(1) Authorized representatives of the State Department of Agriculture, county agents and weed control districts supervisors of each county shall detect, control and destroy or cause to be destroyed barberry (berberis spp.), and plants of the genera mahonia and mahoberberis including all species and varieties, that have not been determined as provided by ORS 570.196 (3) to be immune to, or resistant to the black stem rust fungus, puccinia graminis.
(2) Persons authorized by subsection (1) of this section shall forward a written notice to the owner, occupant or person in possession of the land on which such plant is located. Such notice shall contain:
(a) The name of the plant growing on such land and its approximate location.
(b) Concise description of the plant to be destroyed and the reasons such plants are declared to be a public nuisance.
(c) A statement that such plant must be destroyed within 20 days from the date of notice and only in a manner and as directed by the department by regulation.
(3) Each person owning or in possession of a plant ordered to be destroyed as provided by subsection (2) of this section, shall destroy such plant within the time and manner set out in such order.
(4) If the owner, person in possession or the occupant of land on which such plant is located fails or refuses to destroy the plant as provided by order under subsection (2) of this section, the department or the county may go upon such land and destroy the plant without indemnity to the owner thereof. [1961 c.394 §4]Section: Previous 570.170 570.175 570.180 570.185 570.190 570.195 570.196 570.200 570.305 570.310 570.320 570.325 570.330 570.335 570.345 Next
Last modified: August 7, 2008