Article 5. Removal of Weeds
9.5.1. Weeds to be removed.
It is 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, except as specifically exempted by the city council. All weeds as defined in this Chapter are declared a nuisance and are subject to abatement as provided in this Chapter and in accordance with K.S.A. 12-1756.
(Ord. 345)
9.5.2. Weeds defined; prohibited from causing blight or adverse impact.
For the purposes of and to effect this article, weeds means any of the following:
A. Brush and woody vines, rank grass, uncultivated plants, and unmaintained vegetation shall be classified as weeds;
B. Weeds and grasses which may attain such growth as to become a fire menace to adjacent property;
C. Weeds which bear or may bear seeds of a downy or wingy nature;
D. Weeds and grasses which are located in an area which harbors rats, insects, animals, reptiles, or any other creature which may or does constitute a menace to health, public safety or welfare;
E. Weeds and indigenous grasses which, because of their height, have a blighting influence on neighboring property or properties. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed twelve inches in height.
F. Weeds as defined above growing on lots 1) upon which no dwelling is located or associated and 2) which are not actively being cultivated for agricultural purposes, as defined in K.S.A. 2-3201 et seq., shall be presumed to be blighting if they exceed eighteen inches in height; areas of easement located between sidewalks and roadways shall not exceed twelve (12) inches in height. Alternatively, maintenance plan for subdivision developments under construction may be submitted to the City by the project developer for approval by the Enforcing Officer. Such maintenance plans shall be considered for approval if appropriate for specific area and construction timeline of the project. The City may require modification of the maintenance plan at any time to conform to changing environmental and other conditions.
G. The owner, or lessee, of any large lot which is mowed to preserve grasses and weeds for animal feed purposes (prairie hay) shall notify the City of such intentions, and provide the office of the City Clerk a mowing schedule for such lot. Failure to cut grasses and weeds upon such lot in conformance with the mowing schedule as provided can result in a substantial adverse effect on the public health and safety as set forth in (b) or (d) above, and shall result in a notice to remove as described in this article.
9.5.3. Notice to remove.
A. Such notice to remove shall be served upon such owner, occupant or agent in charge by certified mail, return receipt requested, or by personal service or publication in the City’s official newspaper. If the property is unoccupied and the owner is a nonresident, such notice shall be sent by certified mail, return receipt requested, to the last known address of the owner, and such notice shall be published once in the official city newspaper. Such notice shall include the following:
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 charge of the property is ordered to cut the weeds within five days of the receipt of notice;
3. That the owner, occupant or agent in charge of the property may request a hearing before the City Manager within five days of the receipt of notice;
4. 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;
5. 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;
6. That no further notice shall be given prior to removal of weeds from such property at any time during the current calendar year (January through December); and
7. That the enforcing officer should be contacted if there are any questions regarding the order.
B. Notwithstanding any other provision of this Article, Chapter or of law, any and all notices required which may be served upon tenants shall also be served upon the owner as set forth within this Chapter.
C. If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this Article, the City shall notify the new owner in conformance with 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. 345)
9.5.4. Authorization to abate; right of entry.
A. If the property owner is a resident of the City, within five (5) days after receipt of the notice required by this article the owner, occupant or agent in charge of the premises neglects or fails to comply with the directives contained in the notice provided for in this article, and such owner, occupant, or agent in charge fails to timely file a notice of appeal as provided by this Article, the enforcing officer shall cause to be cut, destroyed and/or removed all such weeds and shall thereafter abate the nuisance created by any weeds upon such premises at any time during the current calendar year. If the property owner is a nonresident of the City, abatement shall take place either five days following the date of receipt provided on the return receipt of mailing, or ten days following the date of publication in the City’s newspaper, whichever date is first.
B. The enforcing officer, and the enforcing officer's authorized assistants, employees, contracting agents or other representatives are 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 consistent with this Article.
C. The enforcing officer, and the enforcing officer's authorized assistants, employees, contracting agents or other representatives of the City shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property, or reasonable attempts to abate the nuisance.
(Ord. 345)
9.5.5. Unlawful interference.
It is unlawful for any person to interfere with or to attempt to prevent the enforcing officer or the enforcing officer's authorized representative from entering upon any such lot or piece of ground or from proceeding with such cutting and destruction. Interference or attempt to prevent shall constitute a violation of this Nuisance Code.
(Ord. 345)
9.5.6. Notice, costs, and enforcement.
Notice, Costs, and Enforcement is pursuant to Article 1 of this Chapter unless otherwise stated within this Article.
9.5.7. Rights unaffected.
Nothing in this Article shall affect or impair the rights of the City of Bel Aire, under the provisions of Chapter 2, Article 13 of the Kansas Statutes Annotated, relating to the control and eradication of noxious weeds.
(Ord. 345)