96-9724 Levy Weed Assessments(Published in The Salina Journal March J , 1996)
ORDINANCE NUMBER 96-9724
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.
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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
I 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 I
to such property is provided notice as required by this section.
Section 4. ABATEMENT; ASSESSMENT OF COSTS.
(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
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: February 12, 1996
Passed: February 26, 1996
ohn Divine, Mayor
[SEAL]
ATTEST:
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