Chapter 8.80
VEGETATION AND HEALTH NUISANCES
Sections:
8.80.010 Noxious weeds and invasive plant material.
8.80.020 Grass and rank vegetation.
8.80.040 Accumulation of refuse.
8.80.050 Nuisances prohibited.
8.80.010 Noxious weeds and invasive plant material.
Noxious weeds and invasive plant material are prohibited from growing within the corporate City limits of Gardner. (Ord. 2366 § 2)
8.80.020 Grass and rank vegetation.
When grass or uncultivated or rank vegetation exceeds eight inches in height above the ground or in length if matted down as measured along the stem, then it will be deemed in violation of this section. It shall be unlawful for any owner, agent, lessee, tenant or other person occupying or having charge or control of any premises to permit noxious weeds or rank vegetation exceeding eight inches 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 noxious weeds or rank vegetation as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided. (Ord. 2366 § 2)
8.80.030 Trees and shrubbery.
Any property owner shall be required to maintain all trees and shrubbery upon the owner’s property and shall be further responsible for the treatment of diseased trees and shrubbery or the removal of trees and shrubbery that are dead or have reached a condition where they are dangerous. No tree or shrubbery shall be planted that will be a site triangle obstruction. See GMC Title 12 for management of trees in public properties. (Ord. 2366 § 2)
8.80.040 Accumulation of refuse.
All exterior property and premises, and the interior of every structure, shall be free from any accumulation of refuse or garbage. The throwing, leaving, depositing or allowing the accumulation of any worn out, broken or worthless item, waste, garbage, trash debris or refuse on any property, drainage course or other land is prohibited. Such substances are those that impede mowing of weeds or tall grass, are food products or food containers attracting insects, rodents or animals or are useless as evidenced by their broken, deteriorated or dismantled condition.
No owner, occupant or other person shall allow the accumulation of garbage or refuse on any land which causes or creates a foul, unhealthy or offensive smell, or in which disease-carrying insects, rodents or other vermin may breed, or may reasonably be expected to breed. The accumulation of garbage or refuse shall be prohibited from occurring on public land including but not limited to rights-of-way and easements.
In addition to garbage and refuse, there shall be no accumulation or storage of junk items or debris on any property including but not limited to tree limbs, construction material, tires, auto parts, appliances, junk, furniture, machinery, or any other item in a deteriorated or dismantled condition. No discarded item shall be stored on any property that has the ability of holding water that can possibly attract insects or vermin. (Ord. 2366 § 2)
8.80.050 Nuisances prohibited.
It shall be unlawful for any person owning, leasing, occupying or having charge of any premises to permit, maintain or keep any nuisance thereon. (Ord. 2366 § 2)
8.80.060 Immediate hazard.
In the event the Public Officer authorized under this title determines that a nuisance exists which creates an immediate hazard, then the City shall proceed, without delay, to take steps to abate the situation and without prior notice to or hearing of the owner, representative, agent or tenant. The cost of such action shall be assessed as set forth in GMC 8.20.030(J), or pursuant to K.S.A. 12-1115, as amended, or both. (Ord. 2366 § 2)
8.80.070 Exceptions.
In order to retain areas in their natural states or for areas zoned for agricultural purposes, certain properties are exempt from the requirements of GMC 8.80.010. In order to qualify as an exception, the burden of proof to produce evidence shall be placed upon the property owner. Exempted property is one of the following:
A. An area, due to its physical characteristics prevent regular maintenance, that is an undevelopable parcel, lot or tract and does not fall within any setback area and the dominant plant species are those of natural, climax community, tall and mid-grasses indigenous to this area, and not volunteer growth or pioneer species, and are part of a maintained landscape; or
B. Tracts of land 10 acres in size and larger shall not be required to keep the entire site free of tall grass and vegetation; or
C. An area used for agricultural purposes as evidenced by fertilizer or pesticide use for the cultivation of plants, trees or crops annually grown, raised and harvested at an appropriate date, or the raising of livestock, or pasturage containing hay or grasses annually grown and baled at an appropriate date but no later than August 15th of each year.
D. Additionally, exempted property must meet each of the following criteria:
1. There are no sight distance problems created.
2. There is no evidence of neglect.
3. When necessary, a minimum of a 20-foot section of the tract that is directly adjacent to other properties zoned residential or commercial shall be maintained at the height described in GMC 8.80.020. Any section of the tract that abuts public right-of-way shall maintain a section of 30 feet at the height described for tall grass in this section.
E. No lot, tract or parcel is exempted from the growth of noxious weeds.
F. Public parks, golf courses, natural preservation areas, approved stream corridors and open public space shall not be required to maintain tall grass within the height required by this section. Only when the City determines that tall grass and vegetation in these areas creates a public nuisance or hazard shall the tall grass and vegetation be abated. (Ord. 2366 § 2)