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Ordinance 1313 administration of the County Noxious Weed Assessment BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: ORDINANCE NO 1313 PUBLIC HEARING ON ORDINANCE 1313, MAKING TECHNICAL AMENDMENTS TO CH 3 55 LCC RELATING TO THE ADMINISTRATION OF THE COUNTY NOXIOUS WEED ASSESSMENT NOW THEREFORE BE IT ORDAINED That the attached full, written, formal version of Ordinance 1313 be enacted DONE IN OPEN SESSION this 16th 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 ATTEST' •.• � . "co--- DOF-�•s,•e• o Pg s• Gar Y Stamper er ' .,Gary Stamper, Vice Chair .a� .� tip.• .a 1gc45 : Rieva Lester Edna J Fund Rieva Lester, Edna J Fund, Commissioner Clerk of the Lewis County Board of County Commissioners 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 ) 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 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 950020 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 weeds arc thocc a� defined in RCW 17.10.010. RCW 17.10.2'10 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 There is hereby crcatcd in the treasury of Lewis County the noxious weed control fund in which 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 / 14tiesd after notice was published in the CA.pon ti on Dec 3 ao/ APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Pros Attorney COUNTY, WASHIN -ON fri / By -T isenberg, 'oba C Jack o , Chair Chief Civil Deputy Pros Attorney ATTEST Gary Stamp , Vice hair A To Rieva Lester, Clerk of the Board E.na J Fund, • missioner o v4'/OAR6 o 14,p° 0 ® I SINCE i a � „ \ 1845 , z® 0 0611bNS 1stC 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 [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 g Y P pp 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 3.55.050 Noxious weed containment real property tax. Pursuant to RCW 17 10.240, 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 $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 Real property 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 All taxes collected from the assessment herein levied shall be deposited, 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 Clean Copy if Ordinance 1313 passes Page 2 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 BOCC AGENDA ITEM SUMMARY v d BOCC Meeting Date: Dec 16, 2019 Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance Public Hearing on Ordinance 1313, Making Technical Amendments to Ch 3 55 LCC Relating to the Administration of the County Noxious Weed Assessment Contact: Eric Eisenberg Phone: 360-740-1241 Department: WEED - Weed Control Description: This is the public hearing on Ordinance 1313, which would amend Ch 3 55 LCC relating to the administration of the county noxious weed assessment. The proposed ordinance makes technical changes to show how the tax is and has been imposed, such as to correct a typo in a cross- reference and clarify the real property parcels to which it applies The proposed ordinance does not at all change the amount of assessment imposed Approvals: Publication Requirements: Publications: User Status Published Tuesday Dec 3, 2019 in the Chronicle PA's Office Approved Additional Copies Bill Wamsley Dianne Dorey Shelly Stewart