97-9785 Enable Weed Assessments(Published in The Salina Journal February 0 1997)
ORDINANCE NUMBER 97-9785
AN ORDINANCE RELATING TO THE CUTTING OF WEEDS
AND VEGETATION, PROVIDING FOR NOTICE AND PROVIDING FOR
CUTTING BY THE CITY OF SALINA, AND PROVIDING FOR CHARGES
THEREFOR.
BE IT ORDAINED by the Governing Body of the City of
Salina, Kansas:
Section 1. WEEDS TO BE REMOVED. 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 the premises or any
area between the property lines of the 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.
Section 2. DEFINITIONS.
(a) Calendar Year as used herein, means that period of time
beginning January 1 and ending December 31 of the same year.
(b) Weeds as used herein, means any of the following:
(1) Brush and woody vines shall be classified as weeds;
(2) Weeds and indigenous grasses which may attain such large
growth as to become, when dry, a fire menance to adjacent
improved property;
(3) Weeds which bear or may bear seeds of a downy or wingy
nature;
(4) 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;
(5) 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 twelve (12) inches in height.
Section 3.
PUBLIC
OFFICER;
NOTICE TO
REMOVE. The City
Manager shall designate
a public
officer to
be charged
with the administration
and enforcement of this ordinance. 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 ordinance, by
mail or by
personal
service, once
per calendar year. Such
notice shall include
the following:
(a) That the owner, occupant or agent in charge of the property is
in violation of the city weed control law.
(b) That 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.
(c) That the owner, occupant or agent in charge of the property
may request a hearing before the governing body or its
designated representative within five days of the receipt of
notice.
(d) That 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 in charge of the property.
(e) That 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.
(f) That no further notice shall be given prior to removal of weeds
during the current calendar year.
(g) That the public officer should be contacted if there are any
questions regarding the order.
If there is a change in the record owner of title to property
subsequent to the giving of notice pursuant to this subsection, 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 l
to such property is provided notice as required by this section.
Section 4.
ABATEMENT;
ASSESSMENT OF
COSTS.
year.
(a) Upon
the expiration
of ten (10) days
after receipt of the notice
required by Section 3, 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 1, 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.
(b) The public
officer
or an
authorized assistant
shall give notice
to the owner, occupant or agent in charge of the premises by
restricted mail of the costs of abatement of the nuisance. The
notice
shall
state
that
payment
of the costs is
due and payable
within
thirty
(30)
days
following
receipt of the
notice.
(c) 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 j
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.
Section
5. RIGHT
OF ENTRY.
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.
Section 6. UNLAWFUL INTERFERENCE. 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.
Section 7. NOXIOUS WEEDS.
(a) Nothing in this ordinance 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 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).
Section 8. Effective Scope of Ordinance. This ordinance shall be
effective only for the current calendar year.
Section 9. This Ordinance shall be in full force and effect from and
after its adoption and publication once in the official city newspaper.
Introduced: January 27, 1997
Passed: February 3, 1997
Ev n Maxwell, Mayor
[ SEAL]
ATTEST:
JudyD. ng, CMC, Cly, Clerk