Judgement made against landowner

Wallenmeyer documented the existence of large numbers of tansy ragwort, canada thistle and yellow toadflax on Schmid's property, and in spite of repeated contacts, was unable to obtain Schmid's cooperation in controlling the infestation. The weed board directed Wallenmeyer to contact the county prosecutor and pursue a civil penalty.

"All we've ever wanted was to get Schmid to control and prevent the spread of these weeds on his property," said weed board chairman Ken Bajema.

"The landowner was warned in certified letters of what the penalties could be," Wallenmeyer added.

Responding to a motion filed by Deputy Prosecutor Randall Krog, District Court Judge Ronald Reynier levied the penalty at a hearing March 7. Schmid had ignored a 12 day notice sent to him by the Skamania County Noxious Weed Control Board on May 25, 2001.

State law authorizes penalties of up to $500 per day for non-control of Class B weeds (tansy ragwort), and up to $250 per day for Class C weeds (canada thistle and yellow toadflax). Reynier's order cites Schmid for not controlling or preventing the spread of those species from June 6, 2001 (the deadline to respond to the 12 day notice) to July 24, 2001 (the date of a follow-up visit by Wallenmeyer, which revealed that Schmid's weed infestation had been mowed, but only after it had set viable seed).

"Mr. Schmid really hurt himself by not showing up for the court hearing and showing responsibility for taking care of his weeds," said Skamania County Prosecutor Bradley Andersen.

In spite of a notice Krog sent to Schmid on March 8, Krog said his office has yet to hear from Schmid. If he doesn't respond within 30 days, things could get worse for the landowner, Krog said. He said non-response triggers criminal charges, and can result in issuance of a bench warrant for Schmid's arrest. Non-payment of the judgment can result in a lien against Schmid's property, Krog said.

"Things really didn't need to go this far," said John Skaar, weed board member. "They don't need to go to court. We gave this landowner every opportunity to avoid it," Skaar said.