HomeMy WebLinkAboutR94-148 amending weed management planCommissioner �Y2 _ moved adoption
of the following esolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 94-
IN RE THE MATTER OF AMENDING THE
EAGLE COUNTY WEED MANAGEMENT PLAN
FOR THE UNINCORPORATED AREAS OF EAGLE COUNTY
WHEREAS, the Board of County Commissioners of the County of
Eagle, State of Colorado (hereinafter "Board "), has authority to
adopt an undesirable plant management plan for all of the unincor-
porated lands within the county pursuant to C.R.S. §35 -5.5 -105; and
WHEREAS, the Board adopted the Eagle County Weed Management
Plan, by Resolution 92 -41, on April 13, 1992 ( "Plan "); and
WHEREAS, the Board finds that the control of undesirable
plants is in the best interest of the continued economic and
environmental value of the lands within Eagle County; and
WHEREAS, applicable state law and the Plan place the primary
responsibility for the contol of undesireable plants on individual
landowners; and
WHEREAS, the Eagle County Weed & Pest Department has recom-
mended that it be given powers to enforce compliance with the Plan;
and
WHEREAS, the Board is authorized by C.R.S. § §35 -5.5- 109(5) and
113 to provide for and compel the control of undesireable plants;
and
WHEREAS, having reviewed the recommended enforcement proce-
dures in light of the Plan, the Board finds it to be in the best
interest of the County to provide for enforcement of the Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Eagle County Weed Management Plan adopted by
Resolution No. 92 -41 on April 13, 1992, be amended by addition of
the provisions set forth on Exhibit "A attached hereto and
incorporated herein by this reference, which provisions are hereby
adopted.
4
THAT, the Board hereby finds, determines and declares that
this Resolution is necessary for the health, safety and welfare of
the citizens of Eagle County
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, this day of
1994.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
nnette Phillips, Clpirm ar
Commissioner seconded adoption of the
foregoing resolution. The' roll having been called, the vote was as
follows:
Commissioner Johnnette Phillips cr R
Commissioner George A. Gates
Commissioner James E. Johnson, Jr.
This Resolution passed by a -O vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
\.c=s ' .res g6_( (9 8
County Commissioners
George . Gate g, C6mmissioner
VI. Management Methods: See Appendix A
A. Non - compliance:
Private Lands:
a. If, following inspection pursuant to
C.R.S. §35- 5.5- 109(1), land is found to
contain designated undesirable plants, the
landowner shall be given written notice,
personally or by certified mail. The notice
shall name the undesirable plants, identify
the location of the plants, advise the
landowner to control the undesirable plants,
and specify the best available control methods
of integrated management. The notice shall
offer to consult with the landowner in the
development of a management plan for the
control of undesirable plants on the land.
The notice also shall state that the landowner
shall, within a reasonable time not to exceed
ten days, either (I) comply with the terms of
the notification, (II) acknowledge the terms
of the notification and submit an acceptable
plan and schedule for the completion of the
plan for compliance; or (III) request an
arbitration panel to determine the final
management plan.
b. If the landowner chooses action option I,
the Weed and Pest Department will reinspect
the land to confirm compliance.
C. If the landowner chooses action option
II, the Weed and Pest Department will review
the proposed weed management plan and
determine its efficacy. If the plan is
acceptable, no further action will be taken
except to monitor compliance, including
reinspection.
d. If the landowner chooses action option
III, an arbitration panel will be selected by
the Board of County Commissioners and a
hearing shall be set for a time and date as
soon as practicable after the panel is
complete. The Weed and Pest Department shall
give written notice, personally or by mail,
of the hearing Lo any complainant. The
landowner is entitled to appear before the
panel, individually and /or by representative,
as is any complainant. The arbitration panel
will be required to determine the final
management plan within not more than two
calendar weeks after the hearing is completed.
e. If the landowner fails to comply with the
notice to control the designated undesirable
plants, fails to submit an acceptable
management plan, fails to comply with an
accepted management plan or fails to comply
with a management plan as determined by the
arbitration panel, the property shall be
deemed to be a public nuisance for which the
remedies for abatement of a public nuisance
shall be available as provided in C.R.S. §35-
5.5 -113, and the Weed & Pest Department shall
give written notice thereof to the landowner
by personal delivery or by certified mail
which notice will include (i) description of
the land, (ii) name of the undesirable plants,
and their location(s) on the land, (iii) date
the Weed & Pest Department will perform weed
control on the land, (iv) method of control to
be applied, (v) a statement that the land will
be assessed the entire cost of the weed
control plus 15% surcharge for the cost of
inspection and other incidental costs, which
total will be a lien on the land (or the tract
of which it is a part) until paid, and (vi) a
statement that should the landowner refuse
admission to the land for application of the
weed control, the County will seek civil
and /or criminal penalties and court - enforced
abatement of a public nuisance.
f. Whenever the land is known to the Weed &
Pest Department to be occupied by someone
other than the record owner, written notices
also shall be given to the occupant, and the
occupant shall be informed that C.R.S. §35-
5.5 -109 imposes on occupants the same
responsibilities for undesirable plant control
as it imposes on landowners.
g. Whenever notice 'is given by mail, it
shall be deemed given when deposited in a
regular depositary of the United States Postal
Service, postage prepaid. Notice to
landowners shall be mailed to the last known
address as shown in the County's Assessment
Roll unless the landowner has provided the
Weed & Pest Department a different address for
notice. Notice to occupants shall be mailed
to the land's physical address unless the
occupant has provided the Weed & Pest
Department a different address for notice.
2. Public Lands:
Per C.R.S. §35-5.5 -110
r \weed.exh