(1) If upon any complaint or inspection, there is found any pest injurious to plants, or an imminent potential threat of any pests injurious to any plants, the director shall notify the owner or the person in charge or in possession of such places, fields, plants or other articles. The director shall issue a control order requiring such owner or person to control said injurious pests or to take such steps as may be necessary to remove the imminent potential threat of pests within a reasonable time to be specified. The control order shall be served in person or in writing, or it may be served in the same manner as a summons in a civil action, on the owner or person owning or in charge or in possession of such infested places, rights-of-way, fields or plants.
(2)  If the owner or person in charge of any property on which there are plants or other articles infested with any pest thereof, or any article known to be a host of a pest, after having been issued a control order to control such pests or articles, shall fail, neglect or refuse to do so, then all such property, plants and articles are declared to be a public nuisance and shall be proceeded against as such. When such nuisance shall exist on any property within the state, the department shall cause such nuisance to be controlled at once by disinfecting or destroying the infested articles or host material. The expense of such proceedings shall be paid for by the state pursuant to section 22-2019, Idaho Code, subject to the provisions of subsection (3) of this section.

Terms Used In Idaho Code 22-2010

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Control: means abatement, suppression, containment or eradication of a pest population. See Idaho Code 22-2005
  • Control order: means a written directive from the director requiring the control of a pest. See Idaho Code 22-2005
  • Department: means the Idaho state department of agriculture. See Idaho Code 22-2005
  • Director: means the director of the Idaho state department of agriculture or his duly authorized representative. See Idaho Code 22-2005
  • Host: means any appliance, article, commodity, nursery stock, plant, plant product or any other item which may or may not be capable of transporting a pest from one place to another. See Idaho Code 22-2005
  • Infested: means a plant that has been determined by the department to be contaminated by a plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist. See Idaho Code 22-2005
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Owner: means the person, with the legal right of possession, proprietorship of, or responsibility for the property or place where any of the regulated articles as defined in this chapter are to be found, or the person who is in possession of, in proprietorship of, or has responsibility for the regulated articles. See Idaho Code 22-2005
  • Person: means , but is not limited to, any individual, partnership, corporation, company, firm, society, association, organization, government agency or any other entity. See Idaho Code 22-2005
  • Pest: means any insect, snail, rodent, nematode, fungus, virus, bacterium, microorganism, mycoplasma-like organism, weed, plant, or parasitic higher plant and any other pest as defined by rule or any of the following that is known to cause damage or harm to agriculture or the environment:
Idaho Code 22-2005
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Public nuisance: means any premises, plant, appliance, conveyance or article which is infected or infested with any plant pest that may cause significant damage or harm, or premises where any plant pest is found. See Idaho Code 22-2005
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Summons: Another word for subpoena used by the criminal justice system.
    • (3)  All sums so paid for carrying out the provisions of this section shall be a legal charge against such property and if not paid within thirty (30)  days from the time when demand therefor is first made upon the owner of such property by the department controlling such nuisance, shall be certified by the said department to the tax collector of the county wherein the property is situated and thereafter shall constitute a lien upon such property and such sum shall be added by said tax collector to the general taxes assessed against said property which becomes due the next year thereafter and shall be collected by him in the same manner and with the same penalties as such other taxes. Nothing contained in this section shall be construed to require satisfaction of the obligation imposed hereby in whole or in part from the sale of property or to bar the application of any other or additional remedy otherwise available. Amounts collected under this subsection shall be paid into the state treasury and credited to the general fund.