Idaho State Statutes - Idaho Attorney Directory

CONTROL ORDERS -- CONTROL OF NUISANCES -- LIENS AND COST
RECOVERY. (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.
(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.

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