The rank growth of weeds and obnoxious growths of vegetation are hereby declared to be a nuisance, and it shall be unlawful for any occupant, owner or person in charge of lots or pieces of land within the City to fail to cut and destroy all weeds, vegetation, or plant growth in excess of twelve (12) inches on such lots or pieces of land and in the streets and alleys in front of and abutting such lots or pieces of land occupied or owned by them or under their charge. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
(Ord. 665; Code 2019)
Any person violating the provisions of this article shall be guilty of an infraction. Any person convicted of a violation of the provisions of this article shall be fined in any sum not less than $50 nor more than $500, plus court costs.
(Ord. 665; Code 2019)
Whenever an officer, authorized to enforce violations of the provisions of this Code, determines that there has been a violation of Section 8-301, he/she or the City Clerk shall give notice to abate such violation to the person or persons responsible for the violation.
Such 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. Such notice shall be served on 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.
(Ord. 699)
If the occupant, owner, or agent fails to request a hearing or refuses to cut or remove such weeds, after five (5) days’ notice, or in cases where the owner is unknown or is a nonresident, and there is no resident agent, ten (10) 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.
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. The City also may recover the cost of providing notice, including postage, required by this section.
Such notice also shall state that payment of such cost is due and payable within 30 days following receipt of such notice. 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. 699)
In lieu of giving notice as provided by Section 8-303, the officer authorized to enforce this Code or the City Clerk, for the initial notice or any subsequent notice, may send a one-time yearly written notification by mail or personal service. Such notice shall include the same information required in Section 8-303. In addition, such notice shall include a statement that no further notice shall be given prior to removal of weeds. If such a one-time notice is sent pursuant to this subsection, no additional notices are required to be sent prior to removal of weeds for one calendar year from the date of that notice.
(Ord. 699)