It shall be unlawful for any owner, occupant, or agent of any premises to permit weeds to remain upon said premises or any area between the property lines of said 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. All weeds as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.
Weeds as used herein, means any of the following:
(a) Brush and woody vines shall be classified as weeds;
(b) Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;
(c) Weeds which bear or may bear seeds of a downy or wingy nature;
(d) Weeds which are located in an area which harbors rats, insects, animals, reptiles, or any other creature which either may or does constitute a menace to health, public safety or welfare;
(e) Weeds and grasses other than ornamental grasses which, because of its height, has a blighting influence. Any such weeds and grasses shall be presumed to be a violation if they exceed 10 inches on any premises and in streets and alleys in front of and abutting on any premises in the city; except for parcels actively utilized for agriculture, but not including the area located between the edge of the crop and the roadway.
The Health Officer shall issue a notice to the owner, occupant, or agent of any premises in the City upon which weeds exist in violation of this article, stating the following:
(a) That the owner, occupant or agent of the property is in violation of the City weed control law,
(b) That the owner, occupant or agent of the property is ordered to cut or destroy the weeds within 5 days of the receipt of notice.
(c) That the owner, occupant or agent in charge of the property may request a hearing before the Governing Body within 5 days of the receipt of notice.
(d) That if the owner, occupant or agent 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 of the property.
(e) That the owner, occupant or agent 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.
(f) That no further notice shall be given prior to removal of weeds during the current calendar year.
(g) That the Health Officer should be contacted if there are any questions regarding the order.
Such notice shall be served by certified mail, return receipt requested, or by personal service or, if the owner is a non-resident, such notice shall be sent by certified mail, return receipt requested, to the last known address of the owner. If the owner, occupant or agent in charge of the property cannot be served in the above manner, service may be made by publishing one notice in the official city newspaper. If notice is made by publication, the owner or his or her agent in charge of the property will be ordered to cut the weeds within 10 days from the date of publication. The City may proceed to abate subsequent violations of this article at the same property within one year of such notice and City shall not be required to issue a notice for subsequent violations at the same property more than once per year; provided the City will issue a notice under this Section for any violation occurring after a change in the record owner of title to the subject property.
If a hearing is requested within the period as
provided in the order, such request shall be made in writing to the Governing Body.
Failure to make a timely request for a hearing shall constitute a waiver of the
right to contest the findings of the Health Officer before the Governing Body.
The hearing shall be held at the next regular meeting of the Governing Body
following the filing of the request therefore. At any such hearing, the person
may be represented by counsel, and the person and the City may introduce such
witnesses and evidence as is deemed necessary and proper by the Governing Body.
The hearing need not be conducted according to the formal rules of evidence.
Following such hearing, the Governing Body may make findings of fact and either
(1) uphold the determination and order of the Health Officer and order the
Health Officer to proceed with abatement as provided in this article, or (2)
overturn the determination and order of the Health Officer.
(Ord. 1778-21)
(a) Upon the expiration of the period set forth in the notice required by 8-303, and in the event that the owner, occupant or agent of the premises shall neglect or fail to comply with the requirements of the notice, the Health Officer shall cause to be cut, destroyed and/or removed all such weeds and abate the nuisance created thereby.
(b) The Health Officer shall give notice to the owner, occupant or agent of such property by certified mail, return receipt requested, of the costs of cutting, destruction and removal of the weeds incurred by the City. The notice shall state that payment of the cost is due and payable within 30 days following receipt of the notice.
(c) If the costs remain unpaid after 30 days following receipt of notice, such costs shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located, the City Clerk, at the time of certifying other City taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the City as other City taxes are collected and paid. The City may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.
The Health Officer and the Health Officer’s authorized 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 Health Officer or the Health 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 code violation.
(Ord. 1778-21)