Colorado Code § 35-5-108

Control or eradication methods and procedures - notice - assessments - protests
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(1) The county pest inspector shall give notice by radio, newspaper, or any other
means of communication to the owner, lessee, agent, or occupant of any lands within a district
on which noxious weeds, insect pests, or plant diseases are found, advising them of their
presence and naming the noxious weed, insect pest, or plant disease, giving both common and
scientific names. Such notice shall specify the best available methods of controlling or
eradicating such noxious weeds, insect pests, or plant diseases and shall require that such
methods be used for control or eradication thereof. Failure to receive such notice shall not
constitute a defense to the assessment of a lien against the property, as provided in this section,
for the expense for the control or eradication of such pests.
(2) In case any such landowner, lessee, agent, or occupant refuses to comply with the
requirements of the county pest inspector for the control or eradication of such noxious weeds,
insect pests, or plant diseases, or causes the same to be done, it is the duty of the inspector to
provide access to sprayers or other equipment needed and to enter upon such lands with the
approval of the board of county commissioners and, as provided in this article, to effect the
control or eradication of such noxious weeds, insect pests, or plant diseases.
(3) Upon completion of the work, the board of county commissioners shall notify or
cause to be notified said landowner, by certified mail, at the address shown on the records of the
county assessor, or by one publication in a newspaper having general circulation within the
county, as to the amount due, furnishing an itemized statement of the expense of the treatment of
such noxious weeds, insect pests, or plant diseases (the amount paid the inspector shall not be
included), and stating that, if the amount of said statement is not paid to the county treasurer of
the county wherein the real estate is located within thirty days from the date of said notice, the
amount thereof will be assessed as a lien upon said real estate, but no lien shall be in excess of
the valuation for assessment of said real estate.
(4) If any landowner within the district is dissatisfied with the itemized statement of
expense, he may, within thirty days from the mailing or publication of the account showing such
charge, file a written protest with the board of county commissioners. Not later than ten days
after the filing of such protest, the board of county commissioners shall fix a time and place for
hearing on the protest filed, to be held not less than ten days nor more than thirty days from the
date of notice of the hearing, and immediately after such hearing the board of county
commissioners shall make written findings and such changes in the assessment as may be
determined to conform with such findings.
(5) A copy of said final statement of expenses shall be filed with the county assessor. If
the amount of the statement is not paid within thirty days of said notice or if a protest is filed,
within thirty days after the findings or determination of such protest, the county assessor shall
extend the amount upon the assessment rolls, and said assessment shall thereon become a part of
the general taxes and constitute a lien against the entire contiguous tract owned by such person
of which the portion so treated is all or a part. The assessment shall thereafter become due in the
same manner and be collected in the same manner as the general ad valorem property tax; but
not more than five percent of the total valuation for assessment of the entire contiguous tract of
land of which the portion so treated is all or a part shall be spread on the tax rolls against said
land in any one year. Any amount in excess of the five percent limitation and remaining unpaid
may be carried over and charged on the tax roll of the succeeding years, and any unpaid balance
so carried over shall bear interest at the rate of six percent per annum until paid. All of the
provisions of the general laws for the enforcement of the collection of taxes shall be applicable
thereto after the extension by the county assessor. Such assessments may be paid in full at any
time before general taxes become due and payable.
(6) (a) Upon completion of the work, the board of county commissioners shall notify or
cause to be notified said lessee, by certified mail, at the address shown on the records of the state
board of land commissioners, or by one publication in a newspaper having general circulation
within the county, of the amount due, furnishing an itemized statement of the expense of the
treatment of such noxious weeds, insect pests, or plant diseases (the amount paid the inspector
shall not be included), and stating that, if the amount of said statement is not paid to the county
treasurer of the county wherein the leased property is located within thirty days from the date of
said notice, the amount thereof will be assessed as a lien upon any improvements located upon
the leased property and owned by the lessee. The county shall institute civil proceedings in a
court of competent jurisdiction to recover the amount of the assessment. In the event the value of
said improvements is less than the amount of the assessment, the county may recover the
difference by execution on such personal property of the lessee that is not exempt, as provided
by law.
(b) If any lessee within the district is dissatisfied with the itemized statement of expense,
he may file a written protest with the board of county commissioners as provided by subsection
(4) of this section.
(c) A copy of the final statement of expense shall be filed with the county assessor. If the
amount of the statement is not paid within thirty days of said notice or if a protest is filed, within
thirty days after the findings or determination of such protest, the county assessor shall extend
the amount upon the assessment rolls, and said assessment shall thereon become a part of the
general taxes and constitute a lien against any improvements located upon the tract and owned
by the lessee. If a judgment in favor of the county is not satisfied as the result of execution on the
property, the county shall seek to satisfy the judgment by levying upon any personal property
held by the lessee which is not exempt, as provided by law.

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