§ 35-4-107 — Inspections - notice - treatment - collection of costs

(1) (a) The
county pest inspector shall have the right to enter upon any public or private
property during reasonable business hours to inspect for pest infestations or
infection and ensure compliance with the requirements of this article and any local
requirements when at least one of the following has occurred:

(I) The landowner or occupant has requested an inspection;

(II) A neighboring landowner or occupant has reported a suspected pest
infestation or infection and requested an inspection; or

(III) An authorized agent of the county in which the property is situated has
made a visual observation from a public right-of-way or area and has reason to
believe that a pest infestation or infection exists.

(b) No entry upon any property shall be permitted until the landowner or
occupant has been sent a notification by certified mail to the landowner's or
occupant's last-known address that such entry is pending. When possible,
inspections shall be scheduled and conducted with the concurrence of the
landowner or occupant.

(c) If, after receiving notice that an inspection is pending, the landowner or
occupant denies access to the county pest inspector, the board of county
commissioners may seek an inspection warrant issued by a municipal, county, or
district court having jurisdiction over the land. The court shall issue an inspection
warrant upon presentation by the board of county commissioners, through its agent
or employee, of an affidavit that provides a specific description of the location of
the affected land and sets forth information that gives the county pest inspector
probable cause to believe that a provision of this article is being or has been
violated and the landowner or occupant has denied access to the county pest
inspector. No landowner or occupant shall deny access to such land when
presented with an inspection warrant.

(d) The county pest inspector shall have the authority to notify and advise
the landowner or occupant in writing by certified mail of the findings of the
inspection. If such findings indicate a pest infestation or infection, such notice shall
name the pest, advise the landowner or occupant to manage the pest, and specify
the available control methods of integrated pest management, including
mechanical, chemical, and biological methods. Such notice shall inform the
landowner or occupant that the state forester or county extension office may be
consulted concerning integrated pest management. Where possible, the county
pest inspector shall consult with such landowner or occupant in the development of
a plan for the management of pest infestations and infections on the premises or
lands.

(e) Within ten days after receipt of notification of a pest infestation or
infection, the landowner or occupant:

(I) Shall comply with the terms of the notification;

(II) Shall acknowledge the terms of the notification and submit an
acceptable plan and schedule for the completion of a plan for compliance; or

(III) May request a hearing before the board of county commissioners or a
panel appointed by the board if the landowner or occupant disputes the finding of
infestation or infection by the county pest inspector. Any owner requesting a
hearing need not control the pests pending the outcome of the hearing. The board
of county commissioners conducting the hearing shall order appropriate relief if it
finds there is infestation or infection as alleged in the written notice. The owner
shall pay for any relief, not to exceed ten thousand dollars annually, ordered under
this article, including up to twenty percent of the cost of pest control measures for
inspection and other incidental costs.

(2) When necessary to enforce the provisions of this article, a county pest
inspector, after notice of pest infestation or infection to the owner pursuant to
subsection (1) of this section, shall treat to control the pests on plant host material,
buildings, or other property. Such treatment shall not be commenced by a county
pest inspector pending the outcome of any hearing requested pursuant to
subsection (1) of this section. Upon the completion of such work, a statement of the
cost and expense thereof along with a description of the property upon which such
work was done shall be filed with the board of county commissioners, who shall pay
same without unnecessary delay.

(3) Upon payment by the board of county commissioners of any cost and
expense of treating pest infestation or infection in accordance with subsection (2)
of this section, the county shall demand in writing from the owner, in person or by
mail addressed to the owner at the owner's last-known place of residence,
reimbursement to the county for the amount of the county's direct costs and
expenses only. The county shall not send a written demand for more than ten
thousand dollars. In the written notice, the county shall inform the owner of the
right to appear before the board of county commissioners at any meeting of the
board, as fixed by law, to be held within the following four months, and be heard as
to the amount of the claim for reimbursement. If the claim, as originally demanded
by the board or as adjusted upon a hearing, is not paid at the end of the four-month
period, the board shall certify the claim to the county treasurer of the county where
the property is located. The county treasurer shall add the amount of the claim to
any taxes due, or to become due, from the owner, and if the claim is not paid in due
course, the county treasurer shall file a lien on the property. The lien's priority is
based upon the date of recording in accordance with article 35 of title 38. The
board of county commissioners shall work with any landowner to develop a
payment schedule for the cost of an assessment for pest treatment upon a
demonstration by the landowner of an economic hardship. All accounts when
collected must be deposited into the general fund of the county.

(4) If the board of county commissioners finds that a pest infestation or
infection is a result of or can be attributed to an infestation or infection on land
owned by any federal, state, or local governmental unit that has not been treated or
is not under control, the landowner shall not be charged for any relief ordered
pursuant to this section.

(5) A county shall not provide for or compel the management of pests on
private property under this section without first applying the same or greater
management measures to any land or rights-of-way owned or administered by the
local governing body that are adjacent to the private property.

(6) A county pest inspector or agent thereof does not have a cause of action
against a landowner or occupant for personal injury or property damage incurred
while on public or private land while working within the course and scope of the
inspector's duties except when such damages were willfully caused by the
landowner.

Legislative History

Source: L. 37: p. 645, � 9. CSA: C. 80, � 51. CRS 53: � 6-10-7. C.R.S. 1963: � 6-10-7. L. 78: Entire section amended, p. 457, � 5, effective April 27. L. 85: (1) and (2) amended, p. 1131, � 4, effective May 16. L. 99: Entire section amended, p. 281, � 1, effective April 13. L. 2013: (1)(e)(III) and (3) amended and (5) and (6) added, (HB 13-1250), ch. 240, p. 1166, � 2, effective August 7. L. 2025: (3) amended, (HB 25-1084), ch. 24, p. 93, � 10, effective August 6.