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)