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HomeMy WebLinkAbout07-10-18 Public Comment - B. Maxwell - Noxious Weeds in Gallagator Langohr ParkFrom:Blake Maxwell To:Mitchell Overton; Agenda Subject:Fwd: Noxious weeds overrunning the Gallagator/Langohr Park Date:Tuesday, July 10, 2018 2:52:47 PM Dear Mr. Overton and the Bozeman City Commission, I'm writing to you today about the proliferation of noxious weeds in Bozeman's city parks and along city trails, with particular note to the Gallagator Trail where it passes through LangohrPark. In my opinion, what recently may have been an easily managed situation has become an infestation. I'm also concerned that the City's role has been unlawful. Via several such letters over the past year, I have raised concerns with City staff, includingMr. Overton, about cars, boats, and horse trailers whose owners used as short-term parking the trail/park access adjacent to Grant Street's termination. I specifically voiced my concernsabout noxious weeds gaining a foothold around those vehicles parked in the long grasses alongside the trail. To date, I have heard nothing back either from Mr. Overton or from anyrepresentative of the Parks Department. I took the photos linked below today. In Image 3557, almost all of those white blooms along the trail's east side are hoary alyssum, a noxious weed of Priority 2B, according to the state'sMontana Field Guide website. Image 3558 shows one patch (of many) with several Canada Thistle plants, also a Priority 2B noxious weed. Image 3559 shows cheat grass, which isPriority 3. Like several other noxious weeds that are present in Langohr Park, the cheat grass's distribution is only just beginning. But one could have said the same thing last yearabout the Canada thistle. All of the images included were taken within 50 yards of the Grant Street trailhead. I have heard that some Bozeman constituents are against the use of weedkiller on City parks and trails. However, this doesn't alter the City's legal responsibility (nor their responsibility tobe good neighbors). Underneath my signature on this email, I have included select text from the Montana Code Annotated, as it pertains to local government and weed control statutes - https://leg.mt.gov/bills/mca_ toc/7_22_21.htm . Please note that local government agencies can perform unlawfully or otherwise be in state violation with regard to ignoring the proliferation of noxious weeds. Also, several local providers have lately been advertising "organic" weedkillers, and while I can't attest to their nature, I have seen that they work on these weeds. Nor does it appear thatthe City has made any effort to address the problem with manpower. It should be clear at this point that the weedkiller complaints are not and were never a sufficient cause for inaction. Ultimately, a small problem was apparently ignored and it became a big, legal problem. Asthe landowners, you've probably got about one week before the alyssum and thistle goes to seed. I strongly urge the City Parks Department to take prompt action or risk not only the lossof healthy habitat in town but also a formal complaint filed with the State of Montana. Thank you, Blake Maxwell516 W. Lamme Street Bozeman Select statutes as follows. 7-22-2101. Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply: (1) "Board" means a district weed board created under 7-22-2103. (2) "Commissioners" means the board of county commissioners. (3) "Coordinator" means the person employed by the county to conduct the district noxious weed management program and supervise other district employees. (4) "Department" means the department of agriculture provided for in 2-15-3001. (5) "District" means a weed management district organized under 7-22-2102. (6) "Native plant" means a plant indigenous to the state of Montana. (7) "Native plant community" means an assemblage of native plants occurring in a natural habitat. (8) (a) "Noxious weeds" or "weeds" means any exotic plant species established or that may be introduced in the state that may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses or that may harm native plant communities and that is designated: (i) as a statewide noxious weed by rule of the department; or (ii) as a district noxious weed by a board, following public notice of intent and a public hearing. (b) A weed designated by rule of the department as a statewide noxious weed must be considered noxious in every district of the state. (9) "Person" means an individual, partnership, corporation, association, or state or local government agency or subdivision owning, occupying, or controlling any land, easement, or right-of-way, including any county, state, or federally owned and controlled highway, drainage or irrigation ditch, spoil bank, barrow pit, or right-of-way for a canal or lateral. (10) "Weed management" or "control" means the planning and implementation of a coordinated program for the containment, suppression, and, where possible, eradication of noxious weeds. 7-22-2116. Unlawful to permit noxious weeds to propagate -- notice required in sale. (1) It is unlawful for any person to permit any noxious weed to propagate or go to seed on the person's land, except that any person who adheres to the noxious weed management program of the person's weed management district or who has entered into and is in compliance with a noxious weed management agreement is considered to be in compliance with this section. (2) When property is offered for sale, the person who owns the property shall notify the owner's agent and the purchaser of: (a) the existence of noxious weed infestations on the property offered for sale; and (b) the existence of a noxious weed management program or a noxious weed management agreement as provided in subsection (1). 7-22-2117. Violations. (1) Any person who interferes with the board or its authorized agent in carrying out the provisions of this part or who refuses to obey an order or notice of the board is liable for a civil penalty in the amount of the actual cost to the board or the estimated cost of removing the noxious weeds from the impacted property in addition to any penalty imposed under 7-22-2134. (2) All fines, bonds, and penalties collected under the provisions of this part must be paid to the county treasurer of each county and placed by the county treasurer into a fund to be known as the noxious weed fund. 7-22-2131. Noncompliance with weed control requirements -- general notice. (1) (a) If a complaint is made against a landowner or if the board has reason to believe that noxious weeds are present on a landowner's property, the board shall notify the landowner by certified mail of the complaint and shall request permission for the board's agent to enter the property to conduct an inspection. (b) If the landowner has an agent for service on file with the secretary of state, the notice must be given by certified mail to the registered agent. (c) The landowner or the landowner's representative shall respond within 10 days of receipt of the notice. (2) (a) If the board's agent and the landowner or landowner's representative agree to an inspection, the agent and the landowner or representative shall inspect the land at an agreed-upon time. (b) The board or the board's agent may seek a court order to enter and inspect the land to determine if noxious weeds are present on the property if: (i) within 10 days of sending the certified letter to the address on the tax records or to the agent for service, the board is unable to determine the owner of the property; or (ii) the letter cannot be delivered because the landowner or the landowner's representative refuses to sign the receipt or does not reside on the property. (3) If the board finds noxious weeds on the property during the inspection, the board shall: (a) seek the landowner's or representative's voluntary compliance with the district weed management program in accordance with 7-22-2132; or (b) if voluntary compliance is not obtained, notify the landowner or the landowner's representative by certified mail that noxious weeds were found on the property. (4) The notice must contain the language specified in this section. (5) If the board believes it is advisable, the board may post a dated order in a conspicuous place on the property providing notice that noxious weeds have been found on the property and informing the landowner or landowner's representative of the options for complying with the weed management program pursuant to 7-22-2132 and the actions that may be taken under 7- 22-2134 if the landowner fails to comply with the weed management program. (6) All correspondence with a landowner or the landowner's representative concerning notifications of weed infestations, including requests made pursuant to subsection (1) to inspect property and notifications of noncompliance, must be made on the uniform notification material provided by the department and must: (a) list the noxious weeds found on the property; (b) provide the legal description of the property; (c) provide the address of the property, if available; (d) state the fact that the presence of the weeds violates state law and that the landowner has 10 days after receiving the notice to contact the board or its agent; (e) provide the address and phone number for the board; (f) notify the landowner of the landowner's: (i) responsibility to submit a weed management proposal; and (ii) right to request a hearing to contest the finding of noncompliance, including the timeframe for making the request; and (g) specify the actions the board may take if the landowner fails to remove the weeds, including but not limited to the anticipated costs of destroying the weeds and the 25% penalty allowed under 7-22-2134.