It shall be unlawful for any owner, agent, lessee, tenant, or other person occupying or having charge or control of any premises and the centerline of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, rights of way and all other areas, public or private, to allow weeds to grow in excess of twelve (12) inches in height. All weeds as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.
(Ord. 2001-18; Code 2021)
An agricultural exemption exits and is available to any owner, agent, lessee, tenant or other person occupying or having charge or control of any premises who obtains the written approval of the City Administrator to utilize the property in a manner designated as agricultural. The City Administrator shall be vested with the discretion to determine acceptable agricultural exemptions consistent with this article.
(Ord. 2001-18; Code 2021)
(a) The City Administrator shall designate a public officer to be charged with the administration and enforcement of this article. The public officer or an authorized assistant shall notify in writing the owner, occupant or agent in charge of any premises in the City upon which weeds exist in violation of this article, by mail or by personal service, once per calendar year.
(b) Such notice shall include the following:
(1) That the owner, occupant or agent in charge of the property is in violation of the city weed control law.
(2) That the owner, occupant, or agent in charge of the property is ordered to cut the weeds within 10 days of the receipt of notice.
(3) That the owner, occupant or agent in charge of the property may request a hearing before the governing body or its designated representative within five days of the receipt of notice.
(4) That if the owner, occupant, or agent in charge of the property does not cut the weeds, the City or its authorized agent will cut the weeds and assess the cost of the cutting, including a reasonable administrative fee, against the owner, occupant or agent in charge of the property.
(5) That the owner, occupant or agent in charge of the property will be given an opportunity to pay the assessment, and if it is not paid, it will be added to the property tax as a special assessment.
(6) That no further notice shall be given prior to the removal of weeds during the calendar year.
(7) That the public officer should be contacted if there are any questions regarding the order.
(c) If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this subsection, the city may not recover any costs or levy an assessment for the costs incurred by cutting or destruction of weeds on such property unless the new record owner of title to such property is provided notice as required by this section.
(Ord. 2001-18; Code 2021)
(a) Upon the expiration of 10 days after receipt of the notice required by section 8-203 and in the event that the owner, occupant or agent in charge of the premises shall neglect or fail to comply with the requirements of section 1, the public officer or an authorized assistant shall cause to be cut, destroyed and or removed all such weeds and abate the nuisance created thereby at any time during the current calendar year.
(b) The public officer or an authorized assistant shall give notice to the owner occupant or agent in charge of the premises by certified mail of the costs of abatement of the nuisance. The notice shall state that payment of the costs is due and payable within 30 days following receipt of the notice.
(c) If the costs of removal or abatement remain unpaid after 30 days following receipt of notice, a record of the costs of cutting and destruction and or removal shall be certified to the City Clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such weeds were so removed, and against such lots or pieces of land on which such weeds were so removed, and against such lots or pieces of land in front of or abutting on such street or alley on which such weeds were so removed, and against such lots or pieces of land in front of or abutting on such street or alley on which such weeds were so removed. The City Clerk shall certify the assessment to the County Clerk at the time other special assessments are certified for spreading on the tax rolls of the county.
(K.S.A. 12-1617f; Ord. 2001-18; Code 2021)
The public officer, and the public officer’s authorized assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property at all reasonable hours for the purpose of inspecting, cutting, destroying and or removing such weeds in a manner not inconsistent with this article.
(Ord. 2001-18; Code 2021)
It shall be unlawful for any person to interfere with or to attempt to prevent the public officer or the public officer’s authorized representative from entering upon any such lot or piece of ground or from proceeding with such cutting and destruction. Such interference shall constitute an ordinance violation.
(Ord. 2001-18; Code 2021)
(a) Nothing in this article shall affect or impair the rights of the City under the provisions of Chapter 2, Article 13 of the Kansas Statutes Annotated, relating to the control and eradication of certain noxious weeds.
(b) For the purpose of this section, the term noxious weeds shall mean kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centurea picris), hoary cress (Lepidium draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphoria esula), barragweed (Franseriatomentosa and discolor), pignut (Hofmannseggia desiflora), musk (nodding) thistle (Carduus nutans L.), and Johnson grass (Sorghum halepense).
(K.S.A. 2-1314; Ord. 2001-18; Code 2021)