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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 curb line of any adjacent street or the center line of any adjacent alley, including, but not specifically limited to, sidewalks, alleys, easements, rights of way and all other areas, public or private. All "weeds", as defined in Section 4-6-1 of this Chapter, are hereby declared a nuisance and are subject to abatement as hereinafter provided. (Ord. 995, 8-4-1997)
A. Content Of Notice: The Chief of Police shall designate a public officer to be charged with the administration and enforcement of this Chapter. 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 Chapter, by mail or by personal service, once per calendar year. Such notice shall include the following:
1. Violation Of Law: The owner, occupant or agent in charge of the property is in violation of the City weed control law.
2. Order To Cut: 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. Request For Hearing: The owner, occupant or agent in charge of the property may request a hearing before the City Council or its designated representative within five (5) days of the receipt of notice.
4. Authority Of City To Cut; Assessment Of Costs: 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 of the property.
5. Assessment Added To Property Tax: 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. No Further Notice Given: No further notice shall be given prior to removal of weeds during the current calendar year.
7. Contact Public Officer For Questions: The public officer should be contacted if there are any questions regarding the order.
B. Change In Record Owner: If there is a change in the record owner of title to 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 title to such property is provided notice as required by this Section. (Ord. 995, 8-4-1997)
A. Authorized: Upon the expiration of ten (10) days after receipt of the notice required by Section 4-6-3 of this Chapter, 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 4-6-2 of this Chapter, 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. (Ord. 995, 8-4-1997)
B. Notice: The public officer or an authorized assistant shall give notice to the owner, occupant or agent in charge of the premises by registered mail of the costs of abatement of the nuisance. The notice shall state that payment of the costs due are payable within thirty (30) days following receipt of the notice. (Ord. 995, 8-4-1997; amd. 1998 Code)
C. Failure To Pay: If the costs of removal or abatement remain unpaid after thirty (30) days following receipt of notice, a record of the costs of 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 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 tax rolls of the County. (Ord. 995, 8-4-1997)
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 Chapter. (Ord. 995, 8-4-1997)
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. (Ord. 995, 8-4-1997)
Nothing in this Chapter shall affect or impair the rights of the City under the provisions of Kansas Statutes Annotated chapter 2, article 13, relating to the control and eradication of certain noxious weeds. 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 (Franscria tomentosa and discolor)
pignut (Hoffmannseggia densiflora)
musk (nodding) thistle (Carduus nutans L.)
Johnson grass (Sorghum halepense)
(Ord. 995, 8-4-1997)