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.
(Code 2008; Ord. 846, Sec. 1)
Weeds -
as used herein, means any of the following:
(a) 
Brush and woody vines shall be classified as weeds;
(b) 
Weeds and 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 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 12 inches in height.
(Code 2014)
(a) 
The Mayor with consent of the council shall designate a public officer to be charged with the administration and enforcement of this article. The public officer or authorized assistant shall give written notice to the owner, occupant or agent of 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 owner is a nonresident, such notice shall be sent by certified, return receipt requested, to the last known address of the owner. Such notice shall only be given once per calendar year.
(b) 
The notice to be given hereunder shall state:
(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 control of the property is ordered to cut or destroy the weeds within 10 days of the receipt of the notice;
(3) 
that the owner, occupant or agent 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 owner 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 owner, occupant or agent 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 owner, occupant or agent in charge of the property;
(5) 
that the owner, occupant or agent 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;
(6) 
that no further notice will be given during the current calendar year prior to the removal of weeds from the property; and,
(7) 
that the public officer should be contacted if there are questions regarding the order.
(c) 
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 article.
(Code 2014)
(a) 
Upon the expiration of 10 days after receipt of the notice required by section 8-403, 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 8-401, 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 public officer or an authorized assistant shall give notice to the owner, occupant or agent in charge of the premises by certified mail, return receipt requested, of the costs of cutting or removal incurred by the city. The city may also recover the costs of providing the notice, including postage. The notice shall state that payment of the costs is due and payable within 30 days following receipt of the notice.
(c) 
If the cost of the removal or abatement is not paid within the 30-day period following receipt of the notice, the cost shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments against the lot or parcel of land on which the weeds were so removed, and against such lots or parcels of land in front of or abutting on such street or alley on which such weeds were removed, and the city clerk, at the time of certifying other city taxes, shall certify 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.
(d) 
The cost of mowing and trimming or clean up shall be based upon the number of hours required by the city to complete the work. The cost shall be billed at a rate to be determined on a schedule to be maintained by the City Clerk and to be approved by the City Council as amended by the City Council from time to time as deemed appropriate. Said schedule shall contain a minimum charge for any property to be mowed along with per hour charges for equipment use and a per hour charge for the time of city employees. This subsection shall in no way effect the ability of the city to use independent contractors and to pay the rate obtained from said contractors pursuant to the provisions of subsection (e) herein.
(e) 
The city superintendent may, at his or her discretion, hire independent contractors to do the work. In that even, he or she shall obtain a minimum of two written bids before entering into a contract for mowing and cutting services.
(Code 2008; Ord. 846, Sec. 4; Ord. 802, Sec. 2; K.S.A. 12-1617f)
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 a manner not inconsistent with this article.
(Code 2008; Ord. 846, Sec. 5)
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 a code violation.
(Code 2008; Ord. 846, Sec. 6)
(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 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), 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), and sericea lespedeza (Lespedeza cuneata).
(Code 2008; Ord. 846, Sec. 7; K.S.A. 2-1314)