A. The County Weed Coordinator or his or her delegate shall have the right to enter upon any premises, lands, or places 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:

1.    The landowner or occupant has requested an inspection;
2.    A neighboring landowner or occupant has reported a suspected noxious weed infestation and requested an inspection; or
3.    An authorized agent of Pueblo County has made a visual observation from a public right-of-way or area and has reason to believe that a noxious weed infestation exists.
 

B. Before entering upon the premises for such inspection, the County Weed Coordinator shall send a Notice to the landowner via certified U.S. mail, return receipt requested, addressed to him or her at his or her last known address as indicated on the County's assessment roll, and to the occupant also via certified U.S. mail, return receipt requested that such an inspection is pending. The inspection shall be scheduled and conducted with the concurrence of the landowner and occupant.

C. Said Notice shall be deemed issued by mailing the same.  In the event the landowner or occupant shall fail or refuse to accept the certified letter, the County Weed Coordinator, in cooperation with the Pueblo County Sheriff's Office, shall have authority to serve the Notice upon the landowner and/or occupant in the same manner as provided in Rule 4 of the Colorado Rules of Civil Procedure.  Receipt of the Notice shall be established by the signature of the receiving party upon the return receipt or a copy of the Notice, or by successful service by the Pueblo County Sheriff's Office.

D.    If the landowner or occupant denies access to the County, the County may seek an inspection warrant issued by a judge of the Pueblo County Court or another court of competent jurisdiction. In so doing, the County must file an affidavit stating:.

1.    The information giving the County reasonable cause to believe that any provision of Title 35, Article 5.5, C.R.S. is being or has been violated;
2.    That the landowner or occupant has denied access to the County;
3.    A general description of the location of the affected land.

E.    If the presence of a noxious weed infestation on the land is confirmed by the County or its agent, pursuant to such inspection, the County shall issue a Notice and Order to the landowner, via certified U.S. mail, return receipt requested, addressed to the owner at his or her last known address as indicated on the County's assessment roll, and to the occupant, also via certified U.S. mail. The Notice and Order shall:
1.    Name the noxious weeds;
2.    Advise the landowner or occupant to manage the noxious weeds; and
3.    Specify the best available control methods of integrated management.
 

F.    Said Notice and Order shall be deemed issued by mailing the same. In the event the landowner or occupant shall fail or refuse to accept the certified letter, the County Weed Coordinator, in cooperation with the Pueblo County Sheriff's Office, shall have authority to serve the Notice and Order upon the landowner and/or occupant in the same manner as provided in Rule 4 of the Colorado Rules of Civil Procedure. Receipt of the Notice and Order shall be established by the signature of the receiving party upon the return receipt or a copy of the Notice and Order, or by successful service by the Pueblo County Sheriff's Office.

G.    Not longer than ten (10) days following the receipt of said notice, the landowner or occupant shall either:
1.     Comply with the terms of the notice;
2.     Acknowledge the terms of the notice and submit an acceptable plan and schedule for completion of the plan for compliance; or
3.     Request an arbitration panel to determine the final management plan.

H.    In order to develop an acceptable plan, the landowner or occupant may consult with the Pueblo County Weed Coordinator, CSU Cooperative Extension and other entities listed under the Technical Assistance section of the Pueblo County Weed Management Plan, as the same is amended from time to time. Any such plan must be approved by the Pueblo County Weed Coordinator. (Ord. 15 § 6)