Legislation
SECTION 1321
Noxious weeds and growths; notice to abate; enforcement
Public Health (PBH) CHAPTER 45, ARTICLE 13, TITLE 2
§ 1321. Noxious weeds and growths; notice to abate; enforcement. 1.
In addition to the mode of service of any notice or order of any local
board of health authorized by any other section of this chapter, and
during the period or season when a particular and imminent danger to
public health arising out of the pollination of weeds, plants or growths
is determined to exist, any such local board of health may order the
destruction of such weeds, plants or growths and the disposition thereof
by posting a copy of such order conspicuously on the property where such
noxious weeds, plants, or growths are found, requiring the destruction
or other disposition thereof as shall be directed by such order. The
posting of such order shall be sufficient notice of such order to the
owner, lessee, occupant of, or principal person or persons interested in
such property, of the nuisance created by such weeds, plants or growths.
2. If any such order is not complied with, or so far complied with as
the local board of health shall regard as reasonable, within five days
after service, or within a shorter time, which, in case of particular
and imminent danger to the public health the local board of health may
designate, such local board of health or other agency of the
municipality or county may enter upon any such property and remove and
destroy any weeds, plants and growths noxious or detrimental to the
public health.
3. The provisions of sections thirteen hundred six and thirteen
hundred seven of this chapter shall apply respecting the expense of such
removal, destruction or abatement, except where a different method of
collecting such expense is otherwise provided by law for and in respect
to any health district, then and in that event the provisions of such
law in connection therewith shall apply in the case of such health
district.
4. The provisions of this section and of section thirteen hundred
twenty of this chapter shall not operate to deprive the local
legislative body of any municipality or county of the power to enact
local laws in relation to any matter in respect to which such power
would otherwise exist, nor shall it limit such power. If this power
otherwise exists, any provision of this section and of section thirteen
hundred twenty of this chapter may be superseded, supplemented or
amended by local law in the same manner and to the same extent as such
provisions could be superseded, supplemented or amended had this section
and section thirteen hundred twenty of this chapter not been enacted.
In addition to the mode of service of any notice or order of any local
board of health authorized by any other section of this chapter, and
during the period or season when a particular and imminent danger to
public health arising out of the pollination of weeds, plants or growths
is determined to exist, any such local board of health may order the
destruction of such weeds, plants or growths and the disposition thereof
by posting a copy of such order conspicuously on the property where such
noxious weeds, plants, or growths are found, requiring the destruction
or other disposition thereof as shall be directed by such order. The
posting of such order shall be sufficient notice of such order to the
owner, lessee, occupant of, or principal person or persons interested in
such property, of the nuisance created by such weeds, plants or growths.
2. If any such order is not complied with, or so far complied with as
the local board of health shall regard as reasonable, within five days
after service, or within a shorter time, which, in case of particular
and imminent danger to the public health the local board of health may
designate, such local board of health or other agency of the
municipality or county may enter upon any such property and remove and
destroy any weeds, plants and growths noxious or detrimental to the
public health.
3. The provisions of sections thirteen hundred six and thirteen
hundred seven of this chapter shall apply respecting the expense of such
removal, destruction or abatement, except where a different method of
collecting such expense is otherwise provided by law for and in respect
to any health district, then and in that event the provisions of such
law in connection therewith shall apply in the case of such health
district.
4. The provisions of this section and of section thirteen hundred
twenty of this chapter shall not operate to deprive the local
legislative body of any municipality or county of the power to enact
local laws in relation to any matter in respect to which such power
would otherwise exist, nor shall it limit such power. If this power
otherwise exists, any provision of this section and of section thirteen
hundred twenty of this chapter may be superseded, supplemented or
amended by local law in the same manner and to the same extent as such
provisions could be superseded, supplemented or amended had this section
and section thirteen hundred twenty of this chapter not been enacted.