SB498-AA2,2,24 94.02 (1) If the department finds any premises, or any plants, plant parts, or
5pest-harboring materials located thereon are so infested or infected with injurious
6pests as to constitute a hazard to plant or animal life in the state, or any area thereof,
7it may notify the owner or person having charge of such premises to that effect, and
8the owner or person in charge shall, within 10 days after such notice, cause the
9treatment of the premises or the treatment or removal and destruction of infested
10or infected plants, host plants or other pest-harboring material as directed in the
11notice. No person may violate the terms of any notice received under this subsection,
12nor may any damages be awarded to the owner for such treatment, removal or

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1destruction. Any person affected by a notice or order may appeal to the department
2and request a hearing under s. 94.01 (2).

SB498-AA2,2,84 94.02 (3m) An owner of any premises on which the abatement of pests occurs
5under this section on or after the effective date of this subsection .... [LRB inserts
6date], may sue for damages resulting from the treatment of the premises or the
7treatment or removal and destruction of infested or infected plants, host plants, or
8other pest-harboring material.".