A.     If the landowner or occupant requests an arbitration panel, as set forth in Section 8.20.060(E), the Board shall select an arbitration panel comprised of:

1.    A weed management specialist or weed scientist;
2.    A landowner of similar land in the same county; and
3.    A third panel member chosen by agreement of the first two members.
 

B.     The landowner or occupant shall be entitled to challenge any one member of the panel, and the Board shall name a new panel member from the same category.

C.      No less than ten (10) days prior to the date of the arbitration hearing, the Pueblo County Weed Coordinator, or his or her designee, shall mail notice of the date and place of the hearing via certified U.S. mail, return receipt requested, to the landowner and occupant, and any other party who has expressed an interest in the matter. The landowner and/or occupant shall have a full and fair opportunity to present any relevant evidence, including the testimony of witnesses, to the arbitration panel in order to establish why the Notice and Order should not be enforced or should be delayed in its enforcement. Interested County staff, including the County Weed Coordinator, any governmental agency or any other interested party shall have the same opportunity to present evidence, including the testimony of witnesses. The arbitration panel shall consider all such evidence and testimony in reaching its decision in accordance with this Ordinance and C.R.S. 35-5.5-101 et. seq.

D.    The determination of the acceptable plan and method for the eradication or management of the noxious weeds shall be in the discretion of the arbitration panel.

E.    The decision of the arbitration panel shall be final.  (Ord. 15 § 7)