Chapter 8.20 MANAGEMENT OF NOXIOUS WEEDS
B. require all residents and entities in Pueblo County to manage such infestations. (Ord. 15§ 1)
The Board of County Commissioners has assigned the Pueblo County Weed Coordinator of his or her designee to be the Central Authority governing all aspects of weed management. All request, concerns or comments concerning weed management shall be directed in wirting to the County Weed Coordinator for action consistent with the terms and conditions of this Ordinance. (Ord. 15 § 2)
Words and terms contained in this chapter are defined and construed according to the definitions set forth in Part 1 of Article 5.5 of Title 35, C.R.S., as amended from time to time, or according to their ordinary meanings, if not therein defined. (Ord. 15 § 3)
C. No such management shall be compelled until the county has first applied the same or greater management measures to any land or rights-of-way owned or administered by the County that are adjacent to the private property an issue. (Ord. 15 § 4)
C. It shall be unlawful for any person to interfere with or hinder the board, or its authorized representatives, in the discharge of their duties as herein prescribed. Any such interference or hindrance shall constitute a violation of this chapter. (Ord. 15 § 5)
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.
2. That the landowner or occupant has denied access to the County;
3. A general description of the location of the affected land.
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.
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)
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.
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)
C. The County shall not 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 and Order issued pursuant to Section 8.20.060, or the management plan developed by the arbitration panel has been successfully achieved. (Ord. 15 § 8)
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)
All assessments, fees, penalties, fines, and other costs connected with any violation of this chapter, and all monies collected by, or on behalf of, Pueblo County pursuant to this chapter shall be paid over to the Pueblo County Treasurer immediately upon receipt thereof by the individual or entity receiving such monies. Upon receipt of such monies, the Treasurer shall deposit the same into the Pueblo County Weed Fund or any similar fund. (Ord. 15 § 10)
B. The Board hereby designates the County Attorney, or his/her designee, as the County's legal representative in the enforcement of the provisions of this Ordinance in any court of applicable jurisdiction. In the event the County Attorney or his/her designee cannot represent Pueblo County or the Board deems it otherwise appropriate, the Board may appoint the District Attorney of the 10th Judicial District to perform such legal enforcement duties in lieu of the County Attorney. (Ord. 15 § 11)
The remedies provided in this Ordinance shall be cumulative and in addition to any other remedies which may be available to the County and its Board. Nothing contained herein shall be construed to preclude the Board from seeking such other remedies in addition to, or in lieu of, the remedies granted herein. (Ord. 15 § 12)
The Board hereby finds, determines and declares that this chapter is necessary for the health, safety, and welfare of the citizens of Pueblo County, Colorado.. (Ord. 15 § 13)