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HomeMy WebLinkAbout20221833.tiffRESOLUTION RE: APPROVE ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT SPECIALIST WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on June 6, and 9, 2022, the Weld County Vegetation Management Specialist mailed notices to various landowners within Weld County advising them that lands owned or occupied by them contain Scotch thistle (Onopordum acanthium) and Russian knapweed (Acroptilon repens), noxious weeds, and WHEREAS, said notices stated that said noxious weeds must be controlled or eradicated within ten days from the date of said notices and gave recommendations as to what methods are to be used for such control or eradication, and WHEREAS, a copy of said list, containing the legal descriptions of the lands and the names of those landowners who have failed to comply with said recommendations, described as "Exhibit A," which is attached hereto and incorporated herein by reference, and WHEREAS, the County Vegetation Management Specialist has requested that the Board approve his/her entry upon lands, as set forth in the abovementioned list, to affect the control or eradication of noxious weeds, and WHEREAS, at its meeting of June 27, 2022, the Board did Find as follows: 1. That those landowners mentioned on the list are the owners of said land within a pest control district. 2. That Scotch thistle (Onopordum acanthium) and Russian knapweed (Acroptilon repens), noxious weeds, are found upon said lands. 3. That said landowners received appropriate notice and such notice specified the best available means for control or eradication of said noxious weeds. 4. That said landowners have not complied with the requirements as stated by the County Vegetation Management Specialist. WHEREAS, pursuant to said Findings, the Board deems it advisable to approve the entry by the Weld County Vegetation Management Specialist upon said lands described in Exhibit "A," which is attached hereto, to affect the control or eradication of the abovementioned noxious weeds. cc :Pca(.5tYcH/E:RArs) 7/13/22 2022-1833 EG0025 ENTRY UPON LANDS PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board does hereby approve the entry upon various lands as set forth in the list attached hereto by the Weld County Vegetation Management Specialist to affect the control or eradication of Scotch thistle (Onopordum acanthium) and Russian knapweed (Acroptilon repens), noxious weeds. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUI ITY, COLORADO ATTEST: j Wi,, Sbott K. James, Chair Weld County Clerk to the Board County Attorney Date of signature: 7 /7 /22. c 2022-1833 EG0025 MEMORANDUM TO: Clerk to the Board DATE: June 23, 2022 FROM: Tina Booton, Public Work -7:W100 Jay McDonald, Director of Public Works SUBJECT: Agenda Item Attached is the request for Right of Entry onto property with County designated noxious weeds. This landowner has received a 10 -day legal notices and has failed to comply with the request. Please add this item to the agenda for Monday, June 27, 2022. 2022-1833 EXHIBIT r a a PUBLIC WORKS DEPARTMENT 1111 H STREET F.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3 750 FAX: (970) 304-6497 June 23, 2022 Dear Weld County Commissioners: Under the Colorado Weed Management Act, CRS, 35-5.5-109 and Weld County Code, Chapter 15, Section 15-2-20, I must seek approval for right of entry from the Board of County Commissioners to enter on private land to carry out weed control measures. Below is a list of landowners, and the legal description of their land, that we may have to enforce on. I am seeking your approval to enter upon these lands. Name Carlos Miramontes Legal TINR68W SEC 9 Alf Todd Creek Village North LLC T1NR67W SEC 35 Parcel 146709103004 146935300027, 146935200010, 146935200008, 146935200009, 146935200012, 146935200011 The weed notices were mailed on June 6t1 and 9th, 2022 requesting control of the following weed species: Scotch thistle (Onopordum acanthium), and Russian knapweed (Acroptilon repens). Enclosed is a copy of a notice sent under the Colorado Weed Management Act. Thank you for your assistance. Sincerely, 400,_ "l'ina Booton Weed Division Supervisor Weld County Public Works Department Enclosures Liss. Postal Service` CERTIFIED MAIL® RECEIPT Domestic Mail Only D a a 3 3 3 1 3 a a z For delivery information, visit our website at YIWW trsps.cOnl °. 6/6/2022 rATIWAVIaftilo onileas&r lieu; t�c. atrbMs as O Return Receipt (hart:copy) • Return Receipt (eiectrurtic) ❑ Certified Mali Restricted Delivery L Adult Signature Required �Mitti1 SignstuaiRestricted Delivery $ Postage total3)ostage and tees Sent Postmark Here Carlos Miramontes I bser gildApt Wa tit IO Slot Aki 15211 Delaware ........._...._......Street tan& 2it;_;i %. Broomfield CO 80023 PS Form 3800, April 2015 PSfl 7530-02-0U0-904: See Reverse for Instructions PUBLIC WORKS DEPARTMENT 1111 H STREET PO BOX 758 GREELEY, CO 80632 WEBSITE: www.wetdgov.com PHONE (970)400-3750 FAX: (970)304-6497 RE: Notice of the Need for the Control or Eradication of Noxious Weeds Dear Landowner: Under provision of the Colorado Weed Management Act (35-5.5-109 CRS), and Weld County Code, Chapter 15, Article II this letter is to serve as notice that the presence of noxious weeds has been observed on properties which are owned, leased, and/or occupied by you and located in: Sections 9, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado. The property is designated in the Weld County Assessor's Office as parcels number 146709103 004. The noxious weeds present on the property include: Russian knapweed (Acroptilon repens). The optimum time for control is when the identified noxious weeds are in the rosette stage. The best method of control or eradication is to use herbicides that are labeled for the specific weed and site, or by mechanical means. such as mowing two to three times during the summer. The plants must be kept from going to seed. Section 35-5.5-109, C.R.S. and Weld County Code, Chapter 15, requires you to control the weeds by using at least one of these methods by June 17, 2022, or submit an acceptable weed management plan with an acceptable completion date or request an arbitration panel by June 17, 2022. If you do not comply by June 17, 2022, I will request a Right of Entry from the Board of County Commissioners of Weld County to enter the property to control the designated noxious weeds at your expense, as provided in Section 35-5.5-109 (5a) C.R.S. and Weld County Code, Chapter 15. I will be glad to answer any questions you may have regarding the control or eradication of the noxious weeds on the property. I am also available to assist you in developing short and long term weed management plans. The office phone number is 970-400-3769 for me and 970-400-3770 for Tina Booton. I can also be reached by email at: rbrecheisen@weldgov.com. Sincerely, Ron Brecheisen Weed Control Landowner Specialist Enclosures Notice 3.1.1 Hello