It shall be unlawful for any owner, occupant, or agent to permit weeds or indigenous grasses to remain upon said premises or any area between the property lines of said premises and the center line 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. All weeds and indigenous grasses as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.
(K.S.A. 12-1617f; Code 2015)
A. Calendar year as used herein, means that period of time beginning January 1 and ending December 31 of the same year.
B. Indigenous grasses as used herein, means those grasses having originated or being produced in Kansas and being considered a native grass, whether cultivated or uncultivated.
C. Weeds as used herein, means any of the following:
1. Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;
2. Weeds or indigenous grasses which bear or may bear seeds of a downy or wingy nature;
3. Weeds or indigenous grasses which are located in an area which harbors rats, insects, animals, reptiles, or any other creatures which may or do constitute a menace to health, public safety or welfare;
4. Weeds or indigenous grasses which become rank in odor, and;
5. Weeds and indigenous grasses on or about residential property which, because of its height, has a blighting influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed twelve (12) inches in height.
6. Woody vines and brush/limbs, with weed overgrowth.
The public officer, or an authorized assistant, shall notify in writing the owner, occupant or agent in charge of any premises to permit weeds or indigenous grasses to remain upon said premises, in violation of this ordinance, by certified mail return receipt or by personal service. Such notice shall include the following:
1. That the owner, occupant or agent in charge of the property is in violation of the city’s weed ordinance.
2. That the owner, occupant, or agent in charge of the property is ordered to cut the weeds within five (5) days of the receipt of notice or in cases where the owner is unknown or is a nonresident, and there is no resident agent ten (10) days after notice has been published in the official city paper.
That the owner, occupant, or agent in charge of the property is ordered to abate the conditions in violation within ten (10) days from the date of personal service of notice, or three days in addition to the ten days if service is by certified mail return receipt (the three days to begin the day after the date of the letter). In the case where the owner of the nuisance has placed the item(s) on the public property the owner must remove them within 24 hours.
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 (5) days of the receipt of notice. The governing body hereby designates the city manager or designee as its representative for such hearing.
4. In the event that the owner, occupant, or agent in charge of the property shall neglect or fail to comply with the requirements, the city or its authorized agent, shall cause to be cut, destroyed and/or removed all such weeds and indigenous grasses and abate the nuisance created thereby at any time during the same calendar year. The cost of cutting of the weeds, the cost of providing notice, publication in the official city newspaper, including postage, filling fee, and a $100 administration fee will be assessed 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 30 days 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 any subsequent removal of weeds during the same calendar year.
7. That the public officer should be contacted if there are any questions regarding the order.
If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this section, the new record owner of title to such property shall be provided notice as required by this section, and thereafter the city may recover any costs or levy an assessment for the costs incurred by the cutting or destruction of weeds on such property.
(K.S.A. 12-1617f; Code 2015)
1. The public officer, or an authorized assistant, shall give notice to the owner, occupant, or agent in charge of the premises by certified mail, return receipt requested, of the costs of abatement of the violation. The notice shall state that payment of the costs is due and payable within thirty (30) days following receipt of notice.
2. If the costs of removal or abatement remain unpaid after thirty (30) days following the receipt of notice, a record of the costs of cutting and destruction and/or removal shall be certified to the city clerk. The city may levy a special assessment for such costs to be assessed against the particular lot or piece of land on which such weeds or indigenous grasses 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 or indigenous grasses were so removed in the same manner as provided by K.S.A. 12-1617e. 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.
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 cutting, destroying and/or removing such weeds in a manner not inconsistent with this article.
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 a Class B misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $50.00 nor more than $500.00, or by imprisonment not to exceed 30 days, or by both such fine and imprisonment. Each separate day or part thereof shall constitute a separate offense.
1. Nothing in this ordinance 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.
2. For the purpose of this section, the term noxious weeds shall mean kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaureap picris), hoary cress (Lepidium draba), Canada thistle (Cirslum arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbiaesula), burragweed (Franseriatomentosa and discolor), pignut (Hoffmannseggia desiflora), musk (nodding) thistle (Carduus nutans L), Johnson grass (Sorghum halepense), giant ragweed, common ragweed, bull thistle, wild hemp, stinging nettle, poison ivy, poison sumac, poison oak, common milkweed, and uncultivated multiflora rose.