Chapter 8.40
WEEDS
Sections:
8.40.04 Abatement – Assessment of costs.
8.40.06 Unlawful interference.
8.40.01 Weeds to be removed.
It shall be unlawful for any owner, agent, lessee, tenant, or other person occupying or having charge or control 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. (Ord. 914 § 1)
8.40.02 Definitions.
(a) “Calendar year,” as used herein, means that period of time beginning January 1st and ending December 31st of the same year.
(b) “Weeds,” as used herein, means any of the following:
(1) Brush and woody vines;
(2) Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;
(3) Weeds which bear or may bear seeds of a downy or wingy nature;
(4) 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;
(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 eight inches in height. (Ord. 914 § 1)
8.40.03 Notice to remove.
The city clerk 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. Such notice shall include the following:
(a) The owner, occupant or agent in charge of the property is in violation of the city weed control law.
(b) The owner, occupant, or agent in charge of the property is ordered to cut the weeds within the time provided in subsection (d) of this section.
(c) 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.
(d) If the owner, occupant or agent in charge of the property does not request a hearing or cut the weeds within five days of the receipt of notice (or within 10 days after the notice is published in the official newspaper if the owner is unknown or is a nonresident with no resident agent appointed) the city or its authorized agent will cut the weeds and assess the cost of the cutting, including a reasonable administrative fee, to the city clerk.
(e)(1) The city clerk shall give notice to the owner, occupant or agent by restricted mail of the total cost of such cutting or removal incurred by the city, including the cost of providing notice and including postage required by this section;
(2) Such notice shall also state that the payment of such cost is due and payable within 30 days following receipt of such notice;
(3) If the cost of such removal or abatement is not paid within the 30-day period, the city may levy a special assessment for such lot or piece of land in the same manner as provided in K.S.A. 12-1617e, and amendments thereto or the city may collect the cost in the manner provided by K.S.A. 12-1,115, and amendments thereto or by pursuing both such methods.
(f) No further notice shall be given prior to removal of weeds during the current calendar year.
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 the 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. 914 § 1)
8.40.04 Abatement – Assessment of costs.
(a) Upon the expiration of the time specified in BSMC 8.40.03(d), 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 BSMC 8.40.01, 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 city clerk shall give notice to the owner, occupant or agent in charge of the premises by restricted mail of the costs of abatement of the nuisance. 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 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 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. (Ord. 914 § 1)
8.40.05 Right of entry.
The city’s 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. (Ord. 914 § 1)
8.40.06 Unlawful interference.
It shall be unlawful for any person to interfere with or to attempt to prevent the city’s authorized representative from entering upon any such lot or piece of ground from proceeding with such cutting and destruction. Such interference shall constitute a code violation. (Ord. 914 § 1)
8.40.07 Noxious weeds.
(a) Nothing in this article shall affect or impair the rights of the city under the provisions of Kansas Statutes Annotated, Chapter 2, Article 13, 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 (Centaurea picris), hoary cress (Lepidium draba), Canada thistle (Cirsium arvense), quack grass (Agropyron repens), leafy spurge (Euphorbia esula), burragweed (Franseria tomentosa and discolor), pignut (Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.), and Johnson grass (Sorghum halepense). (Ord. 914 § 1)