Section 1321. Noxious weeds and growths; notice to abate; enforcement


Latest version.
  • 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.