§ 35-5.5-109 — Private lands - management of noxious weeds - charges

Colorado § 35-5.5-109

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Colorado Noxious Weed Act

Text

(1)
The local governing body, through its delegates, agents, and employees, shall have
the right to enter upon any premises, lands, or places, whether public or private,
during reasonable business hours for the purpose of inspecting for the existence of
noxious weed infestations, when at least one of the following circumstances has
occurred:

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

(b) A neighboring landowner or occupant has reported a suspected noxious
weed infestation and requested an inspection; or

(c) An authorized agent of the local government has made a visual
observation from a public right-of-way or area and has reason to believe that a
noxious weed infestation exists.

(2) (a) No entry upon any premises, lands, or places shall be permitted until
the landowner or occupant has been notified by certified mail that such inspection
is pending. Where possible, inspections shall be scheduled and conducted with the
concurrence of the landowner or occupant.

(b) If after receiving notice that an inspection is pending the landowner or
occupant denies access to the inspector of the local governing body, the inspector
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 local governing body, through its agent or employee, of an
affidavit stating: The information which gives the inspector reasonable cause to
believe that any provision of this article is being or has been violated; that the
occupant or landowner has denied access to the inspector; and a general
description of the location of the affected land. No landowner or occupant shall
deny access to such land when presented with an inspection warrant.

(3) The local governing body of the county or municipality having jurisdiction
over private lands upon which noxious weeds are found shall have the authority,
acting directly or indirectly through its agent or staff, to notify the landowner or
occupant of such lands, advising the landowner or occupant of the presence of
noxious weeds. Said notice shall name the noxious weeds, advise the landowner or
occupant to manage the noxious weeds, and specify the best available control
methods of integrated management. Where possible, the local governing body shall
consult with the affected landowner or occupant in the development of a plan for
the management of noxious weeds on the premises or lands.

(4) (a) Within a reasonable time after receipt of notification, which at no time
shall exceed ten days, the landowner or occupant shall either:

(I) Comply with the terms of the notification;

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

(III) Request an arbitration panel to determine the final management plan.

(b) The arbitration panel selected by the local governing body shall be
comprised of a weed management specialist or weed scientist, a landowner of
similar land in the same county, and a third panel member chosen by agreement of
the first two panel members. The landowner or occupant shall be entitled to
challenge any one member of the panel, and the local governing body shall name a
new panel member from the same category. The decision of the arbitration panel
shall be final.

(5) (a) In the event the landowner or occupant fails to comply with the notice
to manage the identified noxious weeds or implement the plan developed by the
arbitration panel, the local governing body has the authority to:

(I) Provide for and compel the management of such noxious weeds at such
time, upon such notice, and in such manner as the local governing body shall
prescribe by ordinance or resolution; and

(II) Assess the whole cost thereof, including up to twenty percent for
inspection and other incidental costs in connection therewith, upon the lot or tract
of land where the noxious weeds are located; except that no local governing body
shall levy a tax lien against land it administers as part of a public right-of-way. Such
assessment shall be a lien against each lot or tract of land until paid and shall have
priority over all other liens except general taxes and prior special assessments.
Such assessment may be certified to the county treasurer of the county in which
the property is located and collected and paid over in the same manner as provided
for the collection of taxes. Any funds collected pursuant to this section shall be
deposited in the local governing body's weed fund or any similar fund.

(b) No local governing body shall provide for or compel the management of
noxious weeds on private property pursuant to this subsection (5) 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.

(c) No local governing body shall assess the cost of providing for or
compelling the management of noxious weeds on private property until the level of
management called for in the notice or the management plan developed by the
arbitration panel has been successfully achieved.

(6) The local governing body, through its delegates, agents, and employees,
shall have the right to enter upon any premises, lands, or places, whether public or
private, during reasonable business hours for the purpose of ensuring compliance
with the requirements of this article concerning noxious weed management and any
other local requirements.

(7) No agent, employee, or delegate of a local governing body shall have a
civil cause of action against a landowner or occupant for personal injury or property
damage incurred while on public or private land for purposes consistent with this
article except when such damages were willfully or deliberately caused by the
landowner.

Legislative History

Source: L. 90: Entire article added, p. 1554, � 1, effective July 1. L. 96: (1), (2)(a), (3), (5), and (6) amended, p. 770, � 11, effective May 23.