Chapter 20 – Health & Sanitation

Last updated July, 2020

Articles:

20.ED Editor’s note to Chapter 20

20.04   In General

20.08   Weeds

Article 20.ED Editor’s note to Chapter 20

Sections:

20.ED.010      Editor’s note to Chapter 20

Section 20.ED.010     Editor’s note to Chapter 20

            For state law as to authority of city to make regulations necessary or expedient for the promotion of health and sanitation or for the suppression of disease, see NDCC, § 40-05-01 (45).

            As to rabies control, see §§ 5.08.06.020 to 5.08.06.050 of this Code. As to food and food establishments, see Ch. 15. As to frozen desserts generally, see Ch. 16. As to garbage and refuse generally, see Ch. 18. As to meat and meat products generally, see Ch. 22.

Article 20.04 In General

Sections:

20.04.010        Department of health–Established

20.04.020        Same–Composition

20.04.030        Public health officer–Qualifications; appointment; term

20.04.040        Same–Oath and bond

20.04.050        Same–Powers and duties generally

20.04.060        Same–Inspection of buildings, lots, etc., for health purposes

20.04.070        Same–Abatement of nuisances, sources of filth, etc.

20.04.080        Depositing of garbage, human excreta, etc., in Heart River

Section 20.04.010       Department of health–Established

            There is hereby established a department of health in and for the city. (Code 1958, § 16-1.)

Section 20.04.020       Same–Composition

            The department of health shall consist of the public health officer and such assistants as he may appoint, subject to confirmation by the board of city commissioners. (Code 1958, § 16-2.)

Section 20.04.030       Public health officer–Qualifications; appointment; term

            The public health officer shall be a competent physician engaged in the regular practice of medicine and shall be appointed by the board of city commissioners at their regular meeting on the third Tuesday in the month of April of each odd-numbered year or at such other meeting as may be designated by the board, and such appointment shall be for a period of two years. (Code 1958, § 16-3.)

Section 20.04.040       Same–Oath and bond

            The public health officer shall take or subscribe the usual oath of office and shall be under bond in the sum of one thousand dollars for the faithful performance of his duties. (Code 1958, § 16-4.)

Section 20.04.050       Same–Powers and duties generally

            The public health officer shall perform such duties as may be conferred upon him by the laws of the state or the ordinances of the city. The public health officer shall have all the power and authority granted by the statutes of this state, and it shall be his duty to provide such additional rules and regulations as shall be proper and necessary for the preservation of the health of the people of the city, to prevent the spread of contagious disease, to cause the removal of all objects detrimental to the health of the people and to enforce such rules and regulations as may be provided for the government of the department of health. (Code 1958, § 16-5.)

Section 20.04.060       Same–Inspection of buildings, lots, etc., for health purposes

            The public health officer or any person acting under him shall have authority to enter into and examine at any time all buildings, lots and places of any description within the city for the purpose of ascertaining the condition thereof so far as the public health may be affected thereby. (Code 1958, § 16-6.)

Section 20.04.070       Same–Abatement of nuisances, sources of filth, etc.

            In all cases in which the public health officer shall deem it necessary for the protection of the health of the city to abate or to remove any nuisance, source of filth or cause of sickness that shall be found on private property, he shall cause notice to be served on the owner or occupant thereof, requiring him to remove such nuisance, etc., at his own expense within a reasonable time, not less than twenty-four hours.

            If such owner or occupant shall refuse or neglect to comply with such notice or if such nuisance, source of filth or cause of sickness exists on property of nonresident owners or upon property the owners of which cannot be found, the public health officer shall cause the removal of such nuisance, source of filth or cause of sickness at his discretion at the expense of the city. The cost of such removal shall be charged against the lot, piece or parcel of land upon which the work has been done and shall be assessed against the property in the manner provided for the assessment and certification of sidewalk assessments. (Code 1958, § 16-7.)

            For state law authorizing cities to prevent, abate and remove nuisances, see NDCC, § 40-05-01 (44). As to assessment of costs for removal by city, see NDCC, § 40-05-01.1.

Section 20.04.080       Depositing of garbage, human excreta, etc., in Heart River

            It shall be unlawful for any person to deposit, throw or leave any garbage, dead animals or parts thereof, offal, human excreta or any waste animal or vegetable matter in the Heart River or at any place within the drainage basin or area of the Heart River within the city. Any violation of this section shall constitute a nuisance and shall be abated as provided by law. (Code 1958, § 16-9.)

Article 20.08 Weeds

Sections:

20.08.00E       Editor’s note to Article 20.08

20.08.01          Control of noxious weeds within cities

20.08.02          City weed board members – Terms – Compensation

20.08.03          City weed board  – Powers

20.08.04          City weed board – Duties

20.08.05          City weed board – Development of city weed list – Review – Removal

20.08.06          City weed control officer – Membership on city weed board – Employment

20.08.07          City weed control officer – Powers

20.08.08          City weed control officer – Duties

20.08.09          City noxious weed control program – Payment of expenses – Financial report

20.08.10          Publicly owned land – Noxious weed control

20.08.11          Noxious weed Control – Enforcement responsibilities of other agencies

20.08.12          Entry upon land for noxious weed control purposes – Notices – Landowners                          rights – Remedial requirements – Liens

20.08.13          Quarantine – Declaration – Hearing – Penalty

20.08.14          Preventing the dissemination of noxious weeds – Penalty

20.08.15          Civil Penalty

20.08.16          Action on complaint – Request for hearing

20.08.17          County and City weed board – Control of invasive species – acceptance of                              funds

20.08.01    Control of noxious weeds within cities

The governing body of any city having a population of three thousand or more may establish a program for the control of noxious weeds within the jurisdictional limits of the city. If a program is not established, the county weed board shall administer a program for the city. The Building and Code Department shall be responsible for enforcement of the provisions in this Chapter.  (Code 1695, § 1)

20.08.02    City weed board members – Terms – Compensation

1. If the governing body of a city elects to establish a noxious weed control program, as authorized by section 20.08.01, the governing body shall appoint a weed board consisting of three, five, or seven members.
2. The term of office for a board member is four years or until a successor is appointed and qualified. The terms must be staggered so that no more than two expire each year.
3. Any qualified elector residing within the city is eligible to serve on the board.
4. A board member shall assume office at the first regular meeting of the city weed board following the member’s appointment.
5. The governing body of the city shall remove a member of the city weed board for repeated unexcused failures to attend meetings, for refusal to act as a board member, or for incapacity. If a vacancy occurs on a city weed board, the governing body of the city, at its next regular meeting, shall appoint an individual who possesses the necessary qualifications to fill the unexpired term.
6. The city weed board shall elect a chairman and a vice chairman from among its members.
7. The city weed board shall appoint a secretary and a treasurer. The secretary and treasurer need not be members of the board.
8. The governing body of the city shall establish the rate of compensation for city weed board members.

20.08.03    City weed board – Powers

A city weed board may:

1. Expend funds from all available sources if it determines that the extent of noxious weed infestation on certain land is so severe that undertaking control efforts would place an extreme financial burden on the landowner.
2. Employ and compensate additional personnel to assist with noxious weed control efforts.

20.08.04.   City weed board – Duties   

1.         Implement a program for the control of noxious weeds;

2.         Establish the time and place of regular board meetings;

3.         Meet at least once each year;

4.         Keep minutes of its meetings and a complete record of all official acts;

5.         Control and disburse all moneys received by the city from any source for noxious weed control;

6.         a.         Provide for the compensation for its members and its secretary and

treasurer;

b.         Reimburse its members and its secretary and treasurer for actual and necessary expenses; and

c.         Provide a mileage allowance at the same rate as that established for state employees; and

7.         a.         Employ and provide for the compensation of a weed control officer or

contract with a licensed and certified weed control officer

            b.         Reimburse the weed control officer for actual and necessary expenses; and

            c.         Provide a mileage allowance at the same rate as that established for state 

employees.

20.08.05    City weed board – Development of city weed list – Review

                   – Removal

1.         A city weed board may designate as noxious certain weeds that are not on the state or county noxious weed list, provided the city weed board first consults with the North Dakota state university extension service and that the designation is approved by the commissioner.

2.         Before January 1, 2010, and at least every five years thereafter, each city weed board shall review its noxious weed list and, by majority vote, may remove any weed from its list. The city weed board shall provide the commissioner with at least fourteen days’ notice of the time and place at which its list will be reviewed and, within fourteen days of the review, shall provide the commissioner with written notice of any changes to the city list.

3.         A city weed board immediately shall remove any noxious weed from the board’s list when directed to do so by the commissioner.

20.08.06    City weed control officer – Membership on city weed board – Employment

1.         A city weed control officer may serve as a member of the weed control board by which the officer is employed if the officer is otherwise qualified to do so.

2.         An individual may be employed as a weed control officer by several weed boards simultaneously.

3.         The City may as provided for in Section 20.08.04 subcontract with a licensed and certified weed control officer. The provisions of this Chapter apply to a weed control officer hired by the City as an employee or a contractor hired by the City to perform weed control services.

20.08.07    City weed control officer – Powers

A city weed control officer may enter upon any land within the jurisdiction of the officer to perform duties and to exercise powers under this chapter, including taking specimens of weeds or other materials, without the consent of the landowner or other person responsible for the land and without being subject to any action for trespass or damages, provided reasonable care is exercised.

20.08.08    City weed control officer – Duties

The city weed control officer shall:

1. Cooperate with the board and be responsible for the operation and enforcement of this chapter within the city;
2. Become acquainted with the location of noxious weeds within the city;
3. Meet the pesticide certification requirements set forth in N.D.C.C. Chapter 4.1-33;
4. Encourage noxious weed control by all landowners and land occupants within the city;
5. Investigate all signed complaints received by the officer regarding noxious weeds within the city;
6. Post or publish in the official newspaper of the city any notices the commissioner deems necessary to further noxious weed control under this chapter;
7. Prepare reports as requested by the commissioner; and
8. Attend meetings called by the commissioner to further noxious weed control under this chapter.

20.08.09    City noxious weed control program – Payment of expenses – Financial report

1.         The governing body of a city may provide funding for a city noxious weed control program authorized under this chapter from revenues derived from its general fund levy authority.

2.         The city weed board may annually request the governing body of a city to provide funds derived from its general fund levy authority in the amount necessary for the city noxious weed control program. In the year for which the levy is south, a city weed board seeking approval of a property tax levy under this chapter must file with the city auditor, at a time and in a format prescribed by the city auditor, a financial report for the preceding calendar year showing the ending balances of each fund held by the city weed board during that year.

3.         For purposes of this section, the expenses of a city noxious weed control program include compensation for and the reimbursement of expenses incurred by the city weed board, the city weed control officer, and other employees of the board, and expenses incurred in the provision of noxious weed control, as authorized by this chapter.

20.08.10    Publicly owned land – Noxious weed control

Each state agency shall provide for the control of noxious weeds on land within its jurisdiction. If a state agency fails to control noxious weeds on land under its jurisdiction, the county weed board, upon approval of the commissioner, may enter upon the land to control the noxious weeds. The state agency shall reimburse the county weed board for expenses incurred in controlling the noxious weeds, within thirty days after the agency receives the bill.

20.08.11          Noxious weed control – Enforcement responsibilities of other agencies

Law enforcement agents shall cooperate with the commissioner, a weed control board, and a weed control officer for the purpose of enforcing this chapter.

          20.08.12    Entry upon land for noxious weed control purposes – 

Notices – Landowner rights – Remedial requirements – Liens

1.          a.       If a city weed control officer determines that land within the officer’s

jurisdiction contains noxious weeds, the officer may serve upon the landowner written notice either personally or by certified mail, requiring the landowner to control the noxious weeds within the time period prescribed by the city weed control officer.

                        b.         The notice must:

1. Specify the minimal remedial requirements;
2. Specify the time within which the landowner must meet the minimum remedial requirements;
3. Specify that the landowner may be subject to penalties provided under this chapter if the landowner fails to comply with the remedial requirement;
4. Include a statement of costs if the landowner fails to control the noxious weeds and the city weed officer must provide for control of the weeds; and
5. Provide that the landowner may stay any efforts by the city weed officer to control noxious weeds on the land, by requesting in writing that the city weed board hold a hearing on the matter.

c.         The city weed officer shall deliver a copy of the notice personally or forward a copy of the notice by certified mail to any tenant, lessee, or operator of the land on which the noxious weeds are located.

d.         If the landowner does not meet the minimum remedial requirements within the time specified in the notice and does not request a hearing on the matter by the city weed board, the city weed control officer may cause the noxious weeds to be controlled and the expenses charged against the land of the landowner. These expenses are part of the taxes to be levied against the land for the ensuing year and must be collected in the same manner as other real estate taxes.

e.         If after holding a hearing on the matter the city weed board directs that the noxious weeds be controlled by the city weed officer, the landowner may appeal the decision to the governing board of the city. A decision by the governing body is final.

f.          If the landowner does not appeal the decision to the governing body of the city, or if the governing body of the city upholds the decision of the city weed board, the city weed control officer may cause the noxious weeds to be controlled and any expenses incurred by the city weed officer in controlling the wees must be charged against the land of the landowner. These expenses are part of the taxes to be levied against the land for the ensuing year and must be collected in the same manner as other real estate taxes.

20.08.13    Quarantine – Declaration – Hearing – Penalty

1.         If the commissioner determines that a quarantine of this state or any portion thereof may be necessary to prevent the spread of noxious weeds, the commissioner shall schedule a public hearing on the matter and provide notice of the hearing by publishing its time, place, and date in the official newspaper of each county having land within the area of the proposed quarantine. If after the hearing the commissioner order the imposition of a quarantine, the order must include the date by which or the circumstances under which the commissioner shall lift the quarantine order.

2.         If the commissioner determines that the imposition of an emergency quarantine is necessary to prevent the spread of noxious weeds, the commissioner may impose such an order for a period not to exceed fourteen days. Within the fourteen-day period, the commissioner shall hold a public hearing as provided for in subsection 1 and determine whether a quarantine order under subsection 1 should be imposed.

3.         Following the establishment of a quarantine, the movement of any product or material described in the quarantine order is subject to the order.

4.         Any person who violates a quarantine order issued under this section is guilty of a class B misdemeanor.

20.08.14    Preventing the dissemination of noxious weeds – Penalty

1.         a.         A person may not willfully transport any material that contains noxious

weed seeds or propagating parts, on a public road, in a manner that allows

for the dissemination of noxious weeds.

b.         A person may not willfully drive or transport any equipment, on a public road, in a manner that allows for the dissemination of noxious weeds.

c.         A person may not willfully dispose of any material that contains noxious weed seeds or propagating parts in a manner that allows for the dissemination of noxious weeds.

2.         Any person who violates this section is guilty of a class B misdemeanor.

20.08.15    Civil penalty

1.         a.         In addition to any other penalties provided for in this chapter, a person who

violates this chapter or any rules adopted under this chapter is subject to a civil penalty in an amount not to exceed eighty dollars per day for each day of violation, subject to a maximum penalty of four thousand dollars per year.

b.         Penalties imposed upon a landowner for failing to comply with the remedial

requirements, as set forth in section 20.08.12, are a lien against the property of the landowner from the day the notice is delivered to the landowner under section 20.08.12.

c.         A person who distributes, sells, or offers for sale within the state a noxious weed is subject to a civil penalty not to exceed one hundred dollars for each violation.

2.         All penalties collected under this section must be credited to the noxious weed control fund of:

a.         The city in which the violation occurred if the city has a noxious weed control program under this chapter; or

                        b.         The county in which the violation occurred.

3.         Any penalties provided for under this section may be adjudicated by a court or the city weed board after a hearing.

4.         An aggrieved person may appeal the imposition of a penalty by a city weed board to the governing body of the city.

20.08.16    Action on complaint – Request for hearing

2.         a.         If an individual filed a signed complaint with a city weed board or the city

weed control officer and if the individual believes that the complaint has not been addressed satisfactorily within twenty-one days from the date of the complaint, the individual may file a written request for a hearing with the governing body of the city.

b.         Upon receiving a request for a hearing, the governing body of the city shall schedule a public hearing and shall provide notice of the hearing by publishing its time, place, and date in the official newspaper of the county.

c.         Within fourteen days after the hearing, the governing body of the city shall issue a determination regarding the matter and shall issue appropriate directives to the city weed board.

                        d.         A decision by the governing body of the city under this section is final.

20.08.17    County and city weed boards – Control of invasive species – Acceptance of funds

1.         If the city weed board determines that an invasive species is present within its jurisdiction, the weed board shall notify the commissioner.

2.         a.         If funds for the control of invasive species are available to the

commissioner, the commissioner may forward the funds to a weed board for the purpose of controlling the invasive species on public land and assisting private landowners in their efforts to voluntarily control the invasive species provided:

1. The commissioner determines that, without intervention, the invasive species is likely to become a noxious weed during the ensuing five-year period; and
2. The weed board files a plan with the commissioner detailing the manner in which and the time within which the funds are to be expended.

b.         Notwithstanding any other law, the city weed board may accept funds under this subsection and implement a plan, approved by the commissioner, for the control of invasive species within its jurisdiction.

3.         In addition to any funds available from the commissioner, the city weed board may accept funds from any other source to control invasive species within its jurisdiction.

4.         For purposes of this section, an invasive species means a plant species that has been introduced into this state and which the North Dakota state university extension service determines has caused or is likely to cause:

1. Economic harm;
2. Environmental harm; or
3. Harm to human health. (Code 1695, § 1)

Section 20.08.00E      Editor’s note to Article 20.08

            For state law as to authority of city to establish weed control authority, see NDCC, § 63-01.1-07. As to weed control generally, see NDCC, § 63-01.1-07 et seq

Last modified: February 11, 2022