ORDINANCE NO. 2024-OO2
AN ORDINANCE FOR THE REGULATION OF NOXIOUS WEEDS BY THE BOARD OF COUNTY COMMISSIONERS OF ARCHULETA, COUNTY, COLORADO, REPEALING ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
WHEREAS, in Archuleta County, Colorado ("County"), noxious weeds are, or may in the future be detrimental to the public health, safety, welfare, and comfort of the citizens of Archuleta County; and,
WHEREAS, noxious weeds have been demonstrated to bring harm to agriculture, public health, transportation, irrigation, wildlife, natural resources, and the environment. Noxious weeds constitute a present threat to the continued economic and environmental value of lands and to the natural resources of Archuleta County; and,
WHEREAS, the Colorado Noxious Weed Act ("CNWA"), C.R.S. § 35-5.5-101 et. seq, requires the management of all noxious weeds on public and private land; and,
WHEREAS, the Archuleta County Board of County Commissioners ("Board") is charged with providing a comprehensive mechanism for identifying, abating, and compelling the integrated management and control of noxious weeds; and,
WHEREAS, pursuant to the CNWA, the Board has the authority to adopt ordinances, including compelling and providing for the removal of noxious weeds within unincorporated Archuleta County; and,
WHEREAS, The Board approved and adopted an Amended and Restated Noxious Weed Ordinance through Ordinance 20-2018 on March 15, 2022; and,
WHEREAS, The Board desires to rescind the Ordinance 20-2018 and adopt this Archuleta County Noxious Weeds Ordinance in its stead.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY, COLORADO AS FOLLOWS:
1. This Ordinance shall be titled the "Archuleta County Noxious Weeds Ordinance".
2. This Ordinance shall apply to all surface real property ("Land") within the unincorporated territory of Archuleta County, Colorado.
3. Every Owner and Occupant of real property within unincorporated Archuleta County is required to manage Noxious Weeds on their Land and is subject to the requirements of the CNWA and this Ordinance.
4. When possible, the County, through the Weed and Pest Supervisor, shall consult with the Owner or Occupant in the development of a management plan for the abatement of Noxious Weeds on their Land.
I. Definitions
1. "Archuleta County Weed Management Plan" ("County Weed Management Plan") means the then current guide for Noxious Weed control, which was developed by the Archuleta County Weed Advisory Board and approved by the Board.
2. "Weed and Pest Supervisor" as used herein means that County employee responsible for enforcement of this Ordinance or their designee or other authorized representative of the County.
3. "Weed Management Plan" means the guide for Noxious Weed control developed by an Owner or Occupant that seeks methods that are least environmentally damaging and most practical and economically reasonable. Methods of control include cultural, mechanical, biological, and chemical controls to eradicate and manage Noxious Weeds.
4. "Management" means any activity that prevents a plant from establishing, reproducing, or dispersing itself. Management objectives may include eradication, containment, suppression, and/or restoration, as those terms are defined in the CNWA.
5. "Noxious Weed" means an alien plant or parts of an alien plant that has been designated by rule as being noxious or has been declared a noxious weed by the Archuleta County Local Weed Advisory Board via the County Weed Management Plan. Noxious weeds bring harm to agriculture, public health, transportation, irrigation, wildlife, natural resources, and/or the environment.
6. "Person" or "Occupant" means an individual, partnership, corporation, association, or federal, state, or local government or agency thereof, owning, occupying or controlling any land, easement, or right-of-way, including any city, county, state, or federally owned and controlled highway, drainage or irrigation ditch, spoil bank, borrow pit, gas and oil pipeline, high voltage electrical transmission line, or right-of-way for a canal or lateral.
7 . "Owner" means the surface owner of record of Federal, state, county, municipal, or private land.
8. The County also adopts herein by reference the terms defined by the CNWA.
II. Inspection
1. All Land within unincorporated Archuleta County is subject to inspection for Noxious Weeds by the Weed and Pest Supervisor or their designee or other authorized representative, and if necessary, to enforcement pursuant to this Ordinance, when at least one of the following events has occurred:
a. The Owner or Occupant has requested the inspection;
b. A neighboring landowner or occupant has reported suspected Noxious Weeds; or,
c. The Weed and Pest Supervisor or another authorized agent of the County has made a visual observation from a public right-of-way or area and has reason to believe that Noxious Weeds exist.
2. Notice of Inspection.
a. When possible, inspections will be scheduled and conducted with the permission of the Owner or Occupant of the Land.
b. If verbal or written permission to inspect the Land by the Owner or Occupant is not obtained, no entry upon the Land will occur until the County has attempted to notify the Owner and Occupant that such inspection is needed. Notice shall be by certified mail.
c. The County will make reasonable efforts to notify all Owners and Occupants of Land; however, nothing shall require the County to send an inspection notification or any other notification required under this Ordinance to all Owners or Occupants of Land. Notice to at least one Owner or Occupant is sufficient.
3. Inspection Warrant. If the Owner or Occupant does not respond to a Notice of Inspection within ten (10) days from the date of the Notice, or if the Owner or Occupant denies access for inspection, the Weed and Pest Supervisor may seek an inspection warrant issued by a county or district court having jurisdiction over the Land, pursuant to C.R.S. §§ 35-5.5-108.5(5)(b) and 109(1-2), as they may be amended from time to time.
4. No Owner or Occupant shall deny access to the authorized agent of the County in possession of an inspection warrant. If the Owner or Occupant is not present at the time of the inspection as provided in the warrant, the County may proceed with the inspection and shall post a copy of the warrant on the Land at the time of the inspection.
5. An Owner shall notify any Occupant of Land subject to inspection and enforcement under this Ordinance of all notices of inspection and eradication efforts as soon as practicable.
III. Abatement
1. Noxious Weed Declared. If, after inspecting the Land, Noxious Weeds are determined to exist then the following abatement procedures shall be followed.
2. Notice. A written Notice of Violation ("NOV") that documented Noxious Weeds exists shall be mailed, by certified mail, to the Owner or Occupant.
3. Service Defect Not Fatal. Failure or refusal of the Owner or Occupant to receive the NOV does not affect the right of the County to seek abatement, inspection, prosecution, or any other remedy.
4. Contents of Notice. The NOV shall, at a minimum, contain the following:
a. A description of the Noxious Weeds.
b. Advise the Owner or Occupant to manage the Noxious Weeds and/or identify eradication as the required management objective.
c. Specify the best available methods of integrated management or eradication.
d. Advise the Owner or Occupant to commence management or eradication efforts within a specified period of time or upon a specified condition.
e. A statement that the recipient of the NOV may appeal the NOV and a description of how to appeal the NOV.
5. Within ten (10) days after the County mails the NOV, the Owner or Occupant shall comply with the terms of the NOV or submit to the County an acceptable management plan and schedule for the completion of the specified management objective.
6. Once an NOV has been sent or a final management plan established, the Weed and Pest Supervisor shall have the right to perform routine inspections of the property during regular County business hours, upon giving reasonable prior notice to the Owner or Occupant, until the level of management specified in the management plan is achieved.
7. Once the Weed and Pest Supervisor determines that the required level of management has been achieved, the County shall notify the Owner or Occupant of that fact, and that compliance with the management plan is no longer required, although it may be encouraged.
IV. Appeal
1. Appeal to Weed and Pest Supervisor. The Owner or Occupant, with the written authority of the Owner, may contest the NOV by filing an appeal in writing with the Weed and Pest Supervisor.
2. Service of Appeal to Weed and Pest Supervisor. All appeals must be either hand-delivered to the Archuleta County Weed and Pest Department or sent to that office by Certified Mail, within ten (10) days following the mailing, hand-delivery, or posting of the NOV.
3. Determination of Appeal to Weed and Pest Supervisor. The Weed and Pest Supervisor shall provide a written response to any appeal within ten (10) days after receipt. The written response shall be served on the appealing party via regular mail or e-mail if an e-mail address is provided.
4. The response by the Weed and Pest Supervisor may include, but is not limited to, based upon a proposed abatement plan, an extension of the period allowed for abatement or may present a counter-proposal to the Owner to secure abatement.
V. Arbitration
1. Arbitration. If an Owner of Occupant is not satisfied with the decision of the Weed and Pest Supervisor, the Owner or Occupant, with written authority of the Owner, may request arbitration to determine the final management plan to be implemented as a result of an NOV. No other issue may be arbitrated. If arbitration is requested, the following procedures will be followed.
a. All requests for arbitration must be either hand-delivered to the Archuleta County Weed and Pest Department or sent to that office by Certified Mail, within ten (10) days following the determination of appeal by the Weed and Pest Supervisor.
b. The County shall select an arbitration panel comprised of a weed management specialist or weed scientist, a landowner of land in the county similar to the subject Land, and a third-panel member chosen by agreement of the first two panel members.
c. The Owner or Occupant shall be entitled to challenge any one member of the panel, and in that event, the County shall name a new panel member from the same category. The Owner or Occupant shall be entitled to only one such challenge.
d. If the Owner or Occupant chooses to exercise the right to challenge any one of the proposed arbitration members, the Owner or Occupant shall do so by filing a written challenge with the Weed and Pest Supervisor no later than three (3) business days after written notice of the proposed panel is sent to the Owner or Occupant.
e. The challenge shall specify the member being challenged and the reason for the challenge, and shall provide the names, addresses and telephone number(s) of two proposed panel members to substitute for the challenged member who meets the required qualifications for that member. The County may select one of the proposed members unless the County believes neither is sufficiently qualified or objective.
f. The County shall convene the arbitration panel at the soonest possible date. Disclosures, presentation of evidence, and rules of procedure shall be as established by the panel.
g. The arbitration panel shall render its decision on the required management plan within ten (10) days after the final date on which the panel convenes, unless all parties agree to a longer time.
2. Stay of Enforcement. No further legal action shall be taken regarding the NOV during any period between the filing of an appeal and/or request for arbitration and service of the determination of the appeal or arbitration panel.
3. The decision of the arbitration panel shall be final. The arbitration panel may assess all costs associated with convening the arbitration panel to the Owner or Occupant.
VI. Failure to Comply with Notice of Violation
1. Remedies of Law. If an Owner or Occupant fails to respond or comply with an NOV, or otherwise comply with the CNWA and/or this Ordinance, the County may seek any and all available remedies under the law or equity to abate the conditions which constitute a violation. Remedies include, but are not limited to:
a. Provide for and compel or complete the management and/or eradication of the Noxious Weeds at such time, upon such notice, and in such manner consistent with achieving the management objective as the County deems appropriate.
b. Declare the Noxious Weeds to be a public nuisance and upon such declaration take such action, including management, removal, and destruction as the County in its discretion deems necessary, pursuant to C.R.S. § 35-5.5-113, as amended from time to time.
c. Seek civil penalties through an action in County Court, pursuant to C.R.S. § 35-5.5-118.5, as amended from time to time. A civil penalty shall be no less than five hundred dollars and no more than one thousand dollars. Each day the violation continues is a separate offense and subject to a civil penalty of no more than one hundred dollars.
d. Seek prosecution as a civil infraction pursuant to the CNWA and C.R.S. §§ 30-15-402 and 410, as amended from time to time.
i. Summons and Complaint. A summons and complaint may be issued by the County Sheriff or his deputies upon receipt of a sworn statement.
ii. Fine. Violation(s) of the provisions of this Ordinance shall be punishable by a fine of up to one thousand dollars ($1000) per day.
iii. How Paid. All fines, inspection fees, costs and forfeitures (except surcharges) for the violation of these regulations shall be paid to the Treasurer of Archuleta County not later than thirty (30) days after imposition.
e. Seek an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove an ongoing violation.
2. Each day that a violation continues is a separate offense.
3. Except for any surcharges or court costs collected by a court, any fines, fees, penalties, or costs must be transmitted to the County treasurer.
4. If the County provides for and completes the eradication of the Noxious Weeds, the County may assess the whole cost of the eradication, including administration, inspection, eradication, and other incidental costs, upon the affected land pursuant to C.R.S. §§ 35-5.5-108.5(9)(a)(II) and 109(5)(a), as amended from time to time.
5. Abandonment, Vacancy not a Defense. It shall not be a defense to any enforcement action that the property is vacant, abandoned, foreclosed, under contract, boarded up, or otherwise enclosed, unoccupied, or encumbered.
VII. General Provisions.
1. For purposes of this Ordinance, the date of receipt if mailed shall be the third business day after the date on which the notification is mailed or the date of actual posting or hand delivery.
2. Supplement to Existing Law. The remedies provided for herein are supplemental and complementary to all of the provisions of State and Federal law, and nothing herein shall be read, interpreted, or construed in any manner to limit any existing right or authority of the County to abate and compel removal of any and all Noxious Weeds.
3. Cumulative. The remedies provided shall be cumulative and in addition to any other remedies, which may be available to the County, including but not limited to injunctive actions. Nothing contained herein shall be construed to preclude the Board from seeking such other remedies in addition to, or in lieu of, the remedies herein specified.
4. The Board of County Commissioners hereby finds, determines and declares that these regulations are necessary for the health, safety, and welfare of the citizens of Archuleta County, Colorado.
5. Severability. If any section, subsection, clause or phrase is, for any reason, held to be invalid, such holding shall not affect the validity of the remaining portions of these regulations.
6. Conflicting Provisions. Where any provision of this Ordinance conflicts with any other provision of this Ordinance or any other law, the more stringent requirement, regulation, restriction or limitation shall apply.
7. This Ordinance shall be effective thirty days after publication pursuant to C.R.S. § 30-15-405.
8. The County Clerk shall certify to the passage of this Ordinance and make it available for inspection by the public during regular business hours.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY, STATE OF COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD ON THE I9TH DAY OF NOVEMBER 2O24.
BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY, STATE OF COLORADO
By: /s/ Veronica Medina
Veronica Medina, Chair
I hereby certify that the above Ordinance was introduced to the Board of County Commissioners of Archuleta County, State of Colorado, at its meeting of November 19, 2024, and ordered to be published one time in full in The Pagosa Sun newspaper and on the County website.
ATTEST:
By: /s/ Kristy Archuleta by Tonya McCann, Deputy Clerk
Kristy Archuleta
Published November 28, 2024 The Pagosa Springs SUN. (251586)
