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 centerline of any adjacent street or alley, including but not specifically lin1ited 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.

(Prior Code § 7-301)

Weeds, as used herein, means any of the following:

(a)   Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

(b)   Weeds which bear or may bear seeds of a downy or wingy nature;

(c)   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; and

(d)   Weeds and indigenous grasses on or about residential 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.

(Prior Code § 7-302; Ord. 857)

(a)   The governing body shall designate a public officer to be charged with the administration and enforcement of this article. The public officer or an authorized assistant shall notify the owner, or their agent, in charge of any premises in the city upon which weeds exist in violation of this article, by mail or by personal service. 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, their agent, or the person in charge of the property is ordered to cut the weeds within ten days of the mailing of the notice and to keep such weed cut during the remainder of the calendar year;

(3)   That the owner, their agent, or the person in charge of the property may request a hearing before the governing body or its designated representative within seven days of the mailing of the notice;

(4)   That if the owner, their agent, or the person in charge of the property does not cut the weeds and keep the weeds cut for the remainder of the calendar year, the city or its authorized agent will cut the weeds and assess the cost of the cutting, including a progressively increasing administrative fee, against the owner, their agent, or the person in charge of the property;

(5)   That the owner or their 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 the public officer should be contacted if there are any questions regarding the order; and

(7)   Only one notice is required to be mailed as to any one property during a calendar year. Even if the owner, their agent, or the person in charge of the property mow such weeds once upon receipt of the notice, if they fail to continue mowing such weeds to the point that the property is in violation of the city code again during the calendar year, the city is entitled to mow the property without notice during the calendar year.

(b)   If the owner or their agent in charge of the property cannot be served in the above manner, service may be made by publishing one notice in the official city newspaper. If notice is made by publication, the owner or their agent in charge of the property will be ordered to cut the weeds within ten days from the date of publication.

(Prior Code § 7-303; Ord. 735)

(a)   Upon the expiration of ten days after the mailing of the notice required by section 8-403 of this article, and in the event that the owner or their agent in charge of the premises shall neglect or fail to comply with the requirements of section 8-401 of this article, 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. Nothing shall require the mailing of more than one notice in any calendar year.

(b)   The public officer or an assistant shall give notice to the owner or their agent in charge of the premises by certified mail of the costs of abatement of the nuisance. The notice shall state that payment of the costs is due and payable within 30 days following receipt of the notice.

(c)   If the costs of removal or abatement remain unpaid after 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.

(Prior Code § 7-304; K.S.A. 12-1617f; Ord. 735)

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 nor inconsistent with this article.

(Prior Code § 7-305)

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 a code violation. Punishment for conviction of said code violations shall be as provided herein. Fine not to exceed $500.

(Prior Code § 7-306)

(a)   Nothing in this article shall affect or impair the rights of the city under the provisions of K.S.A. Chapter 2, Article 13, 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).

(Prior Code § 7-307; K.S.A. 2-1314)