Current through 2024 Legislative Sessions
Section 4.1-47-31 - Civil penalty1.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 4.1-47-28, are a lien against the property of the landowner from the day the notice is delivered to the landowner under section 4.1-47-28.c. A person who violates subsection 2 of section 4.1-47-02 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; orb. The county in which the violation occurred.3. Any penalties provided for under this section may be adjudicated by a court, a county weed board, or a city weed board after a hearing.4. An aggrieved person may appeal the imposition of a penalty by a county weed board to the board of county commissioners. An aggrieved person may appeal the imposition of a penalty by a city weed board to the governing body of the city.Amended by S.L. 2011 , ch. 67( SB 2085 ), § 2, eff. 8/1/2011.