penalties shall include the reasonable cost of eradication
and compliance expenses incurred by the department.
(5) IF THE DEPARTMENT IS DENIED ACCESS TO ANY BUILDING,
CONVEYANCE, EQUIPMENT, LAND OR VEHICLE WHERE SUCH ACCESS WAS
SOUGHT FOR THE PURPOSES AND UNDER THE AUTHORITY SET FORTH IN
THIS ACT, THE SECRETARY MAY APPLY TO ANY ISSUING AUTHORITY
FOR A SEARCH WARRANT AUTHORIZING ACCESS TO SUCH BUILDING,
CONVEYANCE, EQUIPMENT, LAND OR VEHICLE FOR THAT PURPOSE. THE
COURT MAY, UPON APPLICATION BY THE DEPARTMENT, ISSUE THE
SEARCH WARRANT FOR THE PURPOSES REQUESTED.
(B.1) RIGHT OF ENTRY AND INSPECTION.--IN THE PERFORMANCE OF
THE DUTIES REQUIRED BY THIS ACT, THE DEPARTMENT AND ITS
INSPECTORS, EMPLOYEES AND AGENTS SHALL HAVE ACCESS, DURING
REASONABLE HOURS, TO INSPECT THE LAND AND PREMISES AND ANY AREAS
OF THE LAND AND PREMISES, INCLUDING BUILDINGS AND CONVEYANCES,
THAT ARE OR WILL BE UTILIZED FOR PERMITTED ACTIVITIES.
(c) Search warrants.--
(1) If an inspector, employee or agent of the department
has probable cause to believe a noxious weed or controlled
plant exists on a property or premises, the department's
inspector, employee or agent may, upon oath or affirmation,
declare before a court of competent jurisdiction that the
inspector, employee or agent has probable cause to believe
that noxious weeds or controlled plants exist on the land or
premises.
(2) Upon review of such declaration, the court may issue
a search warrant for the property or premises. The search
warrant shall describe the property or premises, which may be
searched under authority of the search warrant, but need not
describe the exact or all possible noxious weeds or
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