chapter, including issuing notices of violation and orders,
filing violations for criminal prosecution, seeking injunctive
relief, imposing civil penalties and entering into consent
agreements.
(b) General powers and duties of department.--The
department, in carrying out the provisions of this chapter and
in addition to all other authority granted to the secretary and
the department by this chapter, shall have the authority to:
(1) Issue and enforce a written control order to any
person in possession of a noxious weed or controlled plant.
(2) Issue and enforce written permits and permit
requirements to any person who wishes to research , market,
hold, warehouse, retail, wholesale, propagate, transport,
cultivate or distribute a noxious weed or controlled plant
under the terms and conditions as are reasonably required to
carry out the provisions of this chapter.
(3) Utilize any enforcement tool authorized by this
chapter to control, remediate, contain or eradicate a noxious
weed or controlled plant.
(4) Recover , from the noncomplying person or landowner,
expenses and costs incurred in the enforcement and compliance
actions. The department may impose additional civil or
criminal penalties for failure to comply. The 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 the access was
sought for the purposes and under the authority set forth in
this chapter, the secretary may apply to any issuing
authority for a search warrant authorizing access to the
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 chapter, 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 the 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
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