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 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. 1006, Sec. 2; Ord. 2036, Sec. 1)

(a)   For purposes of this Article, the following terms shall have these definitions:

(1)   Meadow Vegetation means grasses and flowering broad-leaf plants, other than Prohibited Weeds, that are native to, or adapted to, the state of Kansas, and that are commonly found in meadow and prairie plant communities.

(2)   Native Plants mean grasses, including Meadow Vegetation, sedges (solid, triangular-stemmed plants resembling grasses), forbs (flowering broadleaf plants), trees, and shrubs, that are plant species native to or naturalized to the State of Kansas. Native Plants do not include Prohibited Weeds.

(3)   Turfgrass means commercially available cultured grass varieties that are grown to create turf, including bluegrass, fescue, and ryegrass blends, commonly used in regularly cut lawn areas.

(4)   Prohibited Weeds mean:

(A)  Noxious weeds as defined and designated by the Kansas Noxious Weed Act (See K.S.A. 2-1313a et seq.), as amended from time to time; or

(B)  Weeds and grasses which, as determined by the public officer, have attained such large and dense growth as to become, when dry, a fire menace to adjacent improved property; or

(C)  Weeds and grasses which, as determined by the public officer, harbor concentrated levels of rats, insects, animals, reptiles, or any other creature which may or does constitute a menace to health, public safety or welfare; or

(D)  Weeds and grasses on or about property which, as determined by the public officer, has a blighting influence on the neighborhood due to its height or neglect. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed 12 inches in height and are not contained within an exempt area as set forth in subsection (b) hereinbelow.

(b)   In order to encourage preservation of natural habitats, cultivation and growth of natural food sources, conservation of water, retain areas in their natural states, or for areas used for agricultural or governmental purposes and/or not conducive to regular mowing and maintenance, certain areas of properties may be deemed exempt from the prohibitions of this Article 4. In order to qualify as exempt, the burden of proof to produce evidence sufficient to meet the exemption is on the landowner, who must provide such evidence in writing to the city code officer no later than ten (10) days after the date of receiving written notice of a violation from the City. To be considered exempt, the area of property in question must meet one of the following:

(1)   It qualifies as being part of a “Garden”, which is a cultivated area dedicated to growing vegetables, fruits, flowers, ornamental grasses, shrubs, and similar plants, planted and maintained in well-defined borders.

(2)   It qualifies as being part of a “Native Plant Landscape Area”, which is an area that does not qualify as a Garden and is an area where Native Plants are being or have been planted in a well-defined and maintained border and all of the following conditions are met:

(A)  The area is set back not less than twenty feet from the front lot line. For purposes of this subsection, corner lots are deemed to have two front yards;

(B)  The area is set back not less than five feet from the side and rear lot lines. No setback is required on the side or rear lot lines if (a) there is a fully opaque fence at least five feet in height installed between the native plants and the side or rear lot lines or (b) the native plants abut a neighboring native plant landscape area that meets this subsection;

(C)  The area is maintained according to current industry standards for the kind of vegetation being grown, to include seasonal cutting or burning as appropriate;

(D)  Turfgrass is immediately eliminated, and the area is planted through transplanting or seed by human or mechanical means; and

(E)   Soil erosion is controlled while the ground is bare of plant growth.

(3)   It qualifies as being part of “Natural Areas”, which are undeveloped landscapes not changed, altered, moved, cultivated or planted by human or mechanical means, and which do not contain Turfgrass.

(4)   It qualifies as being used for an “Agricultural Purpose” as evidenced by fertilizer or pesticide use for the cultivation of plants, trees or crops annually grown, raised and harvested at an appropriate date, or the raising of livestock, or pasturage containing hay or grasses annually grown and baled at an appropriate date but no later than August 15 of each year.

(5)   The area has slopes at or steeper than three units horizontal to one unit vertical (3:1).

(6)   The area is part of government park land, an officially designated floodplain, and/or a drainage pond or ditch that stores or conveys storm water.

(c)   Areas of land will lose exempt status if they create sight distance problems, there is evidence of neglect, and/or the land contains “Noxious Weeds” as defined by the Kansas Noxious Weed Act (See K.S.A. 2-1313a et seq.).

(d)   The City may require specific conditions on individual landowners in order to maintain an exemption hereunder, such as requiring a minimum strip of Turfgrass along the perimeter of the property.

(Ord. 1006, Sec. 1; Ord. 2036, Sec. 1; Ord. 2499)

(a)   The City Administrator shall designate a public officer to be charged with the administration and enforcement of this article. The public officer or authorized assistant shall give written notice to the owner, occupant or agent of such property by certified mail, return receipt requested, or by personal service to cut or destroy weeds; provided, however, that if the property is unoccupied and the owner is a nonresident, such notice shall be sent by certified, return receipt requested, to the last known address of the owner. Such notice shall only be given once per calendar year.

(b)   The notice to be given hereunder shall state:

(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, occupant or agent in control of the property is ordered to cut or destroy the weeds within 10 days of the receipt of the notice;

(3)   that the owner, occupant or agent in control of the property may request a hearing before the governing body or its designated representative within five days of the receipt of the notice or, if the owner is unknown or a nonresident, and there is no resident agent, 10 days after notice has been published by the city clerk in the official city newspaper;

(4)   that if the owner, occupant or agent in control of the property does not cut or destroy the weeds or fails to request a hearing within the allowed time the city or its authorized agent will cut or destroy the weeds and assess the cost of the cutting or destroying the weeds, including a reasonable administrative fee, against the owner, occupant or agent in charge of the property;

(5)   that the owner, occupant or agent in control of the property will be given an opportunity to pay the assessment, and if it is not paid within 30 days of such notice, it will be added to the property tax as a special assessment;

(6)   that no further notice will be given during the current calendar year prior to the removal of weeds from the property; and,

(7)   that the public officer should be contacted if there are questions regarding the order.

(c)   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 Article.

(Ord. 1006, Sec. 3; Ord. 2023, Sec. 1; Ord. 2036, Sec. 1)

(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 in section 8-403, the public officer 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 the 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, but only until the full cost and applicable interest has been paid in full.

(K.S.A. 12-1617f; Ord. 1006, Sec. 4; Ord. 2036, Sec. 1)

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 ordinance.

(Ord. 1006, Sec. 5; Ord. 2036, Sec. 1)

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 violation of this Article.

(Ord. 2036, Sec. 1)

(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 purposes of this Article, noxious weeds are as defined and designated by the Kansas Noxious Weed Act (See K.S.A. 2-1313a et seq.), as amended from time to time.

(K.S.A. 2-1314; Ord. 1006, Sec. 6; Ord. 2036, Sec. 1; Ord. 2499)