8.01.040 Entry upon private property.
A. The Town Manager, or his designated agent, shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours for the purpose of inspecting for the existence of weeds, when at least one (1) of the following circumstances has occurred:
1. The landowner or occupant has requested, or given permission for, an inspection.
2. A neighbor has reported a suspected weed infestation and has requested an inspection.
3. An authorized agent of the Town Manager has made a visual observation from a public right-of-way or area and has reason to believe that a violation of this chapter has occurred.
B. No entry upon private premises shall be permitted until the landowner or occupant has been notified, either orally or by certified mail, that such inspection is pending.
C. If after receiving notice that an inspection is pending the landowner or occupant denies access to the authorized agent, the agent may seek an inspection warrant issued by the Parachute Municipal Court. The Court shall issue an inspection warrant upon presentation by the agent of an affidavit setting forth:
1. The information which gives the agent reasonable cause to believe that any provision of this chapter is being or has been violated;
2. That the occupant or landowner has denied access to the agent; and
3. A general description of the affected land or parcel. (Amended Ord. 685 §15, 2015)