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 center line 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 1961, 9-4-1; Ord. 3213; Code 2023)

CALENDAR YEAR: That period of time beginning January 1 and ending December 31 of the same year.

CERTIFIED MAIL: Mail deposited with the U.S. postal service as “Certified Mail” and endorsed on the face thereof as such and “Deliver only to addressee” and on which sufficient postage has been paid to permit delivery thereof by the U.S. postal service.

WEEDS: Any of the following:

(a)   Brush or woody vines shall be classified as weeds;

(b)   Weeds and indigenous 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 indigenous grasses on or about residential property which, because of their height, have a blighting influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed eight inches (8”) in height.

(Code 1961, 9-4-2; Ord. 3213; Code 2023)

The City Manager shall designate a public officer to be charged with the administration and enforcement of this article.

(a)   The public officer or an authorized assistant shall notify in writing by certified mail or by personal service the owner, occupant or agent in charge of any premises in the city upon which weeds exist in violation of this article, once per calendar year. 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 of the receipt of 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 of the receipt of 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 the 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.

If there is a change in the record ownership to any such 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 such property is provided notice as required by this section.

(b)   In the event the owner cannot be found or ascertained, in the alternative the public officer or an authorized assistant may cause such notice to be published in an official newspaper of the city and the time given in such notice for the owner or agent to cut such growth of weeds shall be ten (10) days from the date such notice is first published. Otherwise the content of such notice shall comply with subsection (a), except the provisions of subsection (a)(6) shall be omitted. For purposes of calculating time in the administration of the remaining sections of this chapter and article, in the case of a notice by publication the date of first publication shall be deemed to be the date of receipt of said notice by the owner, occupant or agent in charge of the premises.

(Code 1961, 9-4-3; Ord. 3376; Code 2023)

(a)   If, after ten (10) days following receipt of the notice required by section 8-303, the owner, occupant or agent in charge of the premises shall neglect or fail to comply with the requirements of section 8-301, 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)   Following such abatement, the public officer or an authorized assistant shall give notice to the owner, occupant or agent in charge of the premises of the costs of abatement of such nuisance. The notice shall state that payment in full must be made within ten (10) days following receipt of the notice, failing such payment a twenty percent (20%) penalty shall attach and the costs and such penalty will become a lien against the land.

(c)   If such costs remain unpaid after ten (10) days following receipt of such notice, a penalty of twenty percent (20%) of the unpaid balance shall be added thereto and the City Clerk shall make a record of the costs of cutting and destruction and/or removal and shall certify the same to the County 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 county’s tax rolls.

(d)   Charges for removal of weeds or rubbish from private property when performed by the city shall be charged at the rate of seventy-five dollars ($75.00) per hour, with a minimum charge of one hundred dollars ($100.00) per lot.

(Code 1961, 9-4-4; Ord. 3453; Code 2023)

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 1961, 9-4-5; Ord. 3213; Code 2023)

(a)   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.

(b)   Anyone found guilty of violating this section shall be punished as provided in the general penalty sections of this code.

(Code 1961, 9-4-6; Ord. 3213; Code 2023)

(a)   Nothing in this article shall affect or impact 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).

(Code 1961, 9-4-7; Ord. 3213; Code 2023)

The public officer charged with the administration and enforcement of this article shall be authorized to issue an annual agricultural use permit subject to rules and regulations adopted by the administrative authority for property being used for hay or the pasture of animals. Such permits shall expire on December 31 of the same year issued. Provided, no such permit shall be issued for a tract, lot or parcel of land less than two (2) acres in area.

(Code 1961, 9-4-8; Ord. 3213; Code 2023)