on the return of service. If delivery is made by certified mail, it shall be from the date of mailing.
[S13, §1565-c, -d, -f; C24, §4817; C27, 31, 35, §4817, 4823-b1; C39, §4829.05, 4829.06; C46, §317.5, 317.6; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.6]
2005 Acts, ch 39, §1; 2010 Acts, ch 1061, §109
Referred to in §317.16
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.