§ 2-18-9 - Abatement of plant diseases as nuisance – Liability for cost.
SECTION 2-18-9
§ 2-18-9 Abatement of plant diseases asnuisance – Liability for cost. – The chief entomologist and the director of environmental management, or eitherof them, may personally or through his or her deputies inspect any orchard,garden, field or roadside in public or private grounds which he or she knows,or has reason to suspect, is infested with any seriously injurious insect pestsor plant diseases when, in his or her judgment, the presence of those pests orplant diseases are a nuisance to adjoining owners and shall give anyinstructions and directions that may be necessary in order that the nuisancemay be abated. If the owner or person in charge of the trees or other plantsconstituting the nuisance fails within a reasonable time to follow thedirections of the chief entomologist and the director of environmentalmanagement, and abate the nuisance, the chief entomologist and the director ofenvironmental management may cause the necessary work to be done and the costof that work shall be charged to that owner or person in charge of the trees orother plants, and the actual cost of the work shall be recovered in an actionof the case to be brought by the general treasurer and the money received paidinto the treasury of the state to be added to the regular annual appropriationof the department of environmental management.