HARRY HUGHES, Governor

761

THE END OF THE FIFTH DAY AFTER ITS DEPOSIT IN THE MAIL TO
THE LAST KNOWN ADDRESS OF THE OWNER OR OCCUPANT OF THE
PROPERTY CONCERNED.

(C)  IF THE COUNTY COMMISSIONERS REMOVE ANY NUISANCE OR
MENACE TO THE PUBLIC HEALTH OR SAFETY AS DESCRIBED IN
SUBSECTION (B), THE REASONABLE COSTS OF THE REMOVAL SHALL BE
ASSESSED AGAINST THE PROPERTY AS A SPECIAL TAX.

(D)  A PROPERTY OWNER AGGRIEVED BY THE ASSESSMENT OF A
SPECIAL TAX AGAINST HIS PROPERTY, AS PROVIDED IN THIS
SECTION, MAY PETITION THE COUNTY COMMISSIONERS FOR RELIEF.
UPON THE RECEIPT OF A PETITION, THE COUNTY COMMISSIONERS
SHALL CONDUCT A HEARING WITHIN 30 DAYS OF THE RECEIPT TO
DETERMINE THE PROPRIETY AND REASONABLENESS OF THE
ASSESSMENT. AT THE HEARING, THE BURDEN SHALL BE UPON THE
PETITIONER TO SHOW GOOD CAUSE WHY THE ASSESSMENT SHOULD NOT
BE MADE. THE ASSESSMENT SHALL BE ADDED TO THE ANNUAL TAX
BILL AGAINST THE PROPERTY TO BE COLLECTED IN THE SAME MANNER
AS ORDINARY TAXES ARE COLLECTED AND SUBJECT TO THE SAME
INTEREST AND PENALTY FOR NONPAYMENT, AS PROVIDED BY LAW FOR
THE NONPAYMENT OF COUNTY TAXES. THE SPECIAL TAX SHALL
CONSTITUTE A LIEN AGAINST THE PROPERTY FROM THE DATE OF
ASSESSMENT UNTIL PAID.

(E)  FOR PROPERTIES LARGER THAN 1 ACRE, REMOVAL OF
WEEDS, AS CONTEMPLATED BY THIS SECTION, SHALL BE LIMITED TO
THE REMOVAL OF ANY WEEDS WITHIN 50 FEET OF THE NEAREST
PROPERTY LINES BOUNDING THE PROPERTY UPON WHICH THE WEEDS
ARE FOUND TO CONSTITUTE A NUISANCE OR MENACE TO THE PUBLIC
HEALTH OR SAFETY.

(F)  THE DETERMINATION BY THE LOCAL OR COUNTY HEALTH
OFFICER THAT A NUISANCE OR MENACE TO THE PUBLIC HEALTH OR
SAFETY EXISTS BY REASON OF THE GROWTH OF WEEDS, ACCUMULATION
OF REFUSE, THE PRESENCE OF STAGNANT WATER, OR THE PRESENCE
OF COMBUSTIBLE MATERIAL SHALL BE FINAL AND CONSTITUTE PRIMA
FACIE PROOF THAT SUCH NUISANCE OR MENACE EXISTS. IT SHALL
BE THE DUTY OF THE LOCAL OR COUNTY HEALTH OFFICER TO
INVESTIGATE ALL COMPLAINTS OF A NUISANCE OR MENACE TO THE
PUBLIC HEALTH OR SAFETY, AS DESCRIBED IN THIS SECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1979.

Approved May 1, 1979.

CHAPTER 190
(House Bill 1331)
AN ACT concerning