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, grass, brush, tree limbs, stumps, or unsightly vegetation to remain upon said premises or any area between the curb lines then from ten (10) feet outside of said premises and the centerline of any adjacent street or alley, including but not specifically limited to sidewalks, curbs, driveways, streets, alleys, easements, rights-of-way and all other areas, public or private. All areas along sidewalks, curbs, driveways, and alleyways must be edged, and no grass, weeds or vegetation shall be allowed to overgrow the aforementioned areas. All weeds as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.

(Ord. 417, Sec. 1; Code 2004)

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 rodents, 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 any 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.

(Ord. 417, Sec. 2; Code 2004)

(a)   The Governing Body shall designate an enforcement officer to be charged with the administration and enforcement of this article. The enforcement officer or authorized designee shall notify the city clerk of any violation of this Article.

(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. If the property is unoccupied and the owner is a nonresident, such notice shall be sent by certified mail, return receipt requested, to the last known address of the owner.

(c)   Notice shall only be given to the owner, occupant or agent of each property one-time yearly. It shall be a written notification by mail or personal service to the owner, occupant or agent. In addition, such notice shall include a statement that no further notice shall be given prior to removal of weeds.

(d)   The notice shall state that before the expiration of the waiting period provided herein the recipient thereof may request a hearing before the governing body or its designated representative.

(e)   The notice shall state that violation of such provision may be prosecuted in the municipal court of the city.

(f)   The notice shall state that the cost of such removal or abatement and notice shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed and charged against the lot or parcel of ground on which the nuisance was located.

(g)   If the occupant, owner or agent fails to request a hearing or refuses to cut or remove such weeds, after five (5) days’ notice by the city clerk, or in cases where the owner is unknown or is a nonresident, and there is no resident agent, 10 days after notice has been published by the city clerk in the official city paper, the enforcement officer shall cut or destroy such weeds and shall keep an account of the cost of same and report to the city clerk.

(h)   If the cost of such removal or abatement and notice is not paid within the thirty-day period, the cost shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or in the alternative shall be assessed and charged against the lot or parcel of ground on which the nuisance was located.

(i)    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 section.

(Ord. 417, Sec. 3; Code 2004; K.S.A. 12-1617f)

(a)   If the owner, occupant or agent in charge of the property has neither alleviated the conditions causing the alleged violation nor requested a hearing within the time periods specified section 8-403, the public works director or an authorized assistant shall abate or remove the conditions causing the violation.

(b)   If the city abates or removes the nuisance pursuant to this section, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section.

(c)   The notice shall also state that if the cost of the removal or abatement is not paid within a 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of 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, or by any other lawful means but only until the full cost and applicable interest has been paid in full.

(K.S.A. 12-1617f; Ord. 417, Sec. 4; Code 2004)

The enforcement officer has the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists, and to affect any other purpose of this Article; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. 417, Sec. 5; Ord. 719 Sec. 2; Code 2004)

It shall be unlawful for any person to interfere with or to attempt to prevent the enforcement officer or his/her 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.

(Ord. 417, Sec. 6; Code 2004)

(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 article, 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).

(c)   All noxious weeds are hereby declared to be nuisances and may be abated in conformance with the procedures set forth in this Article.

(K.S.A. 2-1314; Ord. 417, Sec. 7; Code 2004)

Indigenous grasses, or natural prairie grasses, shall not be considered weeds and may be maintained within the corporate limits of the city in public or private areas exceeding five (5) acres in contiguous size, if the following are met:

(a)   An attractive wooden or stone sign is posted designating the area a natural grasses reclamation area;

(b)   The area is maintained free of noxious weeds as described in Section 407 of this Article;

(c)   The area is maintained free of trash or debris which would cause the area to become unsightly; and

(d)   The property owner or agent shall maintain a mowed area of at least five (5) feet between tall natural grasses and any abutting residential property of less than 25 acres.

Such grasses may also be used for erosion control purposes on appropriate road, rail, and watercourse projects with the approval of the city council upon recommendation of the city engineer.

The Kansas State Extension Service, may provide expert advice on appropriate maintenance practices for such grasses, but enforcement of this section shall be in accordance with section 8-403 of this article.

(Ord. 604, Sec. 1)