N.D. Cent. Code § 4.1-47-28

4.1-47-28. Entry upon land for noxious weed control purposes - Notices - Landowner

rights - Remedial requirements - Liens.

1. a. If a county weed officer determines that any land other than that referenced in

subsection 2 contains noxious weeds, the county weed control officer may first

contact the occupant and request that the occupant control the noxious weeds

within a prescribed time period and in a prescribed manner. If the county weed

control officer determines that the occupant has failed to control the noxious

weeds, as requested, the county weed officer shall serve upon the landowner

written notice, either personally or by certified mail, requiring the landowner to

control the noxious weeds within the time period prescribed by the county weed

control officer.

b. The notice must:

(1) Specify the minimal remedial requirements;

(2) Specify the time within which the landowner must meet the minimum

remedial requirements;

(3) Specify that the landowner may be subject to penalties provided under this

chapter if the landowner fails to comply with the remedial requirements;

(4) Include a statement of costs if the landowner fails to control the noxious

weeds and the county weed officer must provide for control of the weeds;

and

(5) Provide that the landowner may stay any efforts by the county weed officer

to control noxious weeds on the land by requesting in writing that the county

weed board hold a hearing on the matter.

c. If the landowner does not meet the minimum remedial requirements within the

time specified in the notice and does not request a hearing on the matter by the

county weed board, the county weed control officer may cause the noxious

weeds to be controlled and the expenses charged against the land of the

landowner. These expenses are part of the taxes to be levied against the land for

the ensuing year and must be collected in the same manner as other real estate

taxes.

d. If after holding a hearing on the matter, the county weed board directs that the

noxious weeds be controlled by the county weed officer, the landowner may

appeal the decision to the board of county commissioners. A decision by the

board of county commissioners is final.

e. If the landowner does not appeal the decision to the board of county

commissioners, or if the board of county commissioners upholds the decision of

the county weed board, the county weed control officer may cause the noxious

weeds to be controlled and any expenses incurred by the county weed officer in

controlling the weeds must be charged against the land of the landowner. These

expenses are part of the taxes to be levied against the land for the ensuing year

and must be collected in the same manner as other real estate taxes.

2. a. If a city weed control officer determines that land within the officer's jurisdiction

contains noxious weeds, the officer may serve upon the landowner written notice

either personally or by certified mail, requiring the landowner to control the

noxious weeds within the time period prescribed by the city weed control officer.

b. The notice must:

(1) Specify the minimal remedial requirements;

(2) Specify the time within which the landowner must meet the minimum

remedial requirements;

(3) Specify that the landowner may be subject to penalties provided under this

chapter if the landowner fails to comply with the remedial requirement;

(4) Include a statement of costs if the landowner fails to control the noxious

weeds and the city weed officer must provide for control of the weeds; and
) Specify the time within which the landowner must meet the minimum

remedial requirements;

(3) Specify that the landowner may be subject to penalties provided under this

chapter if the landowner fails to comply with the remedial requirement;

(4) Include a statement of costs if the landowner fails to control the noxious

weeds and the city weed officer must provide for control of the weeds; and

(5) Provide that the landowner may stay any efforts by the city weed officer to

control noxious weeds on the land, by requesting in writing that the city

weed board hold a hearing on the matter.

c. The city weed officer shall deliver a copy of the notice personally or forward a

copy of the notice by certified mail to any tenant, lessee, or operator of the land

on which the noxious weeds are located.

d. If the landowner does not meet the minimum remedial requirements within the

time specified in the notice and does not request a hearing on the matter by the

city weed board, the city weed control officer may cause the noxious weeds to be

controlled and the expenses charged against the land of the landowner. These

expenses are part of the taxes to be levied against the land for the ensuing year

and must be collected in the same manner as other real estate taxes.

e. If after holding a hearing on the matter the city weed board directs that the

noxious weeds be controlled by the city weed officer, the landowner may appeal

the decision to the governing body of the city. A decision by the governing body is

final.

f. If the landowner does not appeal the decision to the governing body of the city, or

if the governing body of the city upholds the decision of the city weed board, the

city weed control officer may cause the noxious weeds to be controlled and any

expenses incurred by the city weed officer in controlling the weeds must be

charged against the land of the landowner. These expenses are part of the taxes

to be levied against the land for the ensuing year and must be collected in the

same manner as other real estate taxes.