reglab/housing_qa huggingface dataset:
CO Code § 35-4-114 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-114. Penalties

 [ ] Except for sections 35-4-107 and 35-4-110.5 , any person who violates any of the provisions of this article commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars. The commissioner or a board of county commissioners may refer such cases to the district attorney of the county in which such violation is alleged to have occurred for such action as may be deemed necessary. The conviction of a violation of any of the provisions of this article shall be cause for revocation of any certificate, permit, or appointment issued under this article.  Editor's note: This version of this section is effective until March 1, 2022.  History. Source: L. 37: P. 649, § 18. CSA: C. 80, § 60. CRS 53: § 6-10-14 . C.R.S. 1963: § 6-10-14 . L. 78: Entire section R&RE, p. 460, § 10, effective April 27. L. 85: Entire section amended, p. 1135, § 13, effective May 16. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3276, § 616, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.   Cross references:   For certificates issued by the department of agriculture pursuant to this article, see § 35-4-111 .
CO Code § 35-4-114 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-114. Penalties

 [ ] Except for sections 35-4-107 and 35-4-110.5 , any person who violates any of the provisions of this article 4 commits a civil infraction. The commissioner or a board of county commissioners may refer such cases to the district attorney of the county in which such violation is alleged to have occurred for such action as may be deemed necessary. The conviction of a violation of any of the provisions of this article 4 shall be cause for revocation of any certificate, permit, or appointment issued under this article 4.  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 37: P. 649, § 18. CSA: C. 80, § 60. CRS 53: § 6-10-14 . C.R.S. 1963: § 6-10-14 . L. 78: Entire section R&RE, p. 460, § 10, effective April 27. L. 85: Entire section amended, p. 1135, § 13, effective May 16. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3276, § 616, effective March 1, 2022.
CO Code § 35-4-114.5 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-114.5. Civil Penalties

  Any person who violates any provision of this article or any rule or quarantine declared pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation.    No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.    If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may bring suit in any court of competent jurisdiction to recover such amount plus costs and attorney fees.    Before imposing any civil penalty, the commissioner may consider the financial hardship such penalty may cause to the business of the person charged.    Any civil penalty recovered pursuant to this section shall be credited to the general fund.     History. Source: L. 96: Entire section added, p. 322, § 7, effective April 16.
CO Code § 35-4-116 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-116. Rules and Regulations

 The commissioner may promulgate such rules and regulations as he deems necessary for the administration and enforcement of this article. Such rules and regulations shall be promulgated in accordance with article 4 of title 24, C.R.S.   History. Source: L. 85: Entire section added, p. 1135, § 14, effective May 16.
CO Code § 35-4-117 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-117. County Pest Inspectors - Weed and Rodent Control

 Subject to the direction of the board of county commissioners, a county pest inspector may exercise the powers and duties granted to, and perform the duties of, a county in accordance with articles 5.5 and 7 of this title.   History. Source: L. 2013: Entire section added, (HB 13-1250), ch. 240, p. 1167, § 3, effective August 7.
CO Code § 35-4-118 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-118. Voluntary Agreements to Provide Pest Services

 The commissioner may enter into an agreement with any person to or local government to provide pest control services, including eradication or treatment, authorized by this article 4. The department may provide pest control services directly or through a local government and may require remuneration for providing pest control services. The commissioner shall transfer any money received under this section to the state treasurer, who shall deposit the money in the emergency invasive-pest response fund created in section 35-1-106.4 .   History. Source: L. 2021: Entire section added, (HB 21-1045), ch. 160, p. 913, § 5, effective September 7.
CO Code § 35-4-119 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-119. Joint Phytosanitary Program

 The commissioner may work cooperatively with the United States secretary of agriculture, or the secretary's designee, to implement a joint phytosanitary program if the program would economically or environmentally assist with mitigating or eradicating the spread of a regulated nonquarantine pest.   History. Source: L. 2021: Entire section added, (HB 21-1045), ch. 160, p. 913, § 5, effective September 7.
CO Code § 35-4-120 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-120. Quarantine of Nonregulated Pests

 The commissioner may quarantine a regulated article if the regulated article may harbor a regulated pest that has an economically unacceptable impact, as determined by the commissioner, and if the measures to control the pest may achieve an acceptable level of official control.   History. Source: L. 2021: Entire section added, (HB 21-1045), ch. 160, p. 913, § 5, effective September 7.
CO Code § 35-4-121 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-121. Emergency Control and Eradication of Invasive Pests

  If the commissioner determines that a public nuisance creates an unacceptable risk of spreading a pest, the commissioner may coordinate with industry to, support local governments to, and make grants to take emergency action to quarantine, control, or eradicate an invasive pest.    A board of county commissioners may declare a pest to be a public nuisance and require its control or eradication.     History. Source: L. 2021: Entire section added, (HB 21-1045), ch. 160, p. 914, § 5, effective September 7.
CO Code § 35-5-101 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-101. Definitions

 As used in this article, unless the context otherwise requires:    “APHIS” means the United States department of agriculture animal and plant health inspection, plant protection, and quarantine programs. (1.5) “Commissioner” means the commissioner of agriculture.    “County” includes a city and county.    “District” means an area as provided for in section 35-5-104.    “District advisory committee” means the committee appointed as provided in section 35-5-105.    “Insect pest”, as determined by the commissioner, means any of the small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, and which, upon investigation by the commissioner, are found to be in epidemic proportions.    “Inspector” means a county pest inspector.    “Landowner” means a person who owns five or more acres of land within the boundaries of the proposed district. (7.1) “Lessee” means a person leasing five or more acres of state-owned land controlled by the state board of land commissioners within the boundaries of the proposed district.    “Noxious weeds”, as determined by the commissioner, means those weeds which are especially troublesome and detrimental and which may cause damage or loss to a considerable portion of the land or livestock of a community.    “Person” includes person, firm, corporation, or association.    “Pest”, as determined by the commissioner, means a noxious, destructive, or troublesome plant, insect, or plant disease, when found to be in epidemic proportions and of sufficient economic importance to threaten the public welfare.    “Plant diseases”, as determined by the commissioner, means injurious action caused by the continuous or intermittent damage of all plants by any causal agent and expressed through symptoms.    “Resident landowner” means a person who owns five or more acres of land within the boundaries of the proposed district and has his legal residence within the county where the proposed district is located or within an adjacent county. (12.1) “Resident lessee” means a person leasing five or more acres of state-owned land controlled by the state board of land commissioners within the boundaries of the proposed district and having his legal residence within the county where the proposed district is located or within an adjacent county.     History. Source: L. 59: P. 176, § 1. CRS 53: § 6-16-1 . C.R.S. 1963: § 6-5-1 . L. 77: (1) and (1.5) R&RE and (7.1) and (12.1) added, p. 1577, §§ 1, 2, effective June 4.
CO Code § 35-5-102 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-102. Duty to Control Weeds

 It is the duty of all persons owning land or any interest therein in the district, the department of transportation, the boards of county commissioners, school boards, the governing authorities of incorporated towns and cities and of railroads and ditch companies, and those persons supervising state-owned lands to use reasonable means to control the noxious weeds if the same are likely to be materially damaging to the land of neighboring landowners.   History. Source: L. 59: P. 177, § 2. CRS 53: § 6-16-2 . C.R.S. 1963: § 6-5-2 . L. 83: Entire section amended, p. 1311, § 1, effective May 10. L. 91: Entire section amended, p. 1074, § 56, effective July 1.
CO Code § 35-5-103 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-103. Methods of Control - Rules and Regulations

 The commissioner is empowered to designate the methods to be used for the control or eradication of the various noxious weeds, insect pests, and plant diseases and to publish such methods and make and publish such reasonable rules and regulations as are proper and necessary to carry into effect the provisions of this article. The commissioner is authorized to enter into agreements with any landowner, lessee, district, city, or town, or with federal, state, or county agencies for cooperation and for cost sharing in the control and eradication of noxious weeds, insect pests, or plant diseases located upon land that they control or administer within the district in keeping with the provisions of this article. The commissioner, with the approval of the governor, is authorized to advance funds, which may be appropriated for this purpose subject to reimbursement, to carry into effect the provisions of this article.   History. Source: L. 59: P. 177, § 3. CRS 53: § 6-16-3 . C.R.S. 1963: § 6-5-3 . L. 83: Entire section amended, p. 1311, § 2, effective May 10.    Cross references:   For rule-making procedures, see article 4 of title 24; for intergovernmental relationships, see part 2 of article 1 of title 29.
CO Code § 35-5-105 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-105. Advisory Committee

 After the formation of a pest control district and before any weed or pest control program has been initiated by the county pest inspector, the board of county commissioners shall appoint an advisory committee of five or more members, who shall serve at the pleasure of the board of county commissioners. Should a vacancy occur, the board of county commissioners shall fill the vacancy by appointment within thirty days. The committee members may be resident landowners or resident lessees and, insofar as is practical, shall have a practical knowledge of weed and pest control and shall geographically represent the district.   History. Source: L. 59: P. 179, § 5. CRS 53: § 6-16-5 . C.R.S. 1963: § 6-5-5 . L. 65: P. 178, § 1. L. 83: Entire section amended, p. 1314, § 4, effective May 10.
CO Code § 35-5-106 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-106. Pest Inspector, Deputies, and Employees

 The board of county commissioners of the county concerned may appoint a qualified person, subject to the approval of the commissioner and district advisory committee, as county pest inspector. It is the duty of said inspector to carry out his duties as provided in this article under the direction of the board and the commissioner. The inspector, with the approval of the board, may employ such deputies and employees as are necessary to perform his duties under this article. The salary of the inspector and of his deputies and employees shall be determined by the board.   History. Source: L. 59: P. 179, § 6. CRS 53: § 6-16-6 . C.R.S. 1963: § 6-5-6 .    Cross references:   For appointment of county pest inspectors, see § 35-4-104 .
CO Code § 35-5-107 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-107. Duties of Pest Inspector

  The inspector shall cooperate with the commissioner in locating infestations of noxious weeds, insect pests, or plant diseases; make an annual report of known infestations of noxious weeds, insect pests, or plant diseases and compile data on areas controlled, eradicated, or under treatment; submit reports thereon to the commissioner, the district advisory committee, and the board of county commissioners by December 1 of each year; consult with the commissioner and the extension service and advise upon all matters pertaining to the best and most practical methods of noxious weed, insect pest, or plant disease control and eradication; and render every possible assistance to obtain the most effective control or eradication of noxious weeds, insect pests, or plant diseases within the district.    The commissioner or the inspector, or their deputies, having jurisdiction, together with such assistants as they may need in the prosecution of their work, are authorized during reasonable business hours to enter upon or into any premises, lands, or places within any pest control district in this state where they may suspect that pests occur which may be determined by the commissioner to be injurious to the welfare of the community for the purpose of inspecting, controlling, or eradicating the same or otherwise carrying out the provisions of this article.     History. Source: L. 59: P. 179, § 7. CRS 53: § 6-16-7 . C.R.S. 1963: § 6-5-7 .
CO Code § 35-5-109 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-109. Owner or Lessee Refuses Action

 When noxious weeds, insect pests, or plant diseases are found on a property not listed on the tax rolls of the county and the owner or lessee of the property refuses or fails to take the necessary action to control or eradicate such noxious weeds, insect pests, or plant diseases, after notice as prescribed in section 35-5-108 , the county pest inspector shall treat the same as though listed on the tax rolls, and the expense thereof may be recovered by the county in an action therefor in any court of competent jurisdiction. The control or eradication of noxious weeds, insect pests, or plant diseases on county property may be contracted for by the inspector, with the approval of the board of county commissioners, at county expense.   History. Source: L. 59: P. 182, § 9. CRS 53: § 6-16-9 . C.R.S. 1963: § 6-5-9 . L. 83: Entire section amended, p. 1315, § 6, effective May 10.
CO Code § 35-5-110 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-110. Public Nuisance - Abatement

 Any noxious weeds, insect pests, or plant diseases with respect to which a control district has been proclaimed, and any and all stages thereof, their carriers, and any and all premises, plants, and things infested or exposed to infestation therewith within such area are declared to be a public nuisance, subject to all laws and remedies relating to the prevention and abatement of nuisances. The inspector, under the supervision and direction of the commissioner and with the approval of the board of county commissioners, in a summary manner or otherwise, may take such action, including removal and destruction, with reference to such nuisance as in his discretion seems necessary. The remedies of this section shall be cumulative with all other remedies provided in this article.   History. Source: L. 59: P. 182, § 10. CRS 53: § 6-16-10 . C.R.S. 1963: § 6-5-10 .
CO Code § 35-5-111 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-111. Reports of Acreage Infested - County Tax Levy - Fund - Allocation

  The commissioner is directed, and it is his duty, to ascertain each year, from reports of the inspectors and other sources, the approximate amount of land and highways infested with the most troublesome noxious weeds, insect pests, or plant diseases, and their location, and transmit such information tabulated by counties, not later than July 1 of each year, to the board of county commissioners of each county affected by such infestation. On the basis of such information, the board of county commissioners of each county may make a tax levy each year on real property for the purpose of paying the cost of noxious weed, insect pest, or plant disease control or eradication in a district of the county as provided by this section, but such levy shall not exceed two mills in any one year.    Moneys collected from such levy shall be set apart as a pest control fund, and moneys derived from a particular district shall be used only in that district, and moneys derived on a countywide basis shall be used for the whole county. Vouchers shall be drawn against said fund by the board for items of expense incident to the control or eradication of noxious weeds, insect pests, or plant diseases in the county or in any such district. Such expenditures and accounts shall be audited annually.     History. Source: L. 59: P. 182, § 11. CRS 53: § 6-16-11 . L. 61: P. 158, § 1. L. 63: P. 160, § 2. C.R.S. 1963: § 6-5-11 . L. 65: P. 178, § 2.    Cross references:   For limitations on increasing levies of political subdivisions, see part 3 of article 1 of title 29.
CO Code § 35-5-112 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-112. Pest Control District on Public Lands - Notice - Charges

  When an area designated as a pest control district by the board of county commissioners of any county contains public lands, it is the duty of the commissioner to notify the proper state departments which control or supervise the public lands within the area so designated that such a district has been formed. It is the duty of any such department so notified to control or eradicate all noxious weeds, insect pests, or plant diseases on any lands under its jurisdiction, and included within the boundaries of the district and for which the district was organized, using the methods prescribed by the commissioner.    In case such department fails to so control or eradicate such pests, it is the duty of the inspector in the county where the infestation is located to enter upon such lands and undertake the control or eradication of such noxious weeds, insect pests, or plant diseases, or cause the same to be done, the expense thereof to be a proper charge against the department which has jurisdiction over the lands. If not paid, such charge may be recovered in an action therefor by the county in any court of competent jurisdiction; except that it is permissible for any such state department which controls or supervises lands in the designated pest control district to enter into a contract with the board of county commissioners of the county wherein the land is situated to authorize the county pest inspector to undertake the control or eradication of all noxious weeds, insect pests, or plant diseases, as provided in this article, on state-controlled land in the district on terms and conditions satisfactory to both parties.    In the case of lands controlled by the state board of land commissioners, which land is included within a district and leased to a lessee, the costs incurred in controlling or eradicating noxious weeds, insect pests, or plant diseases, which would be chargeable to the owner of the land if privately owned, shall be paid by the lessee.    All park land in the state, except that owned by the United States, shall be excluded from charges provided for in this article, and the board of county commissioners of the county in which any such park is located shall be billed for any and all assessments on such park lands.     History. Source: L. 59: P. 183, § 12. CRS 53: § 6-16-12 . C.R.S. 1963: § 6-5-12 . L. 83: (1), (2), and (3) amended, p. 1316, § 7, effective May 10.
CO Code § 35-5-113 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-113. Deputy or Agent May Exercise Power

 Whenever any power or authority is given by any provisions of this article to any person, it may be exercised by any deputy or agent duly authorized by him.   History. Source: L. 59: P. 183, § 13. CRS 53: § 6-16-13 . C.R.S. 1963: § 6-5-13 .
CO Code § 35-5-114 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-114. Liberal Construction

 This article, being necessary to secure and preserve the public health, safety, convenience, and welfare, and for the security of public and private property, shall be liberally construed to effect the purpose of this article.   History. Source: L. 59: P. 184, § 14. CRS 53: § 6-16-14 . C.R.S. 1963: § 6-5-14 .
CO Code § 35-5-115 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-115. Dissolution of District

 The district may be dissolved by the same procedure as the district was created on petition of twenty-five percent of the resident landowners of the district upon a vote of sixty-six and two-thirds percent of those owning the land in the district under similar procedure to that of organizing the district, if a program is not in effect. On and after July 1, 1990, a district may also be dissolved when such question is presented to the resident landowners by the board of county commissioners and more than fifty percent of said landowners voting on the issue vote to dissolve the district; except that no vote is required when two or more districts are being consolidated pursuant to section 35-5-104 (6) .   History. Source: L. 59: P. 184, § 15. CRS 53: § 6-16-15 . C.R.S. 1963: § 6-5-15 . L. 90: Entire section amended, p. 1557, § 2, effective July 1. L. 2000: Entire section amended, p. 5, § 2, effective August 2.
CO Code § 35-5-116 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 5 - Pest Control Districts|§ 35-5-116. Major Grasshopper and Range Caterpillar Infestations

 Authority is hereby granted the governor of the state of Colorado to declare a major grasshopper or range caterpillar infestation and to declare an emergency resulting from said major infestation. Upon said declaration, funds from the governor's agricultural emergency and disaster fund shall be made available for grasshopper or range caterpillar control.   History. Source: L. 75: Entire section added, p. 1342, § 1, effective May 30. L. 77: Entire section amended, p. 1577, § 3, effective June 4.