(a)   Except as otherwise provided below, 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 as defined in Section 11-602 to remain upon such premises or any area between the property lines of such 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 defined in Section 11-602 are declared to be a nuisance and are subject to abatement.

(b)   Exceptions. Property which is owned by or otherwise under the maintenance responsibility of the City, and which has been designated as a controlled natural or native grasses planting area, is hereby exempt from the provisions of subsection (a) above.

(Ord. 4223; Ord. 4649-09)

(a)   The term “weeds” means any of the following:

(1)   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).

(2)   Brush and woody vines;

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

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

(5)   Weeds which are located in an area which harbors rats, insects, animals, reptiles, or any other creature which either mayor does constitute a menace to health, public safety or welfare;

(6)   Weeds and indigenous grasses on or about residential property which, because of its height, has a blighting influence on the neighborhood (weeds and indigenous grasses in excess of 12 inches in height being presumed to be blighting).

(Ord. 4223, Sec. 2)

(a)   The designated public officer of the city or an authorized assistant of the public officer is to give notice by restricted mail or by personal service to the owner, agent, lessee, tenant or other person occupying or having charge or control of any premises found to be in violation of the foregoing, directing that within five days after receipt of the notice (or within 10 days, if notice is given by publication as to an unknown or nonresident owner) either the weeds must be cut or removed or a hearing must be requested on the matter before the governing body. If neither is done within such time, the city will cause the weeds to be mowed or removed.

(b)   The city will notify such party of the costs of such cutting or removal, and the costs of giving notice. If such party fails to pay the same to the city within 30 days thereafter, the city will cause such costs to be assessed against such property as a special assessment.

(c)   After a notice has been given once during a calendar year to the owner, agent, lessee, tenant or other person occupying or having charge or control of a premises found to be in violation, it shall not be necessary to give any additional notices to such person or party as to any further violations of these weed control provisions occurring upon such property during the same calendar year before action may be taken on behalf of the city to cut or remove such weeds and to abate on behalf of the city to cut or remove such weeds and to abate the nuisance created thereby, and to then charge and assess the costs thereof; provided, however, that if there is a change in the record owner of title to the property subsequent to the giving of the original notice 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 with an original notice as provided above.

(Ord. 4223, Secs. 1:2)

(a)   Upon the expiration of five days after receipt of the notice required by section 11-603, (or upon the expiration of 10 days, if notice is given by publication as to an unknown or nonresident owner) and in the event there has been no compliance with the requirements of section 11-601, the public officer or an authorized assistant shall cause to be cut or removed all such weeds and the nuisance created thereby abated at any time during that current calendar year.

(b)   The public officer or an authorized assistant shall give notice to such person or party by restricted mail of the costs of abatement of the nuisance, including the costs of giving notice. 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 remain unpaid after 30 days following the giving of notice, a record of such costs shall be certified to the city clerk who shall cause such costs to be assessed against the particular lot or piece of land or 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 special assessments are certified for spreading on the tax rolls.

(K.S.A. 12-1617(f); Ord. 4069, Sec. 4)

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 any and all reasonable hours for the purpose of cutting or removing such weeds in a manner not inconsistent with this article.

(Ord. 4069, Sec. 5)

It shall be unlawful for any person to interfere with or to attempt to prevent the public officer or the public officer’s authorized assistants, employees, contracting agents and other representatives from entering or remaining upon any such lot or piece of ground or from proceeding with such cutting or removal.

(Ord. 4069, Sec. 6)

Nothing in this article shall affect or impair the rights of the city under the provisions of Chapter 2, Article 12 of the Kansas Statutes Annotated, relating to the control and eradication of certain noxious weeds.

(K.S.A. 2-1314; Ord. 4069, Sec. 7)