Ordinance 1295: Amending Title 3 of LCC to add Chapter 3.55, noxious weed assessment BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE AMENDING TITLE 3 ) ORDINANCE NO. 1295
OF LEWIS COUNTY CODE TO ADD )
CHAPTER 3.55 TO PROVIDE FOR )
A NOXIOUS WEED ASSESSMENT )
WHEREAS, RCW 17.10 creates noxious weed control boards in each county of the state
of Washington; and
WHEREAS, the Board of County Commissioners, through the enactment of a Lewis
County Resolution dated April 6, 1970, activated the Lewis County Noxious Weed Board;
and
WHEREAS, there are insufficient funds in the general County budget to fund the County's
noxious weed control program; and
WHEREAS, RCW 17.10.240 gives the County legislative authority the power to levy a
special assessment in order to fund the County's noxious weed control program; and
WHEREAS, the Noxious Weed Control Board held a public hearing in order to classify
land in the County into suitable classifications to form a basis for a special assessment;
and
WHEREAS, the Noxious Weed Control Board has classified land within the County into
two categories for purposes of weed assessments; and
WHEREAS, the Noxious Weed Control Board has proposed an assessment to be used
for the control of noxious weeds; and
WHEREAS, the Board of County Commissioners has held a public hearing on October
22, 2018, to hear public comment regarding this Ordinance and a proposed special
assessment;
NOW THEREFORE, BE IT RESOLVED by the Lewis County Board of County
Commissioners as follows:
Noxious Weed Containment Real Property Tax Ordinance
Page 1 of 4
Chapter 3.55
NOXIOUS WEED CONTAINMENT REAL PROPERTY TAX
Sections:
3.55.010 Purpose
3.55.020 Authority and Applicability
3.55.030 Definitions
3.55.040 Select Species
3.55.050 Noxious Weed Containment Real Property Tax
3.55.060 Administration, Distribution, and Delinquency
3.55.070 Notice of Public Hearing
3.55.080 Severability
3.55.010 - Purpose.
The purpose of this chapter is to limit economic loss and adverse effects to Lewis
County's agricultural, natural, and human resources due to the presence and spread of
noxious weeds, and to establish measures to contain certain noxious weeds designated
by the Lewis County Noxious Weed Control Board. Chapter 17.10 RCW
3.55.020 - Authority and Applicability.
This chapter shall be administered and enforced by the Lewis County Noxious Weed
Control Board, created pursuant to RCW 17.10.020, or its designees. The provisions of
this chapter shall apply in all unincorporated areas of Lewis County, including designated
urban growth areas.
3.55.030 - Definitions.
The terms used in this chapter shall have the following meanings:
"Noxious weed" means a plant listed on the Lewis County noxious weed list adopted
pursuant to RCW 17.10.090.
"Noxious weed control board" means the Lewis County Noxious Weed Control Board
created pursuant to RCW 17.10.050 or its designees.
"Rules and regulations" means the Lewis County Noxious Weed Control Board Rules and
Regulations adopted in accordance with RCW 17.10.060.
3.55.040 - Select Species.
Any species of noxious weed may be designated by the noxious weed control board as
a select species in its rules and regulations. Prior to designating a select species, the
Noxious Weed Control Board shall hold a public hearing and shall comply with the
requirements for amending the rules and regulations.
Noxious Weed Containment Real Property Tax Ordinance
Page 2 of 4
3.55.050 - Noxious Weed Containment Real Property Tax.
A noxious weed tax on real property parcels located within the limits of Lewis County,
Washington, shall be, and the same hereby is, established and imposed in an amount
equal to eight dollars ($8.00) per parcel plus $0.00 per acre, levied on January 1st of each
calendar year. All funds received from the imposition of said noxious weed real property
tax shall be and are hereby dedicated for utilization for the management of noxious weeds
in Lewis County as designated by the Lewis County Noxious Weed Control Board,
pursuant to RCW 17.10.020. For purposes of this subsection, noxious weeds are those
as defined in RCW 17.10.010. RCW 17.10.240.
Property classified as forest land as defined in Chapter 84.33 RCW (Use Code 88 as
defined by the State Department of Revenue) and Chapter 84.34 RCW (Use Code 95 as
defined by the State Department of Revenue), which is used solely for the planting,
growing or harvesting of trees and which is typified, except for a single five-year period
following clear-cut logging, by canopies so dense as to prohibit the growth of an
understory, shall be assessed at the rate of eighty cents ($0.80) per parcel plus $0.00 per
acre.
3.55.060 - Administration, Distribution, and Delinquency.
There is hereby created in the treasury of Lewis County the noxious weed control fund in
which all taxes collected from the assessment herein levied shall be deposited, as well
as all other funds that the weed control board is authorized to receive. Interest earned
from investments of this fund shall remain with the fund. This fund shall only be used to
support the activities of the Lewis County Noxious Weed Control Board.
(1) The taxes created by this chapter shall be imposed, enforced, distributed, and
administered consistent with the rules and regulations imposed under Chapter 82.46
RCW as hereafter amended.
(2) The taxes imposed hereunder shall become due and payable by the parcel owner of
record as of the taxation date of January 1st of each calendar year. If taxes are not so
paid within the time frame as designated by the county treasurer, shall thereafter bear
interest at the applicable rate established by RCW 82.45.100, as hereafter amended, until
the date of payment. [Ord. 1157, 1998; Ord. 1135 § 6, 1993]
3.55.070 - Notice of Public Hearing.
Notice of public hearings held by the noxious weed board shall be provided to local media
through a news release. A notice of public hearing shall also be provided in the county's
official website (https://lewiscountywa.gov/weedcontrol) at least twenty days prior to the
public hearing, unless a waiver has been granted by a motion of the Lewis County
Noxious Weed Control Board or Lewis County Board of County Commissioners, as
applicable, subject to the following criteria:
Noxious Weed Containment Real Property Tax Ordinance
Page 3 of 4
A. Publishing the notice within the period of time otherwise required by law will
afford adequate notice to the public; and
B. The waiver is necessary to allow action to be taken in a timely manner.
C. Notification shall not be less than ten (10) days if a waiver is granted.
3.55.080 - Severability.
If any provision of this chapter or its application to any person or circumstance is held to
be invalid, the remainder of this chapter and the application of the provision to other
persons or circumstances shall not be affected.
Done in open session this 22nd day of October, 2018.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Pros. Attorney LEWIS COUNTY, WASHINGTON
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_LAI.111111011b• 0_,
B -oss . Petersen, - . Fund, Ch.
Deputy Pros. Attorney
ATTEST: Robert C. Jackson, Vice Chair
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Rieva Lester, Clerk of theoviv •.•• Gary Stam er, Commissioner
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Noxious Weed Containment Real Property Tax Ordinance
Page 4 of 4
RECEI VED
Board of County Commissioners
Lewis County Washington
OCT 1 8 2.Oi8
October 18, 2018
Lewis County Board of Commissioners
351 NW. North St
Chehalis, WA 98532
Dear Commissioners Fund, Jackson, and Stamper:
The State Noxious Weed Control Board would like to encourage the Lewis County
Commissioners to adopt the proposed creation of a Noxious Weed Assessment to fund the Lewis
County Noxious Weed Control Board.
The passage of your proposed assessment will allow the Lewis County Noxious Weed Program
to increase staffing and resources,providing a vital service to all county residents by protecting
both public and private land from the devastating impacts of noxious weeds. A well-staffed
program performs outreach and provides education material to citizens, answers questions about
noxious weed identification and control strategies, surveys more effectively and efficiently, and
strategizes upcoming control efforts. It is this dedication to noxious weed prevention and control
that makes county weed boards successful, which, in turn, helps support the local economy by
reducing crop and livestock loss due to noxious weeds.
Budgets are very tight for all of us, but it would be unfortunate if insufficient funding lessened
the steady progress that has been made to combat noxious weeds and protect the agriculture,
recreational attractions, and natural resources of Lewis County. Even one year of reduced effort
can lead to rapid proliferation of invasive, noxious weeds, costing several years' time and work
to redress. Conversely, the ability to educate and engage citizens about the importance - and
civic responsibility—of noxious weed control allows greater progress to be made in the
protection of precious natural resources and farmland.
Ensuring sufficient funding for the Lewis County Noxious Weed Control Board is a sound
investment for the future.
Respectfully submitted,
Tony Stadelman, Chairman
Washington State Noxious Weed Control Board
106721 Summary of
Proposed Ordinance
Lewis County
Summary of Proposed
Ordinance
Lewis County hereby gives
notice that a resolution to
AFFIDAVIT adopt a levying assess-
OF PUBLICATION meet parcel tax in 2018,for
collection in 2019, against
STATE OF WASHINGTON haececontrLol ofd noxious
COUNTY OF LEWIS weeds pursuant to RCW
17.10.240, shall be the
subject of a public hearing
Alysa Andrews,and/or Mandy Klemola,says that she is the legal before the Board of County
clerk of Commissioners at 10:00
a.m. on Monday, October
22, 2018, at the Historic
��Q r Courthouse at 351 N.W.
Ljrontttt North Street, Chehalis. It
may then be enacted im-
mediately at the conclusion
a semi-weekly newspaper,which has been established,published thereof. Ordinance 1295, if
in the English language,and circulated continuously as a semi- adopted, will set forth an
weekly newspaper in the City of Centralia,and in Lewis County, eight dollar($8.00)assess-
Washington,general circulation in Lewis County for more than ment, payable by owners
six(6)months prior to the date of the first publication of the of Lewis County parcels on
notice hereto attached,and that the said Chronicle was on the 7th 01 January of each calen-
day of July 1941,approved as a legal newspaper by the Superior dar year.
Court of said Lewis County.And that the attached is a true copy The full text of the pro-
and was published in regular issues(and not in supplement form) posed Resolution will be
mailed to any person,upon
of said newspaper as LEGAL# 106721 RE:Summary of request directed to the
Proposed Ordinance Clerk of the Board of
.�/J,,• County Commissioners,
once each�for a period of 1 tel.360-7401120.
J — b
Published b y
instruction of
commencing on 10/02/2018 and ending on 10/02/2018 the Lewis County Board of
County Commissioners,
and both regularly distribute• to its su•scriber.during all of said 351 N.W.North St,Cheha-
lis.
period.That the full a stint• the f•- char/;/for the foregoing Rleva Lester, Clerk of the
publication is the su • .f.$ .84 / Board
/
Published:The Chronicle
Subscr.••. . d • orn t/ref a 0/ ' 018 October 2,2018
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