Under the authority granted by K.S.A. 1997 Supp. 12-1617f, it shall be unlawful for any owner, agent, lessee, tenant, or 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.

(Prior Code 2016 §210.140; Ord. 2651; Ord. 2671; Ord. 2684; Code 2021)

For the purposes of this Article, the following words shall have the meaning set out herein:

CALENDAR YEAR — That period of time beginning January first (1st) and ending December thirty-first (31st) of the same year.

NOXIOUS WEEDS — 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 densifloral], musk [nodding], thistle [Carduus nutans L.], and Johnson grass [Sorghum halepense].

WEEDS — Any of the following:

(1)   Brush and woody vines shall be classified as weeds;

(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 areas which harbor rats, insects, animals, reptiles, or any other creatures 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 twelve (12) inches in height.

(Prior Code 2016 §210.150; Ord. 2651; Ord. 2671; Code 2021)

(a)   Except as provided by subsection (b), the City Clerk shall issue a notice to the owner, occupant or agent by certified mail, return receipt requested, or by personal service to cut or destroy such weeds. Such notice shall include the following:

(1)   That the owner, occupant or agent in charge of the property is in violation of the City weed control law.

(2)   That the owner, occupant or agent in charge of the property is ordered to cut the weeds within ten (10) days after receipt of the notice.

(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 after receipt of the notice.

(4)   That if the owner, occupant or agent in charge of the property does not cut the weeds, the City or its authorized agent will cut the weeds and assess the cost of cutting, including a reasonable administrative fee, 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 an opportunity 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 removal of weeds during the current calendar year.

(7)   That the public officer should be contacted if there are any questions regarding the order.

(b)   If there is a change in the record owner of title to property subsequent to giving 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.

(Prior Code 2016 §210.160; Ord. 2651; Ord. 2671; K.S.A. §12-1617f(a); Code 2021)

(a)   Upon the expiration of ten (10) days after receipt of the notice required by Section 8-203, 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 Section 8-201, 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 anytime during the current calendar year.

(b)   The public officer or an authorized assistant shall give notice to the owner, occupant or agent in charge of the premises by registered mail of the costs of abatement of the nuisance. The notice shall state that payment of the costs is due and payable within thirty (30) days following the receipt of the notice.

(c)   If the costs of removal or abatement remain unpaid after thirty (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.

(Prior Code 2016 §210.170; Ord. 2671; Code 2021)

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 the manner not inconsistent with this Article.

(Prior Code 2016 §210.180; Ord. 2637; Ord. 2671; Code 2021)

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 an ordinance violation and upon conviction thereof such person shall be fined in an amount of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00).

(Prior Code 2016 §210.190; Ord. 2637; Ord. 2671; Code 2021)