NOH for proposed Ord 1313, make technical amendments to Ch. 3.55 of the LCC BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
ii
IN THE MATTER OF: RESOLUTION NO. 19-348
NOTICE OF A PUBLIC HEARING ON PROPOSED
ORDINANCE 1313, MAKING TECHNICAL
AMENDMENTS TO CH. 3.55 OF THE LEWIS COUNTY
CODE RELATING TO THE ADMINISTRATION OF THE
COUNTY NOXIOUS WEED ASSESSMENT
WHEREAS, notice is hereby given that a public hearing will be held by the Lewis
County Board of County Commissioners (BOCC) in the hearing room at 351 NW North
Street, Chehalis, Washington on Dec 16, 2019 at or after 10:00 AM; and
WHEREAS, public notice of said hearing is required by law; and
WHEREAS, on said date, the BOCC will take public testimony or written comment on
the proposed adoption of Ordinance 1313, making technical amendments to Ch. 3.55 of
the Lewis County Code relating to the administration of the county noxious weed
assessment; and
WHEREAS, the technical amendments are meant to clarify how the assessment is and
has been imposed, and do not change the amount assessed at all.
NOW THEREFORE BE IT RESOLVED that a hearing is hereby scheduled for Dec. 16,
2019 at or after 10.00 AM to take public testimony or written comment concerning the
proposed Ordinance; and
NOW THEREFORE BE IT FURTHER RESOLVED that the Clerk of the Board is hereby
instructed to proceed with all appropriate and necessary notifications and publication
as required by law
DONE IN OPEN SESSION this 2nd day of December, 2019.
APPROVED AS TO FORM. BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Robert C. Jackson
By. Eric Eisenberg, Robert C. Jackson, Chair
Chief Civil Deputy Prosecuting Attorney
.•��•--• qs•.
ATTEST. • �` w Gary Stamper
��S.O PgD OP'.6�1.•
';Q,Gary Stamper, Vice Chair
•4,
l%45
cO• ��`h,coM ',�`�� Edna J J . Fund
Rieva Lester '•:s,;
Rieva Lester, Edna J Fund, Commissioner
Clerk of the Lewis County Board of County
Commissioners
II
11 NOTICE OF PUBLIC HEARING
Before the
LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Lewis County Board of
Commissioners (BOCC) in the Historical Courthouse, 351 NW North Street, Chehalis, Washington,
on December 16, 2019. The hearing will be held at or after 10.00 AM to consider the adoption of
Ordinance 1313, making technical amendments to Ch 3 55 of the Lewis County Code relating to
the administration of the county noxious weed assessment
All those wishing to speak for or against the proposed Ordinance shall be afforded the opportunity
to be heard The technical amendments are meant to clarify how the county noxious weed
assessment is and has been imposed, and do not change the amount assessed at all
The proposal may be viewed on the BOCC's website and can be obtained in writing from the
Lewis County Prosecuting Attorney's Office or Clerk of the Board prior to the hearing in person or
by phone at 360-740-1240 or 360-740-1120 Written comments may be submitted to the BOCC
prior to or during said hearing.
This meeting site is barrier free People needing special assistance or accommodations should contact the
Clerk of the Board 72 hours in advance of the meeting Phone (360) 740-1419
Publish on Tuesday, Dec 3, 2019 in the Chronicle
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE MAKING TECHNICAL ) ORDINANCE NO. 1313
AMENDMENTS TO CH. 3.55 OF THE LEWIS )
COUNTY CODE, RELATING TO THE )
ADMINISTRATION OF THE COUNTY AFT
NOXIOUS WEED ASSESSMENT ) 4% •
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 a resolution dated April 6,
1970, activated the Lewis County Noxious Weed Board; and
WHEREAS, under RCW 17 10 240 the County legislative authority may levy a special
assessment in order to fund the County's noxious weed control program, and
WHEREAS, the County passed Ordinances 1295 and 1295A imposing such a special
assessment, which were codified at Ch 3 55 of the Lewis County Code, and
WHEREAS, the assessment was intended to apply to land and improved land, not
personal property or other miscellaneous types of tax parcels not involving land;
WHEREAS, ongoing litigation exists concerning whether the benefit conferred by noxious
weed control programs is a "special benefit" permitting imposition of the special
assessment on government-owned land or is a "tax" that may not be so levied; and
WHEREAS, the text of the code could benefit from some clarifying amendments that do
not at all change the amount of assessment imposed, and
NOW THEREFORE, BE IT RESOLVED by the Lewis County Board of County
Commissioners as follows.
Section 1 Ch 3 55 of the Lewis County Code is hereby amended as
follows (additions are underlined, deletions are struck through)
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 incorporated and 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 17.10.850020 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.
"Tax" as used in this ordinance means a special assessment levied under RCW 17.10 240,
regardless of whether such levy is deemed to be a tax or special assessment under applicable
state or federal law
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
3.55.050 Noxious weed containment real property tax
Pursuant to RCW 17 10 240, aA 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 $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 and RCW 17 10.060. For purposes of this section, noxious wccds arc those as
defined in RCW 17 10 010 RCW 17 10 210
Real Pproperty parcels 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$0 80 per parcel plus $0 00 per acre
This tax shall apply only to land and improved land parcels Tax parcels that pertain solely to
personal property (such as mobile homes on land lease or owned by others, farm equipment, or
commercial equipment)or real property other than land (such as buildings-only or mineral-rights
parcels) are not subject to the tax
This tax shall not apply to parcels exempt from real property taxation by virtue of being owned
by federal, state, tribal, or quasi-municipal governments
3.55.060 Administration, distribution and delinquency.
aAll taxes collected from the assessment herein levied shall be deposited, as well as along with
all other funds that the weed control board is authorized to receive, into noxious weed control
fund No. 1120. 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 84 56 RCW now or 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, they shall thereafter bear interest at the
applicable rate established by RCW 84.56.020, now or as hereafter amended, until the date of
payment
3.55.070 Notice of public hearing.
Notice of public hearings held by the noxious weed control 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 20 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-
(1) Publishing the notice within the period of time otherwise required by law will afford adequate
notice to the public, and
(2) The waiver is necessary to allow action to be taken in a timely manner, and
(3) Notification shall not be less than 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
Section 2 This Ordinance Is in the public interest and shall take effect
Immediately upon passage.
Done in open session this _ after notice was published in the
on
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Pros Attorney LEWIS COUNTY, WASHINGTON
#.
By Eric Eisenberg, Robert C. Jackson,p0t-
Chief Civil Deputy Pros Attorney .104. A-41/
ATTEST. Gary Stamper, Vice Chair
Rieva Lester, Clerk of the Board Edna J Fund, Commissioner
[This is a clean copy of what Ch 3 55 LCC will look like if
the proposed technical amendments are passed.]
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 incorporated and 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 17.10.020 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
"Tax" as used in this ordinance means a special assessment levied under RCW 17 10 240,
regardless of whether such levy is deemed to be a tax or special assessment under applicable
state or federal law
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
Clean Copy if Ordinance 1313 passes Page 1 of 3
(1) Publishing the notice within the period of time otherwise required by law will afford adequate
notice to the public, and
(2) The waiver is necessary to allow action to be taken in a timely manner; and
(3) Notification shall not be less than 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.
Clean Copy if Ordinance 1313 passes Page 3 of 3
1 BOCC AGENDA ITEM SUMMARY
Resolution: 19-348 BOCC Meeting Date: Dec. 2, 2019
Suggested Wording for Agenda Item: Agenda Type: Legal Notice
Notice of a Public Hearing on Proposed Ordinance 1313, Making Technical Amendments to Ch. 3.55
of the Lewis County Code Relating to the Administration of the County Noxious Weed Assessment
Contact: Eric Eisenberg Phone: 360-740-1241
Department: WEED - Weed Control
Description:
This is notice to set a public hearing on proposed Ordinance 1313, which will making technical
revisions to Ch 3.55 of the Lewis County Code. The hearing will be Dec. 16, 2019 at or after 10 00
AM. The proposed ordinance will clarify the way the assessment is imposed to reflect how it has
been done It does not make any changes to the amount of the assessment.
Approvals: Publication Requirements:
Publications:
User Status The Chronicle, Tuesday, Dec 3, 2019
PA's Office Approved
Additional Copies
Bill Wamsley
Dianne Dorey
Shelly Stewart