[CC 2000 §8-201; Ord. No. 990 §8-201, 1-12-2000]
The purpose of this Article is to establish requirements for
the control of nuisance weeds in order to protect the value of properties
within the City as well as to protect the public health and welfare
of the residents and businesses of the City and to authorize the City
to take certain actions to ensure that the intent and requirements
of this Article are met.
[CC 2000 §8-202; Ord. No. 990 §8-202, 1-12-2000]
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.
[CC 2000 §8-203; Ord. No. 990 §8-203, 1-12-2000; Ord. No. 1162 §1, 6-8-2005]
Untended or uncontrolled brush and woody vines shall be classified
as weeds;
Brush, woody vines, broadleaf plants and grasses which may attain
such large growth as to become, when dry, a fire menace to adjacent
improved property;
Any broadleaf plants which bear or may bear seeds of a downy
or windy nature;
Untended or uncontrolled plants which are located in an area
which harbors rats, insects, animals, reptiles or any other creatures
which either may or does constitute a menace to health, public safety
or welfare;
Broadleaf plants and grasses on or about residential, commercial
or industrial property which, because of its height, has a blighting
influence on the neighborhood. Any such broadleaf plants and grasses
shall be presumed to be blighting if they exceed eight (8) inches
in height.
[CC 2000 §8-204; Ord. No. 990 §8-204, 1-12-2000; Ord. No. 1153 §1, 4-13-2005; Ord. No. 1342 §4, 3-16-2011]
A.
The
City Administrator or his/her designee is hereby designated as the
"Public Officer" and shall be charged with the administration and
enforcement of this Article. The Public Officer or an authorized assistant
shall notify in writing the owner, occupant or agent in charge of
any premises in the City upon which weeds exist in violation of this
Article, by mail or by personal service, once per calendar year. Such
notice shall, as a minimum, include the following:
1.
The owner, occupant or agent in charge of the property is in violation
of the City weed control law;
2.
The owner, occupant or agent in charge of the property is ordered
to cut the weeds within seven (7) days of the receipt of notice;
3.
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 of the notice;
4.
If the owner, occupant or agent in charge of the property does not
cut the weeds or grass to the satisfaction of the Public Officer,
the City or its authorized agent will cut the weeds and assess the
cost of the cutting, including a reasonable administrative fee, against
the owner, occupant, or agent in charge of the property and at the
option of the Public Officer will:
5.
The owner, occupant or agent in charge of the property will be given
an opportunity to pay the assessments and, if it is not paid, the
assessments will be added to the property tax as a special assessment;
6.
No further notice shall be given prior to removal of weeds during
the calendar year;
7.
The owner, occupant or agent in charge of the property should contact
the Public Officer if there are any questions regarding the order.
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If there is a change in the recorded owner of title to the property
subsequent to the giving of notice pursuant to 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 recorded owner of title to such property has been provided notice
as required by this Section.
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[CC 2000 §8-205; Ord. No. 990 §8-205, 1-12-2000; Ord. No. 1153 §2, 4-13-2005; Ord. No. 1342 §5, 3-16-2011]
A.
Only one (1) notice required by Section 220.130 need be given to the owner, occupant or agent in charge of the property per calendar year. Following such notice, the Public Officer may take such actions as are authorized by this Section at any time or times during the calendar year.
B.
Upon the expiration of seven (7) days after receipt of the notice required by Section 220.130, 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 220.110, the City or its authorized agent shall cause the weeds to be cut and assess the cost of cutting, including a reasonable administrative fee, against the owner, occupant or agent in charge of the property and, at the option of the Public Officer, will:
C.
The
Public Officer or his/her authorized agent shall give notice to the
owner, occupant or agent in charge of the premises by mail of the
costs of the nuisance fee and the costs of the abatement of the nuisance,
if applicable. The notice shall state the payment of the costs is
due and payable within thirty (30) days following issuance of the
notice.
D.
If
the costs of the nuisance fee or of removal or abatement costs remain
unpaid after thirty (30) days following issuance of the notice, a
record of the costs of such nuisance fee or the costs of the 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 or grasses 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 or grasses 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.
[CC 2000 §8-206; Ord. No. 990 §8-206, 1-12-2000]
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.
[CC 2000 §8-207; Ord. No. 990 §8-207, 1-12-2000]
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.
[CC 2000 §8-208; Ord. No. 990 §8-208, 1-12-2000]
A.
Upon
conviction of the owner, occupant or agent in charge of the property
by the Municipal Court of the City of any provisions of this Article,
such owner, occupant or agent in charge of the property shall be fined
an amount according to the following provisions:
1.
For the first (1st) violation during any calendar year, provided
that the owner, occupant or agent in charge of the property has not
been convicted in the preceding two (2) calendar years, the fine shall
be not less than twenty-five dollars ($25.00) nor more than one hundred
dollars ($100.00).
2.
For the first (1st) violation during any calendar year the owner,
occupant or agent has been convicted of violating the provisions of
this Article in either of the preceding two (2) calendar years, the
fine shall be not less than one hundred dollars ($100.00) nor more
than five hundred dollars ($500.00);
3.
For the second (2nd) and all subsequent violations during any calendar
year, provided that the owner, occupant or agent in charge of the
property has not been convicted in the preceding two (2) calendar
years, the fine shall be not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00);
4.
For the second (2nd) and all subsequent violations during any calendar
year and if the owner, occupant or agent has been convicted of violating
the provisions of this Article in either of the preceding two (2)
calendar years, the fine shall be not less than five hundred dollars
($500.00) nor more than one thousand dollars ($1,000.00).
[CC 2000 §8-209; Ord. No. 990 §8-209, 1-12-2000]
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), duckgrass (Agropyron repens),
leafy spurge (Euphorbia esula), burragweed (Franseria tomentosa and
F. discolor), pignut (Hoffinannseggia densiflora), musk (nodding),
thistle (Carduus nutans L.) and Johnson grass (Sorghum halepense).
