§ 7.40.060. Rank grass, weeds or other vegetation as nuisance—Abatement—Assessment of costs.

(a)

Rank grass, weeds or other vegetation over twelve inches in height upon any lot or piece of land or upon the streets and alleys in front of and abutting upon any such lot or piece of land within the city is declared a public nuisance. It is unlawful for the owner of any such lot or piece of land to permit rank grass, weeds or other vegetation in excess of twelve inches in height to exist and remain on said owner's land or upon the streets and alleys in front of and abutting upon any such lot or piece of land owned by said owner.

(b)

Upon a determination by the health officer, that a nuisance such as is described in subsection (a) of this section exists that it constitutes a menace and danger to the health of the inhabitants of the city, or any neighborhood, family or resident thereof, the city shall, subject to the provisions contained in this chapter, be permitted to abate such nuisance and assess the cost thereof against the owner of the land on which the nuisance is located.

(c)

Before the city can proceed to abate a nuisance described in subsection (a) of this section, the health officer shall issue notice requiring the owner or the agent of the owner of the property on which said nuisance is located to remove and abate such nuisance with five days from the date such notice is mailed or served. Such notice shall be provided to the owner or agent of the owner of such property by restricted mail sent to the last known address of such owner or agent or by personal service. Such notice shall state that the recipient may, before the expiration of the stated waiting period, request a hearing before the health officer to contest the officer's determination that a nuisance exists.

(d)

If the owner or agent of the owner fails to abate such nuisance with the period of time stated in the notice or such other period of time as directed by the health officer after a hearing before the officer in which the existence of a nuisance is confirmed and an order is issued to abate the same, the city may cause such nuisance to be abated. The city may, upon mailing notice of the cost of such abatement to the owner or agent of the owner of the property on which such nuisance exists, assess the total cost of such abatement to said real property. Such notice shall be sent by registered mail to the last known address of said owner or agent of said owner and shall state that the payment of such costs is due within thirty days following the receipt of such notice.

(e)

If the cost of such removal or abatement and notice is not paid within said thirty-day period, the costs shall be certified by the health officer to the city clerk and shall be collected in the manner provided by K.S.A. 12-1, 115, and amendments thereto or shall be assessed and charged against the lot or parcel of ground on which the nuisance was located. If the cost is to be assessed, the city clerk, at the time of certifying other city taxes to the county clerk, shall certify the aforesaid costs, and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground, 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.

(f)

Nothing contained in this chapter concerning the assessment of costs for the abatement of the nuisance described in subsection (a) of this section shall prohibit the city from prosecuting violations of said subsection (a) as a general misdemeanor.

(g)

The health officer is empowered in the exercise of his/her discretion to exempt from both violation prosecution and abatement enforcement the owners and their agents or other persons in possession of properties on which rank grass, weeds or other vegetation over twelve inches in height are maintained for educational, aesthetic, conservation, recreational, productive or other beneficial purposes.

(h)

In lieu of giving notice as provided above, the authorized public officer may, for the initial notice or any subsequent notice, send a one-time yearly written notification by mail or personal service. Such notice shall include the same information required above. In addition, such notice shall include a statement that no further notice shall be given prior to removal of weeds. If such a one-time notice is sent pursuant to this subsection, no additional notices are required to be sent prior to removal of weeds for one calendar year from the date of that notice.

(Ord. No. 45-230 § 5; Ord. No. 45-044 § 1)