CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 4. WEEDS

The owner, occupant or agent of the owner having control over any lot or parcel of ground, including the street right-of-way to the improved street, shall keep the lot or parcel of land free and clear of all noxious weeds, weeds, and grass in excess of twelve inches (12”) in height or length if matted down. Noxious weeds shall be as defined in K.S.A. 2-1314 or any amendments thereto. “Weeds” as used herein is defined to include:

(a)   Brush and woody vines;

(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 harbor rats, insects, animals, reptiles, or any other creature which either may or does constitute a danger to health, public safety or welfare.

(Code 1976, 7-501; Ord. 762; Ord. 807; Ord. 834; Ord. 931; Code 2015)

Whenever the governing body of the city finds that noxious weeds, weeds, or grass have been allowed to stand in violation of 8-401 of this Code, the City Clerk shall serve notice upon the owner, occupant or agent of the owner having control of the property by restricted mail or by personal service to cut or destroy such noxious weeds, weeds and grass within five (5) days. Such notice shall be given only once in a calendar year. In lieu of such five (5) day notice, in cases where the owner is unknown or is a nonresident, and there is no resident agent, a notice requiring such noxious weeds, weeds and grass to be cut and removed may be published in the official city newspaper; such notice shall require such weeds and grass to be cut and removed within ten (10) days after publication of such notice. Such notice shall be given only once in a calendar year.

(K.S.A. 12-1642; Code 1976, 7-503; Ord. 762; Ord. 807; Ord. 834; Ord. 931; Code 2015)

Before the expiration of the waiting period provided for in the notice, the owner, occupant or agent of the owner having control of the property may request a hearing before the governing body or its designated representative. All notices provided for herein shall state that before the expiration of the waiting period provided in the notice that a hearing may be requested.

If a hearing is requested, the governing body or its designated representative shall conduct a hearing and receive evidence concerning the weeds and grass and make findings concerning the weeds and grass and make findings concerning the necessity for cutting and removal of said weeds and grass.

(Code 1976, 7-504; Ord. 762; Ord. 807; Ord. 834; Ord. 931; Code 2015)

If after the giving of notice as herein provided, the weeds and grass are not cut and removed as required by the notice and no hearing has been requested, the City may:

(a)   Cause such weeds and grass to be cut and removed; and/or

(b)   File a complaint against such owner in the municipal court of the city.

(Code 1976, 7-505; Ord. 762; Ord. 807; Ord. 834; Ord. 931; Code 2015)

The City Clerk shall keep an accurate record of all costs incurred in causing the weeds and grass to be cut and removed, including all removal of trash and debris necessary to cut and remove such weeds and grass, and shall notify the owner, occupant or agent having control of such cost by restricted mail, by mailing a notice to the last known address. All said cost is due and payable by the owner, occupant of agent or owner having control of the property within 30 days of receipt of said notice. The notice of cost given to the owner, occupant, or agent of the owner having control of the property shall state that the payment of such cost is due and payable within 30 days following receipt of such notice.

If the cost of such cutting and removal is not paid within the thirty-day period, the city clerk may certify the aforesaid cost, at the time of certifying other city taxes, to the county clerk, and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground, and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. Additionally, the city may collect the cost as provided in K.S.A. 12-1, 115, as amended. The City may pursue both collection methods, but only until the full cost and any applicable interest has been paid in full.

(Ord. 762; Ord. 807; Ord. 834; Ord. 931; Code 2015)

Nothing in this article shall affect or impair the rights of the city under the provision of Chapter 2, Article 13, Kansas Statutes Annotated and any amendments thereto, relating to the control and eradication of certain noxious weeds. Further, nothing in this article shall affect or impair the rights of the city under the provisions of this code relating to health and welfare nuisances.

(Ord. 762; Ord. 807; Ord. 834; Ord. 931; Code 2015)

Any person, corporation, partnership or association violating the provisions of this article shall, upon conviction thereof, be fined in an amount not to exceed one hundred dollars ($100.00). Each day during or on which a violation occurs or continues shall constitute a separate offense.

(Ord. 762; Ord. 807; Ord. 834; Ord. 931; Code 2015)