NOTE: The governor signed this measure on 3/8/2013.
      
      
      HOUSE BILL 13-1137
      
      
      BY REPRESENTATIVE(S) Landgraf, Hamner, Labuda, Lebsock, Singer;
      also SENATOR(S) Baumgardner, Nicholson.
      
      
      Concerning the elimination of certain restrictions on the lots
           over which a board of county commissioners has authority
           for weed removal.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 30-15-401, amend (1)
      (a) (I.5) (A) as follows:
      
           30-15-401.  General regulations - definitions. (1)  In addition to
      those powers granted by sections 30-11-101 and 30-11-107 and by parts 1,
      2, and 3 of this article, the board of county commissioners has the power to
      adopt ordinances for control or licensing of those matters of purely local
      concern that are described in the following enumerated powers:
      
           (a) (I.5) (A)  To provide for and compel the removal of weeds and
      brush from residential lots of two and one-half acres or less and tracts of
      land within the county except agricultural land currently in
      agricultural use as the term agricultural land is defined in
      section 39-1-102 (1.6), C.R.S., and from the alleys behind and from the
      sidewalk areas in front of such property at such time, upon such notice, and
      in such manner as the board of county commissioners may prescribe by
      ordinance, including removal performed by the county upon notice to and
      failure of the property owner to remove such weeds and brush, and to assess
      the reasonable cost thereof, including ten percent for inspection and other
      incidental costs in connection therewith, upon the property from which such
      weeds have been removed. Ordinances passed by a board of county
      commissioners for the removal of weeds and brush pursuant to this
      sub-subparagraph (A) shall include provisions for applying for and
      exercising an administrative entry and seizure warrant issued by a county
      or district court having jurisdiction over the property from which weeds and
      brush shall be removed. Any assessment pursuant to this sub-subparagraph
      (A) shall be a lien against such property until paid and shall have priority
      over all other liens except general taxes and prior special assessments
      based on its date of recording. A county shall not compel the
      removal of weeds and brush pursuant to this sub-subparagraph (A)
      upon any lot or tract of land within the county during such time
      that a mortgage or deed of trust secured by the lot or tract of
      land is being foreclosed upon.
      
           SECTION 2.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      7, 2013, if adjournment sine die is on May 8, 2013); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO