§ 8-66. Removal and abatement by department employees; by owner; remedies of county upon failure by owner to remove or abate.

(a)

Employees of the department are hereby authorized to enter upon either public or private property within the area described in section 8-65 of this division for the purpose of investigating the possible existence of water hyacinth and water lettuce in a manmade body of water located thereon, and if water hyacinth or water lettuce are discovered, the department shall apply herbicides or take other reasonable and necessary steps to remove or abate the water hyacinth and water lettuce.

(b)

If an owner of a man-made body of water located within the area described in section 8-65 refuses to grant department employees access to such man-made body of water to perform initial removal or abatement of water hyacinth or water lettuce pursuant to subsection (a) hereof, or otherwise impedes or hinders the department's efforts to perform such initial removal or abatement, the department shall deliver a written notice by certified mail or by personal delivery to such owner directing the owner to take necessary steps to remove or abate the water hyacinth or water lettuce within two (2) weeks or such other period of time as deemed necessary by the department under the circumstances.

(c)

If an owner of a man-made body of water located within the area described in section 8-65 fails to remove or abate water hyacinth or water lettuce as required under subsection (a) or (b), then the county attorney upon the request of the department's director, may apply in the name of Polk County to the appropriate court for an injunction or other appropriate judicial remedies to abate such condition and recover damages and costs.

(d)

In addition to the remedies described in subsection (c), the department and its inspectors are authorized to initiate proceedings before the Polk County code enforcement board to enforce the provisions of this division. Upon receipt of an order from the Polk County code enforcement board, the county is empowered to take the steps necessary to remove or abate the water hyacinth or water lettuce and to assess the costs of treatment against the owner.

(Ord. No. 89-32, § 3, 8-22-89)