Title 8 HEALTH AND SAFETY
Chapter 8.20 MANAGEMENT OF NOXIOUS WEEDS
8.20.090 Administrative entry and seizure warrant.
A. No entry upon private property for
the purpose of eradication or management of the noxious weeds shall be made
until an administrative entry and seizure warrant has been obtained from the
Pueblo County Court or another court of competent jurisdiction.
B. A sworn or affirmed affidavit shall be prepared
and submitted, along with photographs and/or supporting documents, to the
court. Said documents shall include a copy of the Notice and Order issued to
the owner, a copy of the signed return receipt on the certified mail, or
other proof of service, and a copy of the arbitration panel’s decision
directing the eradication or management of the noxious weeds, if applicable.
Said affidavit shall establish the factual information necessary for the
issuance of a warrant, including a reasonably specific description of the
location of the property, a description or depiction of the noxious weed
infestation, and the method to be employed for accomplishing eradication or
management of the noxious weeds.
C. Notice of the warrant shall be
served in accordance with the directions of the issuing court and shall be
served within ten (10) days following the court's issuance of the warrant. A
copy of the issued warrant shall be personally served or mailed via
certified U.S. mail, return receipt requested, to the landowner and
occupant. Proof of service of the warrant or a copy of the signed return
receipt on the certified mail shall be submitted to the issuing court.
D. In the event that the landowner or
occupant fails to comply with the terms of the original Notice and Order,
issued pursuant to Section 6 above, or with the plan developed by the
arbitration panel within ten (10) days of service or mailing of the warrant,
then such warrant may be executed in accordance with the directions of the
issuing court. Proof of the execution of the warrant shall be submitted to
the issuing court and a copy thereof served or mailed to the landowner and
occupant, in the same manner as provided for in subsection (C) of this
section.
E. Upon completion of the matter, the County
Weed Coordinator shall inspect the property in the same manner provided for
in Section 8.20.060 (B) through (D) and provide a comprehensive written
report to the Board on its findings, no later than thirty (30) days
following the completion of the work to eradicate or manage the noxious weed
infestation. This report shall include a detailed itemization of all costs
included and/or incurred in relation to carrying out the provisions of this
chapter. (Ord. 15 § 9)