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Show C-16 The Park Record WedThursFri. March 31 -April 2, 2004 Lejali be: 5793 North Kingsford Avenue Park City Ut 84098. Estimated Total Debt as of April 21, 2004 is $195,928 86. The undersigned un-dersigned Trustee disclaims dis-claims any liability for any incorrectness of the street, address and other common com-mon designation, if any, shown herein. Said sale will be made without covenant cove-nant or warranty, express or implied, regarding title, possession, condition or encumbrances, including fees, charges and expenses ex-penses of the Trustee and of the trusts created by said Deed of Trust, to pay the remaining principal sums of the note(s) secured se-cured by said Deed of Trust. The current beneficiary benefi-ciary of the Trust Deed as of the date of this notice Is: Bank One, National Association, As-sociation, FKA The First National Bank Of Chicago, Chica-go, As Trustee. The record re-cord owner of the property as of the recording of the Notice of Default isare: Eulester Cornejo and Gloria Glo-ria Orozco. Dated March 24, 2004. James H. Woodall 10653 River Front Parkway, Suite 290 South Jordan Ut 84095 (801)254-9450 Hours: 9:00 AM- 5:00 PM Signatureby: Signa-tureby: James H. Wood-all, Wood-all, Trustee R-1 06600 0324A54 0331 04 040704 PUBUSHED IN THE PARK RECORD ON WEDNESDAY, MARCH 24, 2004 AND WEDNESDAY, WEDNES-DAY, MARCH 31, 2004 AND WEDNESDAY, APRIL 7, 2004. SNYDERVILLE BASIN PUBLIC TRANSIT DISTRICT GOVERNANCE ORDINANCE SUMMIT COUNTY, STATE OF UTAH ORDINANCE NO. 482 PREAMBLE Whereas, pursuant to State law, the Board of Commissioners of Summit County (the "Commission") "Commis-sion") adopted a Resolution, Resolu-tion, dated June 25, 2003, establishing its intent to place a proposition before the citizens of Summit County who live within the Snyderville Basin as to whether a public transit . district shoutcrtie - created'" for the purpose of providing provid-ing residential and commercial com-mercial transportation services; and, Whereas, on July 16, 2003 a public hearing was held to receive public comment and protests concerning the creation of a public transit district; and, Whereas, no protests to the creation of a public transit district were received re-ceived during the statutory protest period; and, Whereas, the majority of registered Snyderville Basin Ba-sin voters who voted on the proposition were in favor fa-vor of the creation of a public transit district; and, Whereas, the election has been canvassed and certified certi-fied to the Lieutenant Governor of the State of Utah pursuant to statute; and, Whereas, the Lieutenant Governor of the State of Utah has certified to the creation of the "Snyderville "Snyder-ville Basin Public Transit District" pursuant to Utah Code Annotated ("UCA") " 17B-2-201 el sea and has sent notice of such to the Commission; and, Whereas, the Commission Commis-sion has determined that the public health, convenience, conven-ience, and necessity requires re-quires the enactment of an ordinance providing for the governance of the "Snyderville Basin Public Transit District," consistent consis-tent with UCA " 17A-2-1001 fit. sfifl.; NOW, THEREFORE, the Board of County Commissioners Commis-sioners of the County of Summit, State of Utah, ordains or-dains as follows: SficJJflnJL. DEFINITIONS. (a) The term "Commission" "Commis-sion" means the Board of Commissioners of Summit County. (b) The term "District" means the Snyderville Basin Ba-sin Public Transit District. (c) The term "Board" means the Snyderville Basin Ba-sin Public Transit District Board of Trustees. (d) The term "County" means Summit County, Utah. Section 2ESTABLISH- ME NT OF TRUSTEES. BOARD OF There is hereby established establish-ed a Board of Trustees known as "The Snyderville Basin Public Transit District Dis-trict Board of Trustees," which shall be a Board whose members are appointed ap-pointed by the Commission. Commis-sion. The Commission hereby retains the authority authori-ty to remove any or all board members with or without cause at the unfettered unfet-tered discretion of the Commission. (a) The Board will be comprised com-prised of no more than seven (7) persons. (b) The members of the Board shall be appointed by the Commission. Compensation of the Board members shall be set, from time to time, by Resolution of the Commission. Com-mission. (c) The term of office for each Board member shall be four years with the first officers serving staggered terms of two, three, or four years. In the event a member is unable to complete com-plete a term on (he Board, the Commission shall appoint ap-point an individual to complete com-plete the unexpired term. (d) The Board shall elect a President and Vice President Presi-dent from members of the Board. Section a. POWERS OF THE AND DUTIES BOARD OF TRUSTEES. The Board shall have all of the powers and duties specified in UCA ' 17A-2-1039, which includes the following authority and duties: du-ties: (a) To determine what transit facilities should be acquired or constructed. (b) To supervise and regulate reg-ulate all transit facilities owned and operated by the District. (c) To fix all rates, fares, rentals, charges, and classifications clas-sifications thereof, and the making and enforcement of all rules, regulations, contracts, practices and schedules for or in connection con-nection with all transit facilities fa-cilities owned or controlled by the District. (d) To enact all ordinances ordinan-ces and resolutions necessary nec-essary to the operation of the District that are not repugnant re-pugnant to the Constitutions Constitu-tions of the United States and the State of Utah. (e) To cause an independent independ-ent annual audit of all books and accounts of the District. (f) To appoint a General Manager and provide for compensation of same. The ' Gerjeral Manager.,. shall serve..at the., pleasure (g) to convene meetings in accordance with the Utah Open and Public Meetings Act and conduct such business as is nec essary to fulfill the duties of the Board and exercise all powers of the District pursuant to UCA ' 17A-2-1016. Section. 4.APPOINT- MENT OF DISTRICT OFFICERS OF-FICERS AND ADVISORY COMMITTEES. (a) The Summit County Treasurer shall serve as the District Treasurer. (b) The Summit County Auditor shall serve as the District Comptroller. (c) The Summit County Clerk shall serve as the District Secretary. (d) The Summit County Attorney shall serve an the District General Counsel. Coun-sel. (e) The Board may establish estab-lish "ad hoc" advisory committees as it sees fit to assist the General Manager Man-ager and Board in carrying carry-ing out their duties. SfiCjJojLA DISTRICT FINANCE FI-NANCE POLICY. All collections, investments, invest-ments, disbursements, procurement, and other financial fi-nancial transactions will be managed in the Summit Sum-mit County Financial System Sys-tem and will be subject to the Summit County Procurement Pro-curement Policy. Section 6. DISTRICT BUDGET POLICY. It shall be the duty of the Board and its General Manager to prepare an annual budget for the District Dis-trict which will conform to the Uniform Fiscal Procedures Proce-dures Act for Special Districts. Dis-tricts. The budget shall demonstrate all proposed expenditures, including the cost to the County for the use of the services of the County Treasurer, County Auditor, County Clerk, and County Attorney, Attor-ney, as well as any fees to be established and collected col-lected as revenue to the District's budget. SficiiQOi DISTRICT BYLAWS. BY-LAWS. The Board shall conduct its business according to the by-laws adopted by the Board, with Board meetings as needed to act on the business of the District. The by-laws may , be amended from time to time by the Board. Section 8. INDEMNIFICATION. (a) The District shall indemnify in-demnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, ac-tion, suit, or proceeding, whether civil or criminal, administrative or investigative, investi-gative, by reason of the fact that he or she is or was the General Manager, Manag-er, a trustee, director, officer, offi-cer, employee, or agent of the District. The indemnification indemni-fication shall be for all expenses ex-penses (including attorneys' attor-neys' fees), judgments, fines, and amount paid in settlement, actually and reasonably incurred by him or her in connection with the action, suit, or proceeding, including any appeal of the action, suit or proceeding, if he or she acted in good faith or in a manner he or she reasonably reason-ably believed to be in or not opposed to the best interests of the District, and with respect to any criminal action or proceeding, pro-ceeding, if he or she had no reasonable cause to believe the conduct was unlawful. (b) Determination of any action, suit, or proceeding by judgment, order, settlement, settle-ment, conviction or on a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption presump-tion that the party did not meet the applicable standard stand-ard of conduct. Indemnification Indemnifi-cation under this article may be paid by the District Dis-trict in advance of the final disposition of any action, suit, or proceeding, on a preliminary determination that the General Manager, trustee, director, officer, employee, or agent met the applicable standard of conduct and on receipt of an undertaking by or on behalf of the General Manager, a trustee, director, direc-tor, officer, employee, or agent to repay the amount, unless it is ultimately ulti-mately determined that he or she is not entitled to be indemnified by the District as authorized in this section. sec-tion. (c) The District shall also indemnify the General Manager, any trustee, di- ; rector, , officer, employee, or agent who has been successful on the merits or otherwise, in defense of any action, suit, or proceeding, pro-ceeding, or jn defense of AP&cJaim. issue, or .matter . EJUlujj ,Jjul;,ur pro- - ceeding, against "all expenses, ex-penses, including attorneys' attor-neys' fees, actually and reasonably incurred, without with-out the necessity of an independent in-dependent determination that the General Manager, a trustee, director, officer, employee, or agent met any appropriate standard of conduct. (d) The indemnification provided for in this article shall continue as to any person who has ceased to be the General Manager, a trustee, director, officer, employee, or agent, and shall inure to the benefit of the heirs, executors, and administrators of that person. per-son. Section 9. INSURANCE. The District shall have power to purchase and maintain insurance on behalf be-half of any person who is the General Manager, a trustee, director, officer, employee, or agent of the District against any liability asserted against him or her and incurred by him or her in any such capacity, or arising out of his or her status as such, whether or not the District would have authority to indemnify him or her against the liability under the provisions of these articles, or under law. Section 10. POWERS AND DUTIES OF THE GENERAL MANAGER. The Board hereby delegates dele-gates to a General Manager Man-ager the following powers, authorities, and duties: (a) To govern the day-to day operations of the District. Dis-trict. However, all expenditures expen-ditures of funds shall conform con-form to Summit County Procurement Policies. (b) To prepare, in cooperation cooper-ation with the Board, an annual budget for the District Dis-trict In accordance with & 6. (c) To provide a recommendation recom-mendation to the Board as to the manner and method of administering the provision provi-sion of transit services, including in-cluding the employment of appropriate personnel, contracts for services, the purchase or lease of land, thepurchase, lease or construction of improvements, improve-ments, facilities, systems, equipment, and supplies. (d) To provide a recommendation recom-mendation to the Board as to the operation of the District including collection of revenues, disbursements disburse-ments of funds for expenses, ex-penses, custody of funds and such other usual and necessary legal authority required for the operation of the District. (e) To receive recommendations recommen-dations from the Board as to day-to-day operations of the District and any such other recommendations recommenda-tions as the Board may see fit to provide to the General Manager. Section 11. ENACTMENT ENACT-MENT CLAUSE. In order to preserve the peace, health, or safety of the County and the inhabitants inhabi-tants thereof, this Ordinance Ordi-nance shall take effect immediately im-mediately upon publication publica-tion in a newspaper published pub-lished in and having general gen-eral circulation in the County Adopted this 17th day of March, 2004. ATTEST: Board of Summit County Commissioners Kenneth E. Woolsten-hulme Woolsten-hulme Chair Sue Follett Summit County Clerk VOTING OF COMMISSIONERS: COMMIS-SIONERS: Commissioner Richer aye Commissioner Woolsten-hulmeaye Woolsten-hulmeaye Commissioner Kerr aye APPROVED AS TO FORM: David L. Thomas Chief Civil Deputy PUBLISHED IN PARK RECORD THE ON WEDNESDAY, 31, 2004. MARCH SUMMIT COUNTY ORDINANCE ORDI-NANCE NO. 484 AN ORDINANCE PROVIDING FOR THE SUMMIT COUNTY NOXIOUS WEED ACT NOW, THEREFORE, the County Legislative Body of the County of Summit, the State of Utah, ordains as follows: Section 1. Short Title. This shall be known and may be cited as the ASummit County Noxious Weed Act. Promulgated Promulgat-ed under authority of Title 4, Chapter 17, Section 2, Utah Code Annotated 1953, as amended. Section 2. Definitions. As used in the phapter: (1) ABoard means the 'ckmty--eed-OortfeH- Coqmy- Ty - Boatd. " """Suires that any- project To- (2) ACounty noxious weed means any plant which is on the state noxious noxi-ous weed list, is especially troublesome in this particular partic-ular county, and is declared de-clared by the County Commission to be a noxious noxi-ous weed within this county coun-ty Section 3. County Weed Control Board - Appointment Appoint-ment - Composition -Terms - Removal - Compensation. Com-pensation. (1) The Summit County Board of Commissioners shall appoint a County Weed Control Board comprised com-prised of not less than three nor more than five appointed members and one member of the County Coun-ty Commission appointed by the Chairman of the Board of County Commissioners Commis-sioners who acts as a coordinator co-ordinator between the County Commission and weed board. Two members mem-bers of the board shall be farmers or ranchers whose primary source of income is derived from production of agriculture. (2) Members are appointed appoint-ed to four year terms of office and serve with or without compensation as determined by the County Commission. (3) Members may be removed re-moved by the County Commission for cause and any vacancy which occurs on a County Weed Control Board shall be filled fil-led by appointment of the County Commission for the unexpired term of the vacated member. Section 4. County Weed Control Board Powers and Duties. (1) Noxious weeds - Before Be-fore removal of a noxious weed from the state list or county list, a public hearing hear-ing shall be required. (2) The Summit County Weed Control Board is responsible, re-sponsible, under the general gen-eral direction of the County Coun-ty Commission, for the formulation for-mulation and implementation implementa-tion of a county-wide coordinated coor-dinated noxious weed control program designed to prevent and control noxious weeds within Summit County. (3) Summit County Weed Control Board is required, under the general direction direc-tion of its County Commission, Commis-sion, to cooperate with other county weed control boards to prevent and control the spread of noxious noxi-ous weeds. (4) The Summit County Commission may declare a particular weed or competitive com-petitive plant, not appearing appear-ing on the state noxious weed list, a county noxious noxi-ous weed within Summit County, or it may petition the State for removal of a particular noxious weed from the state noxious weed list. A noxious weed shall not be removed re-moved by petition without a public hearing conducted conduct-ed by the State after due notice. (5) Summit County requires re-quires that a development project or construction, such as a subdivision, not limited to condominium, condomini-um, commercial, or utility transmission linepipeline linepipe-line which disturbs an area greater than 14 acre and proposes to disturb existing soils andor imports im-ports soils, or any project which proposes to export more than 10 cubic yards of soil shall: a) Contact the Summit County Weed Supervisor or other authorized person during the planningpermitting planningper-mitting process to inspect the site, develop a noxious noxi-ous weed control plan, and receive a letter from the Summit County Weed Supervisor that the noxious noxi-ous weed control plan is approved, or approved with conditions. b) Receive a final authorization authori-zation from the Weed Control Supervisor to implement im-plement the previously approved ap-proved noxious weed control con-trol plan prior to beginning construction. 3) Implement the noxious weed control plan authorized author-ized by the Weed Control Supervisor. d) The person, company, or agency responsible for the project is also responsible respon-sible for controlling noxious noxi-ous weeds on all portions of the project which they own, have leased, or have a right-of-way over for a period of up to five (5) years. The performance of this responsibility shall be guaranteed by the posting of a cash Bond with the Summit County Treasurer in an amount to be determined by the Weed Control Supervisor..,, cated in the Public Right-of-way requiring a permit under ordinance 181D (as latest revised) shall pay a fee to Summit County, in an amount determined by the Weed Control Supervisor, Super-visor, which shall be the cost of the Summit County Weed Department to control con-trol the noxious weeds in the area disturbed by the project. Section 5. Weed control supervisor - Qualifications Qualifica-tions - Appointment -Duties. (1) The Summit County Commission may employ one or more Weed Control Con-trol Supervisor qualified to detect and treat noxious weeds and to direct the weed control program for the County Weed Control Board. A person may be a Weed Control Supervisor Supervi-sor for more than one county weed board. Terms and conditions of employment shall be prescribed pre-scribed by the County Commission. (2) It is the duty of every supervisor, under the direction di-rection of the County Weed Control Board, to examine all land under the jurisdiction of the County . Weed Control Board to determine whether the regulations of this chapter have been met, to compile data on infested areas, to consult and advise upon matters pertaining to the best and most practical method of noxious weed control and prevention, to render assistance and direction di-rection for the most effective effec-tive control and prevention, preven-tion, to investigate violations viola-tions of this chapter, to enforce noxious weed controls within the county, and to perform any other duties required by the County Weed Control Board. Section 6. Notice of noxious weeds to be published annually in Summit County Notice to particular property owners to control noxious noxi-ous weed 8 - Failure to control noxious weeds considered public nuisance nui-sance - Methods of prevention pre-vention or control specified. speci-fied. (1) The County Weed Control Board before May 1st of each year shall post a general notice of the noxious weeds within Summit County In at least three public places within the county and publish the same notice on at least three occasions in a newspaper or other publication publi-cation of general circulation circula-tion within the county. (2) If the County Weed Control Board determines that particular property within Summit County requires re-quires prompt and definite attention to prevent or control noxious weeds, it shall serve the owner or the person in possession of the property, personally or by certified mail, a notice no-tice specifying when and what action should be taken tak-en on the property. Methods Meth-ods of prevention or control con-trol may include definite systems of tillage, cropping, crop-ping, use of chemicals, and use of livestock. (3) An owner or person in possession of property who fails to take action to control or prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance. Section 7. Noxious weeds Failure to control con-trol after notice a nuisance nui-sance - Notice and hearing hear-ing - Control at county expense - County costs to control liability of owner - Charges lien against property. (1) If the owner or person in possession of property fails to take action to control con-trol or prevent the spread of noxious weeds within five working days after the property is declared a public nuisance, Summit County may, after reasonable reason-able notification, enter the property without the consent con-sent of the owner or the person in possession, and perform any work necessary, neces-sary, consistent with sound weed prevention and control practices, to control the weeds. (2) Any expense incurred by Summit County in controlling con-trolling the noxious weeds is paid by the property owner of record or the person in possession of the property, as the case may be, within 90 days after af-ter receipt of the charges incurred by the County. If not paid within 90 days after af-ter notice of the charges, the charges become a lien against the property and are collectible by the County Treasurer at the ...time aenetai Drocertv tax- wa i CUltejted Section 8. Hearing before be-fore County Weed Control Con-trol Board - Appeal of decision to Board of County Commissioners - Judicial review. (1) Any person served with notice to control noxious noxi-ous weeds may request a hearing to appeal the terms of the notice before the County Weed Control Board within 10 days of receipt of such notice and may appeal any decision of the County Weed Control Con-trol Board to the Board of County Commissioners. (2) Any person served with notice to control noxious noxi-ous weeds who has had a hearing before both the County Weed Control Board and the Board of County Commissioners may further appeal any decision of the Board of County Commissioners by filing written Notice of Appeal Ap-peal with the Third Judicial Judi-cial District Court of Summit Sum-mit County. Section 9. Jurisdiction of state and local agencies agen-cies to control weeds. The departments or agen-. cies of state and local governments shall develop, devel-op, implement, and pursue pur-sue an effective program for the control and containment con-tainment of noxious weeds on all lands under their control or jurisdiction, including highways, roadways, road-ways, rights-of way, easements, ease-ments, game management manage-ment areas, and state parks and recreation areas. Section 10. County noxious nox-ious weed control fund authorized. Authority is hereby granted grant-ed to establish and maintain main-tain a noxious weeds control con-trol fund for use in the administration ad-ministration of these regulations. regu-lations. Section 11. Designation and Publication of State Noxious Weeds. The following weeds are hereby officially designated designat-ed and published as noxious noxi-ous for the State of Utah, as per the authority vested vest-ed in the Commissioner of Agriculture under Section 4-17-3, Utah Noxious Weed Act: Bermudagrass Cynodon dactylon (L.) Pers. Bindweed (Wild Morning-glory) Morning-glory) Convolvulus spp. Broad-leaved Pepper-grass Pepper-grass (Tall Whitetop) Lepidium latifolium L. Canada Thistle Cirsium arvense (L.) Scop. Diffuse Knapweed Cen-taurea Cen-taurea diffusa Lam. Dyers Woad Isatis tincto-' ria L. Perennail Sorghum spp., including but not limited lim-ited to Johnson Grass (Sorghum halepense (L.) Pers.) and Sorghum Al-mum Al-mum (Sorghum almum, Parodi) Leafy Spurge Eurphorbia esula L. -Medusahead Taeniathe-rum Taeniathe-rum caput-medusae (L.) Nevski Musk Thistle Carduus nutans nu-tans L. Quackgrass Agropyron re-pens re-pens (L.) Beauv. Russian Knapweed Centaur Cen-taur ea repens L. Scotch Thistle (Cotton Thistle) Onopordium acanthium L Spotted Knapweed Cen-taurea Cen-taurea squarrosa Roth Whitetop Cardariaspp. Yellow Starthistle Cen- taurea solstitialis L. Section 12. Designations Designa-tions and Publication of Articles Capable of Disseminating Dis-seminating Noxious Weeds. As provided in Section 4-17-3, Utah Noxious Weed Act, the following articles are designated and published pub-lished by the State as capable ca-pable of disseminating noxious weeds: (1) Machinery and equipment, equip-ment, particularly combines com-bines and hay balers. (2) Farm trucks and common com-mon carriers. (3) Seed. (4) Screenings sold for livestock feed. (5) Livestock feed material. materi-al. (6) Hay, straw, or other material of similar nature. (7) Manure. (8) Soil, sod and nursery stock. (9) Noxious weeds distributed distrib-uted or sold for any purpose. pur-pose. (10) Livestock. (11) Heavy equipment -dump trucks, track-hoes, back-hoes. Section 13. Prescribed Treatment for Articles. (1) As provided in Section 4-17-3, Utah Noxious Weed Act, the State has determined that the fol- . lowing treatments shall be considered minimum to prevent . dissemination of, noxious. ..weed, seeds or such parts of - -noxious" weed plants that could cause new growth by contaminating con-taminating articles: (A) Machinery and Equipment. Equip-ment. (1) It shall be unlawful for any person, company or corporation to bring any harvesting or threshing machinery, portable feed grinders, portable seed cleaners or other farm vehicles ve-hicles or machinery into the County without first cleaning such equipment free from all noxious weed seed and plant parts; or move any harvesting or threshing machinery, portable port-able feed grinders or portable port-able seed cleaners from any farm infested with any noxious weed without first cleaning such equipment free from all noxious weed seed and plant parts. (2) Immediately after completing com-pleting the thrashing of grain or seed which is contaminated with noxious noxi-ous weeds, such machine is to be cleaned by: (a) Removing all loose material from the top and side of the machine by sweeping with a blower; (b) Opening the lower end of elevator, return and measuring device and removing re-moving infested material from shakers, sieves, and other places of lodgement; lodge-ment; (c) Running the machine empty for not less than five minutes, alternately increasing and retarding the speed; and (d) Following the manufacturers manu-facturers detailed suggestions sug-gestions for cleaning the machine. (B) Farm Trucks and Common Carriers. It shall be unlawful for any person, company or corporation cor-poration to transport seed, screenings or feed of any kind containing noxious weed seed over or along any highway in this State or on any railroad operating operat-ing in this State unless the same is carried or transported trans-ported in such vehicles or containers which will prevent pre-vent the leaking or scattering scat-tering thereof. All common com-mon carriers shall -throughly clean and destroy de-stroy any noxious weed seeds or plant parts in cars, trucks, vehicles or other receptacles used by them after each load shall have been delivered to consignee before again placing such car, truck, vehicle or receptacle into service. (C) Seed. (1) It shall be unlawful for any person, firm or corporation corpo-ration to sell, offer or expose ex-pose for sale or distribute in Summit County, any agricultural, vegetable, flower or tree and shrub seeds for seeding purposes purpos-es which contain any seeds of those weeds declared de-clared noxious by the Commissioner of Agriculture. Agricul-ture. (2) It shall be the duty of the State Agricultural Inspector In-spector to remove from sale any lots of seeds offered of-fered for sale which are found to contain noxious weed seeds. Such seed may be recleaned under the supervision of the inspector in-spector and, if found to be free from noxious weeds seeds, the same may be released for sale or distribution; distri-bution; otherwise, such seed shall be returned to point of origin, shipped to' another state where such seed is not noxious, or destroyed de-stroyed or processed in such a manner as to destroy de-stroy viability of the weed seeds. (D) Screenings Sold for Livestock Feed. (1) All screenings or byproducts by-products of cleaning grains or other seeds containing con-taining noxious weed seeds, when used in commercial com-mercial feed or sold as such to the ultimate consumer, con-sumer, shall be ground fine enough or otherwise treated to destroy such weed seeds so that the finished product contains not more than six whole noxious weed seeds per pound. (2) All mills and plants cleaning or processing any grains or other seeds shall be required to grind or otherwise treat all screenings containing noxious weed seeds so as to destroy such weed seeds to the extent that the above stated tolerance toler-ance is not exceeded before be-fore allowing the same to be removed from the mill or plant. Such screenings may be moved to another plant for grinding and treatment; provided that: each container or shipment ship-ment is labeled with the words Ascreenings for processing - not for seeding seed-ing or feeding and with the name and address of . the consignor and the consignee. , (E) Livestock Feed Material. Materi-al. ,. 'It shall be unlawful for any person, company or cor- poration to sell or offer for sale, barter or give away to the ultimate consumer any livestock feed material, materi-al, including whole grains, which contain more than six whole noxious weed seeds per pound. Whole feed grain which exceeds this tolerance of noxious weed seeds may be sold to commercial processors or commercial feed mixers where the manner of processing proc-essing will reduce the number of whole noxious weed seed to no more than six per pound. (F) Hay, Straw or Other Material of Similar Nature. It shall be unlawful for any person, company or corporation cor-poration to sell or offer for sale, barter or give away any hay, straw, or other material of similar nature, which is contaminated with mature noxious weed seeds or such parts of noxious weed plants which could cause new growth. (G) Manure. Manure produced from grain, hay, or other forage infested with noxious weeds shall not ' be applied ap-plied or dumped elsewhere else-where than upon the premises of the owner thereof. (H) Soil, Sod and Nursery Stock. No soil, sod or nursery stock which contains or is contaminated with noxious noxi-ous weed seeds, or such parts of the plant that could cause new growth, shall be removed from the premises upon which it is located until cleaned of such weed seed or plant parts, except that such contaminated soil may be used for restrictive non-planting non-planting purposes upon permission and under direction di-rection of the County Weed Supervisor or a representative rep-resentative of the Utah Department of Agriculture. (I) Noxious Weeds Distributed Distrib-uted or Sold for any Purpose. Pur-pose. It shall be unlawful for any person, company or corporation cor-poration to sell, barter or give away any noxious weed plants or seeds for any purpose. (J) Livestock. No livestock to which grain, hay, or other forage containing noxious weed seeds has been fed shall be permitted to range or graze upon fields other than those upon which they have been so fed for a period of 72 hours following fol-lowing such feeding. Dur ing such period, they shall be fed materials which are not contaminated with noxious weed seeds. Section 14. Notices. General and individual notices no-tices pertaining to the control con-trol and prevention of noxious nox-ious weeds shall be substantially sub-stantially of the types prescribed pre-scribed herein; namely, General Notice to Control Noxious Weeds, Individual Individu-al Notice to Control Noxious Noxi-ous Weeds, and Notification Notifica-tion of Noxious Weed Lien Assessment. (1) General Notice to Control Con-trol Noxious Weeds. General public notice shall be posted by the County Weed Control Board in at least three public places within Summit County and be published in one or more newspapers of general gen-eral circulation throughout the county, on or before May 1st of each year and at any other times the County Weed Control Board determines. Such public notice shall state that it is the duty of every property owner to control and prevent the spread of noxious weeds on any land in his possession, or under his control, and shall serve as a warning that if he fails to comply with this notice, enforced weed control measures may be imposed at the direction di-rection of county authorities. authori-ties. Such general notice shall also include a list of weeds declared noxious for the State of Utah and for Summit County. (2) Individual Notice to Control Noxious Weeds. Following publication of a general notice, if a County Weed Control Board determines de-termines that definite weed control measures are required to control noxious weeds on a particular par-ticular property, the Board shall cause an individual notice to be served upon ', the owner or the person in possession of said proper- " ty, giving specific instructions instruc-tions concerning when and how the noxious , weeds are to be controlled vj within a specified period i of time. The individual no- .J tice shall also inform the Ji property owner of legal action which may be tak- S en against him if he fails Q to comply with said notice. H i (3) Notification of Noxious j Weed Lien Assessment. If it is deemed advisable, the Board of County Commissioners Com-missioners may cause noxious weeds to be controlled con-trolled on a particular property and any expenses expens-es incurred by the county shall be paid by the owner of record or the person in an itemized cost statement state-ment of the labor and materials ma-terials necessarily used in the work of said control measures. This notice shall also state that the expense constitutes a lien against the property and shall be added to the general gen-eral taxes unless payment is made to the County Treasurer within 90 days. Section 15. Penalties. Whenever under the provisions pro-visions of these regulations regula-tions an act is prohibited, each violation of any such provision shall be a Class AC Misdemeanor, punishable pun-ishable by imprisonment not to exceed 90 days and fines not to exceed $750.00. Each day a violation vio-lation of these regulations continues shall constitute a separate offense, unless otherwise prohibited. ADOPTED this 17th day of March, 2004. BOARD OF SUMMIT COUNTY COMMISSION Kenneth E. Woolsten-hulme Woolsten-hulme Commission Chair Attest: Voting of Commissioners: Commissioner Richer aye Commissioner Woolsten-hulme Woolsten-hulme aye Commissioner Kerr aye Sue Follett Summit County Clerk Approved as to form: David L. Thomas Chief Civil Deputy County Attorney PUBLISHED IN THE PARK RECORD ON WEDNESDAY, MARCH 31,2004. 3 |