ORDINANCE NO. 24-07

AN ORDINANCE PERTAINING TO WEEDS AND GRASS, AMENDING SECTIONS 17-11, 17-12, 17-13, 17-14, 17-15, 17-16, 17-17, AND 17-22 OF THE CODE OF THE CITY OF EMPORIA, KANSAS.

WHEREAS, the Governing Body of the City of Emporia finds that excessive growth of vegetation; Noxious Weeds; and the growth of Invasive Plants are all a public nuisance that degrade natural and maintained landscape areas, displace native plant species, increase erosion, destroy wildlife habitat, and/or adversely affect public health, safety or welfare; and that allowing them to proliferate creates short- and long-term impacts on the area including the diminution of property values and the integrity of the neighborhood; and interference with the orderly development and use of property in the City; and

   WHEREAS, the objectives of Article II Weeds and Grass Ordinance are to enhance the City’s environmental health by promoting plants that are native to the region; protect the City’s environmental health by prohibiting plants that are likely to cause environmental harm or harm to human health; and require control and action to prevent the Excessive Growth of Vegetation, eradicate Noxious Weeds, and Poisonous Plants to the Touch, and prevent the spread of Invasive Plants.

NOW THEREFORE, BE IT ORDAINED by the Governing Body of the City of Emporia, Kansas:

Section 1.       That Section 17-11 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:

“Sec. 17-11. Cutting Required:

It shall be unlawful for any owner, occupant, or agent 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.

(Ord. 96-11, § 1, 5-1-1996; Ord. 24-07, § 1, 3-6-2024)”

Section 2.       That Section 17-12 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:

“Sec. 17-12. Definitions:

For the purposes of this article, the following definitions shall apply:

Animal Pests shall mean vertebrate or invertebrate species that have a negative impact on human health, safety, and welfare, including domestic nuisance, property damage, environmental harm, and transmission of disease. Animal Pests include, but are not limited to, certain rodents, reptiles, and insects.

Invasive Plants  shall mean species, including its seeds, spores, or other biological material capable of propagating that species, which is not native to that ecosystem; and whose presence causes or is likely to cause harm to the environment, economy, and/or human health. These species often grow, reproduce, and spread rapidly. Invasive Plants shall include bamboo. Said plants are only allowed when properly controlled as determined by the property inspector.

Native Plants shall mean vegetation that has evolved and naturally occurs in the region including native grasses, herbaceous plants, vines, shrubs, or trees.

Noxious Weeds shall mean plants listed as Category A, Category B or Category C noxious weed in Kansas Administrative Regulations Section 4-8-44 (effective March 26, 2021), entitled “Designation Noxious Weeds.” (See Sec. 17-22)

Planned Sustainable Landscape shall mean a planned, intentional, and maintained planting of primarily native plants, grasses, vines, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants. Planned Sustainable Landscapes do not include turf grass lawns left unattended for the purpose of returning to a natural state.

Property Owner: The named property owner as indicated by the records of the register of deeds or appraiser's office in Lyon County, Kansas.

Representative: Any person or entity listed in Lyon County, Kansas, appraiser's office or treasurer's office for the purposes of paying taxes; a registered agent with the Kansas secretary of state's office for corporate or partnership ownership; an agent or manager directed by the property owner, estate or court order to represent the interests of the property or to otherwise control activities on the real property; or corporate officer.

Occupant: Any person who has a severable or non-severable interest in the real property either by oral or written lease or covenant or by other methods of conveying a limited interest in such lands or any person who occupies or has possession of such real property.

Weeds: As used herein, shall mean any of the following:

(1)   Noxious Weeds;

(2)   Invasive plants, brush, and woody vines when not properly controlled;

(3)   Plants which are likely to cause environmental harm or harm to human health including, but not limited to, plants which are deemed a fire hazard and plants which harbor Animal Pests; or

(4)   Lawn grasses and other vegetation more than 8” in height.

(Ord. 96-11, § 1, 5-1-1996; Ord. 24-07, § 2, 3-6-2024)”

Section 3.       That Section 17-13 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:

“Sec. 17-13. Public Officer:

    The city manager shall designate a public officer to be charged with the administration and enforcement of this article. The public officer or an authorized assistant shall conduct investigations of violations of this article. If it is determined that a violation exists, the officer shall notify the clerk of such violation. (Ord. 96-11, § 1, 5-1-1996; Ord. 99-11, § 1, 5-19-1999; Ord. 24-07, § 3, 3-6-2024)”

Section 4.       That Section 17-14 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:

“Sec. 17-14. Notice to Abate, Requirements:

(a)   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. If the property is unoccupied, there is no agent, and the owner is unknown, notice shall be publicized in the official city newspaper. The notice of abatement shall state:

1.   A common and/or legal description of the property upon which the violation exists;

2.   That the property is in violation of the provisions of the city weed control ordinance;

3.   A description of the nature of the violation that would reasonably allow the property owner, occupant, or agent to determine the nature of the violation to allow for self-abatement;

4.   That the owner, occupant, or agent shall cut or destroy the weeds;

5.   That if the owner, occupant, or agent fails to cut or destroy the weeds within ten (10) days of the mailing of the notice unless extended by the public officer, or in cases where the owner is unknown, and there is no resident agent, ten (10) days after notice has been published by the city in the official city newspaper, the city or its authorized agent may cut or destroy the weeds and assess the costs of removal, including reasonable administrative costs, against such person and property;

6.   That if the assessed costs of removal, including administrative costs, are not paid within thirty (30) days of the date when the assessment becomes due, the costs will be added to the property tax as a special assessment and may be collected from such person in the same manner as a personal debt until the costs are paid in full;

7.   That the public officer should be contacted if there are any questions regarding the notice;

8.   That the notice serves as the one-time yearly written notification for the property and that no further notice shall be given prior to removal of weeds or excess vegetation during the year; and

9.   That before the expiration of the waiting period provided herein the recipient thereof may request a hearing before the Community Housing Board of Appeals.

(b)   The notice of violation shall serve as a onetime yearly written notification for the property unless the record owner of title to the property changes subsequent to the sending of the notice of violation, in which case a notice of violation shall be sent to the new record owner. No further notice shall be given prior to removal of weeds or excess vegetation during the year.

(c)   Failure to sign for the certified, return receipt requested, mail notice from the city, or failure to pick up said notice from the post office within ten (10) days of the mailing of the notice shall not be deemed a lack of notice under this article where delivery was attempted and a record of this attempt was provided as required by procedures for restricted mail.

(Ord. 96-11, § 1, 5-1-1996; Ord. 99-11, § 2, 5-19-1999; Ord. 02-04, § 2, 3-6-2002; Ord. 11-16, 5-4-2011; Ord. 24-07, § 4, 3-6-2024)”

Section 5.       That Section 17-15 of the Code of the City of Emporia, Kansas, is hereby adopted to read as follows:

“Sec. 17-15. Abatement By City:

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

(b)   The city shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property or for damages to property in the reasonable exercise of its duty to the public to abate the violations. The city may use its own employees or contract for services to abate violations of this article. Any authorized officer or agent of the city shall be allowed to relocate or remove any trash, debris, limbs or brush, building materials or other items if such relocation or removal is reasonably necessary to abate the violation.

(Ord. 96-11, § 1, 5-1-1996; Ord. 99-11, § 3, 5-19-1999; Ord. 24-07, § 5, 3-6-2024)”

Section 6.       That Section 17-16 of the Code of the City of Emporia, Kansas, is hereby adopted to read as follows:

“Sec. 17-16. Notice of Costs; Assessment and Collection:

(a)   The city shall give notice to the owner, occupant or agent by certified mail, return receipt requested, of the total cost of such cutting or removal incurred by the city; and the cost of providing notice, including postage, required by this article.

(b)   Such notice also shall state that payment of such cost is due and payable within 30 days following receipt of such notice.

(c)   If the cost of such removal or abatement is not paid within the thirty-day period, the city may levy a special assessment for such cost against the lot or piece of land in the same manner as provided in K.S.A. 12-1617e, and amendments thereto, or the city may collect the cost in the manner provided by K.S.A. 12-1,115, and amendments thereto. 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 any applicable interest has been paid in full.

    (Ord. 96-11, § 1, 5-1-1996; Ord. 99-11, § 4, 5-19-1999; Ord. 24-07, § 6, 3-6-2024)”

Section 7.       That Section 17-17 of the Code of the City of Emporia, Kansas, is hereby adopted to read as follows:

“Sec. 17-17. Exemptions:

The provisions of this article shall not apply to:

(a)   Undeveloped land, which is being used for agricultural purposes and is properly zoned for such use.

(b)   Any tract of land or portion thereof that is being used for agricultural purposes and is properly zoned for such use.

(c)   That portion of an undeveloped platted or unplatted tract, five (5) acres or more in area, which is more than one hundred feet (100') from any property line. (Ord. 96-11, § 1, 5-1-1996)

(d)   Planned Sustainable Landscape areas that meet the following criteria:

1.   all landscape material is maintained in a healthy condition and managed so as not to include unintended vegetation;

2.   The Planned Sustainable Landscape does not contain Invasive Plants, brush, or woody vines which are not properly controlled; turf grass; or any Noxious Weeds;

3.   Landscape boundaries are clearly defined through edging or containment and vegetation is not encroaching onto a neighboring property or public right of way; and

(e)   The Planned Sustainable Landscape meets the following setback requirements:

1.   Three feet from side and/or rear lot lines running the length of the property; and

2.   Three feet from any public street, sidewalk, or alleyway.

3.   No setback is required on side or rear lot lines where the defined landscape area abuts another similar private or public landscape area, or if a solid fence at least four feet in height is installed along the lot line adjoining the planned landscape.

(Ord. 96-11, § 1, 5-1-1996; Ord. 24-07, § 7, 3-6-2024)

Section 8.       That Section 17-22 of the Code of the City of Emporia, Kansas, is hereby adopted to read as follows:

“Sec. 17-22. Noxious Weeds:

(a)   Nothing herein shall affect or impair the rights of the city under the provisions of chapter 2, article 13 KSA, relating to the control and eradication of certain noxious weeds.

(b)   For the purpose of this article and pursuant to K.S.A. 2-1314 and amendments thereto, the term “noxious weeds” shall be designated and planed in the following categories:

1.   Category A noxious weeds, which are weed species that are generally not found in the state or that are found limited in distribution throughout the state;

2.   category B noxious weeds, which are weed species with discrete distributions throughout the state; and

3.   category C noxious weeds, which are weed species that are well established within the state and known to exist in larger or more extensive populations in the state.

(c)   Category A noxious weeds shall be subject to control efforts directed at excluding the noxious weeds from the state or eradicating the population of noxious weeds wherever detected statewide, in order to protect neighboring lands and the state as a whole. Category A noxious weeds shall include the following

1.   Hoary cress, Lepidium draba;

2.   leafy spurge, Euphorbia virgata;

3.   quackgrass, Elymus repens;

4.   Russian knapweed, Rhaponticum repens;

5.   kudzu, Pueraria montana variety lobata; and

6.   pignut, Hoffmannseggia glauca.

(d)   Category B noxious weeds shall be subject to control wherever populations have become established within the state and subject to control efforts directed at eradication wherever populations are not established. Category B noxious weeds shall include Canada thistle, Cirsium arvense.

(e)   New populations of category C noxious weeds shall be subject to control efforts directed at reducing or eradicating those populations. Known and established populations of category C noxious weeds shall be managed by any approved control method. Category C noxious weeds shall include the following:

1.   Field bindweed, Convolvulus arvensis;

2.   musk thistle, Carduus nutans;

3.   sericea lespedeza, Lespedeza cuneata;

4.   Johnsongrass, Sorghum halepense; and

5.   bur ragweed, Ambrosia grayii.

(f)   Any county, city, township, or district weed supervisor or any official of another government agency may require the most stringent control measures specified in this regulation for any noxious weed, regardless of the category in which this regulation places that noxious weed, if the county, city, township, or district weed supervisor or government agency official determines that it is necessary to do so based on the results of the survey provided pursuant to K.S.A. 2-1316, and amendments thereto. (Authorized by and implementing K.S.A. 2019 Supp. 2-1314 and 2-1315; effective March 26, 2021.)

(Ord. 99-11, § 8, 5-19-1999; Ord. 24-07, § 7, 3-6-2024)”

Section 9.   That Sections 17-11, 17-12, 17-13, 17-14, 17-15, 17-16, 17-17, and 17-22 of the Code of the City of Emporia, Kansas as they existed prior to the adoption of this ordinance are hereby repealed.

Section 10.       This ordinance shall take effect upon its publication in the official City newspaper.

Section 11.       The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the City of Emporia, Kansas as an amendment thereto and shall be appropriately renumbered to conform to the uniform numbering system of the Code.

PASSED AND APPROVED by the Governing Body of the City of Emporia, Kansas, this 6 th day of March 2024.

_____________________________

Danny Giefer, Mayor

ATTEST:

___________________________

Kerry Sull, City Clerk