ARTICLE 4. WEEDS

8-401. WEEDS TO BE REMOVED.

It shall be unlawful for any person responsible for property within the city limits of Tonganoxie, Kansas, to permit weeds to remain upon said property or any area between the property lines of said property and the centerline of any adjacent street or alley, including but not limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private, except that inaccessible drainage ways, as determined by a public officer, shall not be included. Notwithstanding the foregoing, in the event the property is in excess of three acres and is not included within a final plat of record with the county recorder of deeds, person occupying or having charge or control of said property shall only be required to eliminate the weeds in any rights-of-way adjoining the property. All weeds as defined hereinafter are hereby declared a nuisance and are subject to abatement as further provided. (Code 2004; Ord. 1173; Ord. 1325; Ord. 1374)

8-402. PUBLIC OFFICER; NOTICE TO REMOVE.

(a)    A public officer or authorized assistant shall give written notice to the person responsible for such property by certified mail, return receipt requested, or by personal service to cut or destroy weeds; provided, however, that if the property is unoccupied and the person is a nonresident, such notice shall be sent by certified mail, return receipt requested, to the last known address of the person. Such notice shall only be given once per calendar year.

(b)    The notice to be given hereunder shall state:

(1)    That the person in charge of the property is in violation of the city weed control law;

(2)    That the person in control of the property is ordered to cut or destroy the weeds within 10 days of the receipt of the notice;

(3)    That the person in control of the property may request a hearing before the governing body or its designated representative within five days of the receipt of the notice or, if the person is unknown or a nonresident, and there is no resident agent, 10 days after notice has been published by the city clerk in the official city newspaper;

(4)    That if the person in control of the property does not cut or destroy the weeds or fails to request a hearing within the allowed time the city or its authorized agent will cut or destroy the weeds and assess the cost of the cutting or destroying the weeds, including a reasonable administrative fee, against the person in charge of the property;

(5)    That the person in control of the property will be given an opportunity to pay the assessment, and if it is not paid within 30 days of such notice, it will be added to the property tax as a special assessment; and

(6)    That no further notice will be given during the current calendar year prior to the removal of weeds from the property.

(c)    If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this section, 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 article.

(Formerly 8-403. Code 2004; Ord. 1173; Ord. 1374)

8-403. ABATEMENT; ASSESSMENT OF COSTS.

(a)    If the person in charge of the property has neither alleviated the conditions causing the alleged violation nor requested a hearing within the time periods specified in section 8-402, a public officer or an authorized assistant shall abate or remove the conditions causing the violation.

(b)    If the city abates or removes the nuisance pursuant to this section, the city shall give notice to the person responsible for the property by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section.

(c)    The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal 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 and 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 have been paid in full.

(Formerly 8-404. K.S.A. 12-1617f; Code 2004; Ord. 1173; Ord. 1374)

8-404. RIGHT OF ENTRY.

A public officer is 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. (Formerly 8-405. Code 2004; Ord. 1173; Ord. 1374)

8-405. UNLAWFUL INTERFERENCE.

It shall be unlawful for any person to interfere with or to attempt to prevent a 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. (Formerly 8-406. Code 2004; Ord. 1173; Ord. 1374)

8-406. NOXIOUS WEEDS.

(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 article, 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), quackgrass (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).

(Formerly 8-407. K.S.A. 2-1314; Code 2004; Ord. 1173; Ord. 1374)