(a) It shall be unlawful for any person who is an owner, lessee or occupant of any real property within the Town to allow the growth of any species or population of weeds designated or recommended for eradication by the Commissioner of the Colorado Department of Agriculture (hereinafter "noxious weeds").

(b) The Town may compel eradication of noxious weeds from private property after first applying the same or greater measures to adjacent land or rights-of-way owned or administered by the Town.

(c) Upon discovery of noxious weeds on land within the Town, the Town shall notify the landowner, lessee and occupant by certified mail. Notice shall name the noxious weeds, state that eradication is required, advise the landowner or occupant to commence eradication efforts within a specified period of time and state the integrated weed management techniques prescribed by the Commissioner for eradication. Where possible, the Town shall consult with the affected landowner, lessee or occupant in the development of a plan for eradication of the noxious weeds. Within five (5) days of the date of mailing of the notification, the landowner, lessee and occupant shall either comply with the terms of the notification, submit an acceptable plan and schedule for eradication, or shall request an arbitration panel to determine the final management plan, pursuant to Section 35-5.5-109(4)(b), C.R.S. In the event that the landowner, lessee or occupant fails to comply within five (5) days of the mailing of the notice, the Town may take steps to eradicate the weeds from the property. An arbitration panel appointed pursuant to this Section shall be made up of a weed management specialist or scientist, a landowner of similar land within the Town and a third panel member chosen by agreement of the first two (2) panel members. The decision of the arbitration panel shall be final and not appealable.

(d) Eradication means reducing the reproductive success of a noxious weed species or a specified noxious weed population in largely uninfested regions to zero and permanently eliminating the species or population within a specified period of time. Once all specified weed populations are eliminated or prevented from reproducing, intensive efforts shall continue until the existing seed bank is exhausted.

(e) Landowners whose property is affected by noxious weeds shall bear the entire cost of eradication of noxious weeds, including the costs incurred by the Town for inspection, eradication, administration, attorney’s fees, and all other costs incident to eradication. The Town may assess against real property and its owner the entire cost of inspection, eradication and other incidental costs and fees in connection with eradication of noxious weeds, and the Town shall have the power to levy a tax lien against such property for such costs, pursuant to Section 35-5.5-108.5(9)(II), C.R.S.

(f) A landowner who has obtained a waiver of compliance from the Department of Agriculture shall not be required to comply with this Section.

(g) After a public hearing with thirty (30) days’ prior notice, the Board of Trustees may designate additional noxious weeds subject to the conditions and requirements of this Section. The Board of Trustees shall include management objectives for any additional noxious weeds not designated as noxious weeds by the Colorado Department of Agriculture.

(h) The Town, through its delegates, agents or employees, may enter upon private premises for the purposes of inspecting for noxious weeds after obtaining verbal permission from the landowner or occupant, or after obtaining an inspection warrant from a municipal, county or district court pursuant to Section 35-5.5-108.5(5), C.R.S.

(i) The Town, through its delegates, agents or employees, shall have the right to enter upon any premises, lands or places during reasonable business hours for the purpose of ensuring compliance with noxious weed eradication.

(j) In addition to liability for costs of eradication and costs incident thereto, including attorney’s fees, a person who violates this Section may be subject to a civil penalty not to exceed one thousand dollars ($1,000.00) per violation, except that the penalty may be doubled if the person has violated this Section more than once. Prior to imposition of a penalty, the person shall receive written notice and an informal hearing before the Town Manager. This Section is exempted from the penalty provisions in Subsection 10-7(c) of this Code, and the provisions of this Subsection hereby supersede such penalty provisions.

(k) A person may appeal an adverse decision made pursuant to this Section by filing a written request with the Town Clerk for an informal appeals hearing before the Town Manager. The Town Manager may, in his or her discretion, designate an appeals panel to hear the appeal. Failure to file a request for appeal within thirty (30) days shall be deemed a waiver of the right to appeal and a failure to exhaust administrative remedies pursuant to C.R.C.P. Rule 106.

(l) The decision of the Town Manager or his or her designees may be appealed to the Board of Trustees by filing a written notice of appeal with the Town Clerk within ten (10) days of the Town Manager’s decision. Failure to file a written notice of appeal shall be deemed a waiver of the right to appeal and a failure. to exhaust administrative remedies pursuant to C.R.C.P. Rule 106.

(m) It shall be a violation of this Section for any person to do any act which is forbidden or declared to be unlawful, or to fail to do or perform any act required in this Section. In addition to any of the remedies stated herein, the Town Attorney, acting in behalf of the Board of Trustees, may institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violations. The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies. For violations of this Section, the Town may impose assessments for costs of noxious weed eradication and costs incident thereto, including attorney’s fees. A person who violates this Section may be subject to a civil penalty not to exceed one thousand dollars ($1,000.00) per violation, except that the penalty may be doubled if the person has violated this Section more than once. This Section is exempted from the penalty provisions in Subsection 10-7(c) of this Code, and the provisions of this Section hereby supersede such penalty provisions. (Ord. 705 §§1, 2, 2003; Ord. 1088 §1, 2012)