HomeMy WebLinkAbout07 1109 15STATE OF WASHINGTON
County of Jefferson
07-1109-15
An Ordinance Establishing an } Ordinance No.
Assessment for Funding the }
Jefferson County Noxious }
Weed Control Board Program }
WHEREAS, the Jefferson County Noxious Weed Board (or "Noxious Weed Board") serves an
important purpose in maintaining and promoting the general health, safety and welfare of the
citizens of Jefferson County; and
WHEREAS, the Noxious Weed Board would be able to better perform the important public
service that it provides to the citizens of this county if it was the recipient of a dedicated income
stream each and every year in addition to any funds it receives from the County's general fund;
and
WHEREAS, state law codified at RCW 17.10.240(1)(a) authorizes the county legislative
authority, i.e., the Jefferson County Board of County Commissioners, to levy an assessment
against certain lands within the County;
NOW, THEREFORE, be it ordained by the Board of Jefferson County Commissioners that the
assessment levied for coordinating Noxious Weed Control be and hereby is established in
conformance with the following:
Chapter:
Assessment levied for Coordinating Noxious Weed Control
Sections:
Section 1
Purpose and Findings
Section 2
Land classification
Section 3
Rate
Section 4
Lien against property
Section 5
Special fund
Section 6
Severability
Section 7
Effective date
Section 1: Purpose and Findings
The Noxious Weed Control Board is organized under RCW 17.10 to coordinate the management
of noxious weeds in order to prevent, control, or mitigate the spread of these species to protect
human health, livestock, wildlife, native habitat, and ecosystem functioning in ecological as well
as economical terms. "Noxious weeds" are those plants which are highly destructive,
competitive, and/or difficult to control by cultural, chemical, mechanical, biological, or other
Ordinance No. Establishing an Assessment for Funding the Noxious Weed Board Page: 2
management techniques, and which are regulated by the State of Washington under Ch. 17.10
RCW and listed under Ch. 16-750 WAC.
The Noxious Weed Board finds the need for noxious weed control exists within Jefferson
County and the Jefferson County Board of County Commissioners accept that finding and
incorporate same herein.
RCW 17.10.240 authorizes the Jefferson County Board of Commissioners to levy an assessment
against all benefiting land for noxious weed control purposes.
The Jefferson County Board of Commissioners finds that the public interest will be served by the
imposition of the special assessments made under this legislation, and that the special
assessments to be imposed on any land will not exceed the special benefit that the land receives
or will receive from the activities of the Jefferson County Noxious Weed Control Board.
Section 2: Land classification
The Jefferson County Noxious Weed Control Board has classified land in Jefferson County
pursuant to the requirements outlined in RCW 17.10.240. The classifications of land subject to
assessment are defined as forest and non -forest as provided in Attachment A which by this
reference is incorporated herein.
Section 3: Rate
An assessment for the Jefferson County Noxious Weed Control Program of $4.00 per parcel and
$0.30 per acre on all property not classified as forest land shall be imposed annually. Under
RCW 17.10.240 forest lands may be subject to an annual noxious weed assessment that does not
exceed one-tenth of the weighted average of the per acre and per parcel rate levied on other lands
that are subject to the weed assessment. Property classified as forest land, as defined in RCW
84.33.035, which is used solely for the planting, growing or harvesting of trees and which is
typified, except for a single five year period following clear-cut logging, by canopies so dense as
to prohibit the growth of an understory shall be assessed at the rate of $0.40 per parcel and $0.03
per acre.
Section 4: Lien against property
The amount of such assessment shall constitute a lien against any property for which the
assessment has not been paid by the date it is due, as provide in RCW 17.10.240. A notice of lien
shall be sent to each owner of such property.
All liens created shall be collected by the Jefferson County Assessor -Treasurer in the same
manner as delinquent real property tax pursuant to RCW 17.10.2450 (1), if within 30 days from
the date of when the owner is sent notice of the lien, including the amount thereof, the lien
remains unpaid and an appeal has not been made pursuant to RCW 17.10.180.
Ordinance No. Establishing an Assessment for Funding the Noxious Weed Board Page: 3
All liens created shall bear interest at the rate of 12% per annum and such interest shall accrue as
of the date notice of the lien is sent to the property owner.
The county shall have a lien for delinquent special assessments, including interest thereon,
against any property subject to special assessments; the lien shall be superior to all other liens
and encumbrances except general taxes and local and special assessments. Such liens shall be
effective and shall be enforced and foreclosed in the manner provided by RC W 17.10.240
Section 5: Special fund
There is hereby created in the treasury of Jefferson County, the Noxious Weed Control Fund in
which all funds collected from the assessment herein levied shall be deposited and which shall
only be used to support the activities of the Noxious Weed Control Board.
Section 6: Severability
If any section of this Ordinance is found or adjudicated to be invalid, then all other sections of
this Ordinance shall remain in full force and effect.
Section 7: Effective date
This assessment herein levied shall take effect as of December 1, 2015.
Approved Il}is day of NdyPin-✓er 2015.
JEFFERSON COUNTY
BOARD OM ISS
e` ? Dad 11livan, Chairman
Phil Joh4&er
ATTEST:
C`?4E��
Carolyn ' very,
Deputy Clerk of the Board
Approved as to fo onl
�4ti-L�. y:
aI )0
David Alvarez, Deputy Pr securing Attorney
'FXe6l,1%1,A)Se''ICe-
Kathleen Kler, Member
Ordinance No. Establishing an Assessment for Funding the Noxious Weed Board Page: 4
ATTACHMENT A
Land Classification
Non -Forestry
All real property parcels in Jefferson County that have an upland component or distributed land
share and are not classified in another category listed here. Includes but is not limited to
condominiums (timeshares and non -timeshares), State Parks, County parks, conservation lands,
schools, libraries, fire district facilities, churches, agricultural lands, ports and other real property
parcels not -classified elsewhere.
Forestry
Real property parcels in Jefferson County that are in the designated timber program (RCW
84.33), open space timber program (RCW 84.34) and public lands managed for timber as
identified by the Jefferson County land use codes 9710 (County owned timberlands), 9720 (State
DNR managed timberlands) and 9725 (State Forest Board timberlands).
Public Roads (State, County, Citv)
State, County, and City roads will each be assessed per jurisdictional entity with an aggregate
assessment under the jurisdiction of the fee assessment payer. Public roads are assessed as one
parcel per mile of roadway plus the functional right-of-way, set at a width of 60ft, of each
segment used as acreage. The Non -Forestry rates will be applied.
Lands not subiect to the Noxious Weed Assessments
• Federal and Tribal Trust lands.
• Mineral rights.
• Standalone tideland parcels and/or tideland acreage.
• Standalone water parcels and/or water acreage.
• Common areas and open space as separate parcels where the land is assessed through
other parcels (acreage may be distributed to the other parcels for calculating the NWA
fees).
• Private roads as separate parcels where the land is assessed through other parcels
(acreage may be distributed to the other parcels for calculating the NWA fees).
• Taxable parcels where the fair market value is identified as $500 or less.
• Improvements Only parcels (no direct land component)
• Parcels determined by the county assessor to qualify for a senior citizen or disabled
persons property tax exemption under RCW 84.36.3 81 on January 1 st of the tax year.
• If a portion of a real property parcel does not satisfy any exemption criteria specified in
this section, then the parcel shall be subject to said fee.
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Joost Besijn, Coordinator Jefferson County Noxious Weed Control Board
DATE: November 9, 2015
SUBJECT: PUBLIC HEARING AND POSSIBLE APPROVAL: Proposed Ordinance: Jefferson
County Noxious Weed Control Board Fee Assessment.
STATEMENT OF ISSUE:
The Board of County Commissioners will hold a public hearing on Monday, November 9, 2015
at 10:00 a.m. for the purpose of taking written and oral testimony regarding a Fee Assessment
Ordinance to fund the noxious weed control program of the Jefferson County Noxious Weed
Control Board. The BoCC will deliberate on the record and consider whether or not to adopt
the ordinance, with or without amendment by the BoCC .
ANALYSIS:
The Jefferson County Noxious Weed Control Board is organized under RCW 17.10 to coordinate
the management of noxious weeds in order to prevent, control, or mitigate the spread of these
species to protect human health, livestock, wildlife, native habitat, and ecosystem functioning
in ecological as well as economical terms.
The Board of County Commissioners has previously found the need for noxious weed control
exists within Jefferson County, along with a need for a sustainable means to fund those control
activities. RCW 17.10.240 authorizes the Jefferson County Board of Commissioners, in lieu of a
tax, to levy an assessment against all benefiting land for noxious weed control purposes.
Pursuant to RCW 17.10.240, the Jefferson County Noxious Weed Control Board held a public
hearing on 09-17-2015, to gather information on a suitable classification of lands. The
proposed Weed Assessment Ordinance reflects those classifications and the Weed Board's
proposed level of assessment for each class. If enacted in 2015 by the County Commissioners,
the weed assessment would be collected starting in 2016 to fund noxious weed control
activities to benefit landowners in Jefferson County.
Regular Agenda
The County Commissioners approved a hearing notice on the proposed Ordinance at its
October 26, 2015 meeting, and the public hearing was advertised in The Leader on October 28,
2015, as well as on the County's web page.
A public hearing by the County Commissioners will be held for the purpose of taking
written/oral testimony regarding the proposed Fee Assessment Ordinance to fund the Jefferson
County Noxious Weed Control Board. Therefore a public hearing notice needs to be published
pursuant to RCW 17.10.
FISCAL IMPACT:
The Jefferson County Noxious Weed Control Board proposes to generate $150,668 annually by
assessing each parcel at a rate of $4,00 plus $0.30 per acre. This rate will not be influenced by
inflation rates. Under RCW 17.10.240 forest lands would be assessed at a rate that does not
exceed one-tenth of the weighted average resulting in a rate of $0.40 per parcel and $0.03 per
acre. Public roads are assessed as one parcel per mile of roadway plus the functional right-of-
way, set at a width of 60ft, of each segment used as acreage. The Non -Forestry rates will be
applied.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners conduct the public hearing,
deliberate on the testimony, and adopt the proposed Ordinance, with or without amendments.
Z
ED BY:JWCountyAdminis for Date
cc �� (r-
-H
From:
mkippen@olympus.net
Sent:
Saturday, November 07, 2015 4:04 PM
To:
jeffbocc
Subject:
noxious weed tax
I am opposed to the noxious weed fee as proposed. I think it is a gross waste of time and money
(including mine) to "educate" homeowners about noxious weeds. What we need is help in eradicating
them.
If you look at the county population you see a lot of senior citizens. We have arthritis, degenerating d
in our backs, joints that need replacing, among other problems that would limit our ability to wield an
extractigator to pull up a lot of Scotch broom.
In addition, if we all cleared our property, there is still an abundance of the stuff growing on public lanc
of one sort or another. If you drive up Mt. Jupiter Rd in the spring when Scotch broom is blooming, yon
get to a point where you can see nothing but yellow all up and down the power lines right of way.
Strangely enough, if you drive out to Palo Alto Rd just east of Sequim where there is also a large power
line, you do not see a scrap of yellow. What is Clallam County doing that Jefferson County is not? I am
quite sure the Scotch broom doesn't care what county it is inhabiting.
I would happily pay your proposed fee if you were planning to actually use the money to exterminate
noxious weeds. I object to funding 3 jobs to run around with plant samples and pictures.
Mary Kippenhan
360-379-9407
PO Box 537
Quilcene WA 98376
From: Noxious Weeds
Sent: Monday, November 09, 2015 9:36 AM
To: jeffbocc; mkippen@olympus.net
Subject: Re: noxious weed tax
Dear Ms. Kippenhan
Thank you for your input concerning the Noxious Weed Fee Assessment. I understand your point of view an
agree that the Weed Board should assist in weed control as well as outreach education. That is why we have
budgeted for increased our weed control for in the coming years
Sent from my iPhone
On Nov 9, 2015, at 8:53 AM, jeffbocc <ieffboccr2co.jefferson.wa.us> wrote:
From: mkippen@olympus.net [mailto:mkippen@olvmpus. net]
Sent: Saturday, November 07, 2015 4:04 PM
To: jeffbocc <jeffbocc@co.iefferson.wa.us>
Subject: noxious weed tax
I am opposed to the noxious weed fee as proposed. I think it is a gross waste of time and
money (including mine) to "educate" homeowners about noxious weeds. What we need is
help in eradicating them.
If you look at the county population you see a lot of senior citizens. We have arthritis,
degenerating discs in our backs, joints that need replacing, among other problems that
would limit our ability to wield an extractigator to pull up a lot of Scotch broom.
In addition, if we all cleared our property, there is still an abundance of the stuff growing on
public lands of one sort or another. If you drive up Mt. Jupiter Rd in the spring when Scotch
broom is blooming, you get to a point where you can see nothing but yellow all up and
down the power lines right of way. Strangely enough, if you drive out to Palo Alto Rd just
east of Sequim where there is also a large power line, you do not see a scrap of yellow.
What is Clallam County doing that Jefferson County is not? I am quite sure the Scotch
broom doesn't care what county it is inhabiting.
I would happily pay your proposed fee if you were planning to actually use the money to
exterminate noxious weeds. I object to funding 3 jobs to run around with plant samples and
pictures.
Mary Kippenhan
360-379-9407
PO Box 537
Quilcene WA 98376
From: Noxious Weeds
Sent: Monday, November 09, 2015 9:40 AM
To: jeffbocc; mkippen@olympus.net
Subject: Re: noxious weed tax
My apologies, I hit sent before finishing the email (my phone is perhaps a little small). However, as I mentis
our budget for weed control will increase next year. As to the difference between Clallam and Jefferson cora
this is due to the fact that Clallam county already has a Fee Assessment and thus a workable budget in place
whereas Jefferson county currently does not.
If you have any further questions please feel free to call or email me at any time.
Thank you and kind regards,
Joost Besijn
Coordinator
Jefferson County Noxious Weed Control Board
Sent from my iPhone
On Nov 9, 2015, at 9:35 AM, Noxious Weeds<NoxiousWeedsL&coJefferson.wa.us> wrote:
Dear Ms. Kippenhan
Thank you for your input concerning the Noxious Weed Fee Assessment. I understand your
point of view and agree that the Weed Board should assist in weed control as well as outreach
education. That is why we have budgeted for increased our weed control for in the coming years
Sent from my iPhone
On Nov 9, 2015, at 8:53 AM, jeffbocc <icffbocc'a-)co.jefferson.wa.us> wrote:
From: mkippen@olympus.net [mailto:mkippencc@olvmpus.net]
Sent: Saturday, November 07, 2015 4:04 PM
To: jeffbocc <ieffbocc@co.iefferson.wa.us>
Subject: noxious weed tax
I am opposed to the noxious weed fee as proposed. I think it is a gross waste
of time and money (including mine) to "educate" homeowners about noxious
weeds. What we need is help in eradicating them.
If you look at the county population you see a lot of senior citizens. We have
arthritis, degenerating discs in our backs, joints that need replacing, among
other problems that would limit our ability to wield an extractigator to pull up
a lot of Scotch broom.
In addition, if we all cleared our property, there is still an abundance of the
stuff growing on public lands of one sort or another. If you drive up Mt.
Jupiter Rd in the spring when Scotch broom is blooming, you get to a point
where you can see nothing but yellow all up and down the power lines right of
way. Strangely enough, if you drive out to Palo Alto Rd just east of Sequim
where there is also a large power line, you do not see a scrap of yellow. What
is Clallam County doing that Jefferson County is not? I am quite sure the
Scotch broom doesn't care what county it is inhabiting.
I would happily pay your proposed fee if you were planning to actually use
the money to exterminate noxious weeds. I object to funding 3 jobs to run
around with plant samples and pictures.
Mary Kippenhan
360-379-9407
PO Box 537
Quilcene WA 98376