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A. The municipal court judge shall issue an inspection warrant authorizing the inspection of property located within the town pursuant to this chapter upon presentation by the director of an affidavit satisfying the requirements of rule 241(b)(2) of the Colorado municipal court rules of procedure; provided, however, that when issuing an areawide inspection warrant pursuant to subsection B of this section the municipal judge shall not require a showing that the owner or occupant of the property to be inspected has refused entry to the town inspector or that the premises are locked and the town inspector has been unable to obtain permission of the owner or occupant to enter.

B. The municipal court judge shall issue an areawide inspection warrant for two (2) or more properties upon a finding that:

1. The town has established and currently maintains a program to inspect properties throughout the town for beetle infested trees.

2. There are a significant number of publicly and privately owned lands within the town that need to be inspected for beetle infested trees, and an urgent public need to implement the provisions of this chapter.

3. Because of the significant number of properties that need to be inspected it is not practical for the town to attempt to obtain the individualized permission from each affected landowner before going onto the property to inspect for beetle infested trees.

4. Requiring the town to first attempt to obtain permission from the numerous landowners within the area to be inspected would frustrate the purpose of an areawide inspection warrant; would create an undue delay in the performance of the necessary inspections for beetle infested trees; would be an unreasonable burden and precondition to the issuance of an areawide inspection warrant; and, as a result, would jeopardize the public health, safety and welfare.

5. No good reason exists to require the town to first seek the permission of the landowners of lands to be included in an areawide inspection warrant, and there is no need to impose such a requirement on the town as a precondition to the issuance of the requested inspection warrant.

C. An inspection warrant issued pursuant to this chapter shall contain the following conditions:

1. The inspector shall attempt to verbally notify the affected landowner or occupants prior to beginning the inspection. This shall be done by knocking on the front door of any building located on the property and, if the landowner or an occupant is present, the inspector shall present his or her credentials identifying the inspector as an employee or agent of the town. The inspector shall also explain to the property landowner or occupant the purpose of the inspection. If: a) neither the landowner nor an occupant is home when the inspector goes to inspect the property; b) the building is locked; or c) the property consists of unimproved property, no notice shall be required prior to the inspector entering the property to inspect for beetle infested trees.

2. No town inspector acting pursuant to an inspection warrant shall enter any residence, building, or structure located upon any property without the permission of the landowner or occupant.

D. The municipal judge may impose such other conditions on an inspection warrant as may be necessary in the judge's opinion to protect the private property rights of the landowner of the property to be inspected, or to otherwise make the warrant comply with applicable law. (Ord. 12, Series 2009)