5-10-7: TOWN AUTHORITY TO COMPEL ERADICATION OF CERTAIN NOXIOUS WEEDS:
A. The town may require that any A species noxious weed or B species noxious weed as described in the town's noxious weed management plan be eradicated by the landowner of the property upon which such weeds are found.
B. The town shall notify the landowner or occupant of lands upon which A species or B species of noxious weeds as described in the town's noxious weeds management plan are to be eradicated. Such notice shall be sent to the landowner by certified mail to the address to which tax notices are mailed as shown in the records of the Summit County treasurer, and to the occupant at the property address. The notice shall: 1) name the noxious weeds which are located on the property; 2) identify eradication as the required management objective; 3) advise the affected landowner or occupant to commence eradication efforts within a specified period or condition; and 4) state the integrated weed management techniques prescribed for eradication. Where possible, the town shall consult with the affected landowner or occupant in the development of a plan for the eradication of noxious weeds on the property.
C. A landowner shall comply with the terms of the notification, or submit to the director an acceptable plan and schedule for the completion of the management objective within ten (10) days after the director mails the notice described in subsection B of this section.
D. In the event the affected landowner or occupant fails to comply with the notice to eradicate the identified noxious weeds and implement an appropriate eradication program within ten (10) days after the notice is mailed as described in subsection B of this section, the town shall:
1. Provide for and complete the eradication of such noxious weeds at such time, upon such reasonable notice, and in such reasonable manner consistent with achieving the management objective as the director deems appropriate; and
2. Assess the whole cost of the eradication, including up to one hundred percent (100%) of inspection, eradication, and other incidental costs in connection with eradication, upon the property where the noxious weeds are located. Such assessment shall be a lien against the property until paid and shall have priority over all other liens except general taxes and prior special assessments. Such assessment may be certified by the town council to the Summit County treasurer and collected and paid over in the same manner as provided for the collection of taxes. All laws of the State of Colorado relating to the assessment and collection of general taxes shall apply, including the laws for the sale of property for taxes and redemption of property. Any funds collected pursuant to this section shall be utilized in furtherance of the town's weed management efforts, or for such other purpose as the town council shall determine.
E. The town shall not compel the eradication of the noxious weeds on public or private property pursuant to this section without first applying the same measures to any property or rights-of-way owned or administered by the town that are adjacent to the property on which the eradication is to be compelled.
F. The director shall have the right to enter upon any property during reasonable business hours for the purpose of ensuring compliance with the requirements of this section concerning noxious weed eradication. (Ord. 15, Series 2007)