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A. Subject to the requirements and limitations of this section, the director shall have the right to enter upon any premises, lands or places, whether public or private, during reasonable hours for the purpose of inspecting for the existence of noxious weed infestations when at least one of the three (3) circumstances described in section 5-10-5 of this chapter are present.

B. No agent or employee of the town shall enter upon any property to inspect for noxious weeds without the permission of the landowner or occupant, or without an inspection warrant issued pursuant to this section.

C. If verbal permission to inspect the property from the affected landowner or occupant is not obtained, the town shall send written notice to the landowner and any occupant of the property advising that the director desires to inspect the property for noxious weeds. The notice may be sent to the landowner at the address to which tax notices are sent according to the records of the Summit County treasurer, and to the occupant at the property address. Where possible, inspections shall be scheduled and conducted with the concurrence of the landowner or occupant.

D. If permission to enter upon and inspect the property is not obtained within ten (10) days after the notice described in subsection C of this section has been mailed, the director may request that an inspection warrant be issued by the municipal court. The municipal court shall issue an inspection warrant upon presentation by the director of an affidavit satisfying the requirements of rule 241(b)(2) of the Colorado municipal court rules of procedure. The municipal court may issue an areawide inspection warrant pursuant to this section unless otherwise prohibited by law.

E. It shall be unlawful for a landowner or occupant to deny the director access to the property owned by the landowner or occupied by the occupant if the director presents an inspection warrant issued pursuant to this section. (Ord. 15, Series 2007)