CHAPTER 217

(SB 98)

Weeds and pests, certain penalties established for failure to control.


         ENTITLED, An Act to  establish certain penalties for failure to control weeds and pests.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 38-22 be amended by adding thereto a NEW SECTION to read as follows:

     If the county weed and pest board is requested by an individual to perform weed and pest control operations on the individual's property and the individual fails to reimburse the county by November first in the year in which the operations are performed, the cost of the control, plus an administrative fee of fifty dollars or ten percent of the cost of control, whichever is greater, shall be charged as taxes against each tract of land on which the expenses were incurred pursuant to §  38-22-23.14.

     Section  2.  That § 38-22-23.14 be amended to read as follows:

     38-22-23.14.   If the landowner fails or refuses to perform as required within the time designated, the county weed and pest board may proceed to perform the requirements. The board shall certify its expenses to the county auditor, and the auditor shall bill the landowner for the amount of the expenses , plus an administrative fee of fifty dollars or ten percent of the cost of control, whichever is greater . If the landowner has not paid the bill by November first of the calendar year in which the expenses were incurred, the amount of the bill shall be further increased by ten percent, and the adjusted amount shall be charged as taxes against each tract of land on which the expenses were incurred. The adjusted amount shall be collected as other taxes and credited to the general fund.

     Section  3.  That chapter 38-22 be amended by adding thereto a NEW SECTION to read as follows:

     Any owner, occupant, or other person who maintains or exercises control or management over land who is issued a resolution by the county weed and pest board pursuant to §  38-22-23.13 for three consecutive years and fails to perform the minimum remedial requirements for control is subject to a civil penalty of up to five hundred dollars. Any owner, occupant, or other person who maintains or exercises control or management over land on which the county weed and pest board has performed remedial requirements pursuant to §  38-22-23.14 for three consecutive years is subject to a civil penalty of up to five hundred dollars.

     Signed March 5, 2001.
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