5-10-8: NOXIOUS WEED MANAGEMENT PLAN FOR INDIVIDUAL PROPERTY:
A. The director may notify a landowner or occupant of such lands of the presence of noxious weeds on such lands. Said notice shall name the noxious weeds, advise the landowner or occupant to manage the noxious weeds, and specify the best available control methods of integrated management. Where possible, the town shall consult with the affected landowner or occupant in the development of a plan for the management of noxious weeds on the property.
B. Within a reasonable time after receipt of notification, which at no time shall exceed ten (10) days, the landowner or occupant shall either:
1. Comply with the terms of the notification;
2. Acknowledge the terms of the notification and submit to the director an acceptable plan and schedule for the completion of the plan for compliance; or
3. Request an arbitration panel to determine the final management plan.
C. If the landowner or occupant requests an arbitration panel, the panel shall be selected by the town and shall be comprised of: 1) a weed management specialist or weed scientist; 2) a landowner of similar property in the town; and 3) a third panel member chosen by agreement of the first two (2) panel members. The landowner or occupant shall be entitled to challenge any one member of the panel, and the town shall name a new panel member from the same category. The decision of the arbitration panel shall be final.
D. In the event the landowner or occupant fails to comply with the notice to manage the identified noxious weeds or implement the plan developed by the arbitration panel, the town has the authority to:
1. Provide for and compel the management of such noxious weeds at such time, upon such reasonable notice, and in such reasonable manner as the town shall prescribe by ordinance or resolution; and
2. Assess the whole cost thereof, including up to twenty percent (20%) for inspection and other incidental costs in connection therewith, upon the property where the noxious weeds are located. Such assessment shall be a lien against such 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 provide for or compel the management of noxious weeds on any property pursuant to this section without first applying the same or greater management measures to any property or rights-of-way owned or administered by the town that are adjacent to the property on which the management is to be compelled.
F. The town 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 or the management plan developed by the arbitration panel has been successfully achieved.
G. The director shall have the right to enter upon any public or private property during reasonable business hours for the purpose of ensuring compliance with the requirements of this chapter concerning noxious weed management and any other town requirements. (Ord. 15, Series 2007)