Colorado Code § 35-5-104

Pest control district - procedure to establish
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(1) Whenever twenty-five
percent of the resident landowners and resident lessees within a contiguous territory desire to
form a pest control district, as defined in this subsection (1), they may file a petition for that
purpose with the board of county commissioners of the county in which the land is located. Such
petition shall be addressed to the board of county commissioners of such county, and shall
contain a description of the boundaries of the proposed district and a description of the land of
each person signing such petition, and shall state that the said proposed district has been invaded,
or is in danger of being invaded, by noxious weeds, insect pests, or plant diseases injurious to
agricultural crops, trees, fruits, or pasture, and shall name the specific pests or diseases against
which said petitioners desire to be protected, and shall state the termination date of the proposed
district. Such petition shall be signed by each resident landowner and resident lessee joining in
the petition by his proper signature, together with his address, and the date of the petition shall
be the date of its filing in the office of the board of county commissioners. Any petitioner may
revoke and cancel his signature to such petition at any time before said petition is filed, but not
after such filing has been made.
(2) Such petition shall be filed with the board of county commissioners during a regular
or special session of the board, and shall be verified under oath by at least one of the persons
signing it, setting forth that the said petition was signed within ninety days last preceding the
making of said verification, and that all matters and things stated in said petition are true to the
best of the knowledge and belief of the affiant, and that all signers have had an opportunity to
read said petition.
(3) After examination of the petition, if the board of county commissioners finds the
petition in order and properly signed by twenty-five percent of the resident landowners and
resident lessees within the proposed district, the board shall, within fifteen days after receipt of
the petition, mail ballots to all landowners and lessees in the proposed district, to the addresses
as shown by the records of the county assessor or state board of land commissioners, stating that
said ballots are to be returned to the board's office within ten days from date of mailing. If, after
a tally of the votes has been made, the board finds that sixty-six and two-thirds percent of the
landowners and lessees voting have voted in favor of the district, and the landowners and lessees
voting own or lease fifty percent of the land in the proposed district, the board shall declare the
district established. Acreage owned by the federal government or acreage owned by the state
government not subject to a lease shall not be considered in determining the percentage of land
voted.
(4) Such petition may, in addition to the matters set forth in this section, request the
board of county commissioners to take charge of and supervise the work in connection with the
control or eradication of the pests named. The board, if a pest control district is created upon the
petition in accordance with this article, shall proceed during the existence of said district,
through the county pest inspector, to control or destroy such pests at the times and in the manner
and by the aid of such means and additional help as the commissioner and county pest inspector
recommend, and the board may enter into contracts to have the necessary work done in the
district where noxious weeds, insect pests, or plant diseases occur in epidemic proportion. Such
contracts shall be let through competitive bidding, and the board may pay for the work and
materials expended. Said contracts may be let for periods not to exceed one year and may be
renewed if necessary. The board of county commissioners also may enter into contracts with
landowners and lessees in which the landowners and lessees are obligated for their share of the
total cost of control operations.
(5) If the owner or lessee of any lands adjoining an established pest control district
desires to have such lands included within the district, he may petition the board of county
commissioners of the county in which the district is located and to which district annexation of
his land is desired. The petition shall contain a description of the boundaries of the lands so
desired to be annexed and shall be signed by the petitioner. The board shall act on said petition
within ten days after the receipt thereof. If the board finds that the petition is in order, that the
boundaries of the lands described in the petition are accurate, that the lands adjoin the
established district, and that the petition is properly signed, it shall, by order, declare that the
lands petitioned to be annexed to the district shall be included as a part of the district. Within ten
days after such action upon the petition, the board shall notify the petitioner, the county assessor,
the district advisory committee of the district in which such lands are to be included, and the
department of agriculture of its action. Two or more owners and lessees of lands adjoining an
established pest control district may join in and sign a single petition for annexation of their
adjoining lands to an established district in the manner prescribed in this subsection (5).
(6) The district advisory committees of two or more adjoining pest control districts may
petition the board of county commissioners of the county in which such districts are located,
requesting the consolidation of such districts. The board shall schedule a public hearing on the
petition within ten days after the receipt thereof. The public hearing shall be held within thirty
days after receipt of the petition. If, after such hearing, the board determines that through such
consolidation the districts could be more economically and efficiently operated, the board shall
immediately, by order, declare the dissolution of the districts to be consolidated and the
establishment of the consolidated new district, and shall thereupon notify the county assessor
and district advisory committees of the dissolved districts of the termination of their respective
committees, and shall appoint a new five-member district advisory committee for the
consolidated district.
(7) When a pest control district which was established for the control and eradication of
specified pests desires to extend the termination date of the district, the district advisory
committee shall petition the board of county commissioners of the county in which such district
is located, requesting the extension of the termination date. Upon receipt of said petition, the
board of county commissioners shall set a date for a hearing on the matter and shall publish
notice thereof in a newspaper of general circulation in the county not less than ten days nor more
than thirty days before the date of the hearing. If, after notice and hearing, the board of county
commissioners determines that such extension of the termination date is advisable and is needed
for adequate pest control in the district, the board of county commissioners shall immediately
declare the extension of the termination date and shall so inform the district advisory committee,
the county assessor, and the state board of land commissioners.
(8) When a pest control district which was established for the control and eradication of
specified pests desires to add additional pests to be controlled within the district, the district
advisory committee shall petition the board of county commissioners of the county in which
such district is located, requesting that a stipulated pest or pests should be added to the pests to
be controlled in the district. The board of county commissioners shall act on the petition within
ten days after receipt thereof. If the board of county commissioners determines that such pests
should be controlled within the district, said board shall submit the question to all landowners
and lessees of the district by causing to be mailed to each landowner and lessee, to the address as
shown by the records of the county assessor or state board of land commissioners, a ballot
requesting his vote for or against the addition of the stipulated pests to be controlled within the
district and the return of such ballot within ten days to the board. If fifty-one percent of the
landowners and lessees voting in the district vote in favor of the inclusion of said pests within
those to be controlled, the board shall immediately declare that the stipulated pests shall be
controlled within the district and shall so inform the district advisory committee.

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