The City, under authority of K.S.A. 12-1617f and K.S.A. 2-1314, is hereby authorized to provide for and require the cutting or destruction of noxious weeds, weeds, and other uncontrolled vegetation on lots or pieces of land within the City.

(Code 2014; Ord. 2501)

All weeds, noxious weeds, and uncontrolled vegetation are hereby declared a nuisance and are subject to abatement as hereinafter provided. It shall be unlawful for any person who occupies or has charge or control of any premises to permit weeds, noxious weeds, or uncontrolled vegetation to remain upon said premises or any area between the property lines of said premises and the centerline of any adjacent street or alley, to include but not specifically limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private.

(a)   Property zoned AG and A-1 is exempt from the requirement to remove weeds except for a 30-foot area that surrounds any single-family residence on the property which classifies yard area, but shall follow the requirements for control of noxious weeds as defined in this Article.

(b)   Each undeveloped parcel of land less than or equal to five (5) acres zoned residential, commercial or industrial, listed as an agricultural use with the County is not exempt from the requirements of this Code.

(c)   Each undeveloped parcel of land greater than five (5) acres zoned residential, commercial or industrial, listed as an agricultural use with the County shall not fall under the requirements of this Code other than removal of weeds within thirty (30) feet of a public roadway, thirty (30) feet of adjacent developed property and shall follow the requirements for control noxious weeds as defined in this Article.

(Code 2014; Ord. 2404; Ord. 2501)

(a)   The City Clerk shall cause a general public notice to be placed in the official newspaper once each calendar year. Such notice shall read substantially as follows:

PUBLIC NOTICE

CITY OF BONNER SPRINGS, KANSAS

Notice is hereby given to all property owners, representatives and tenants of property located within the City of Bonner Springs, Kansas, that it is unlawful to allow the excessive growth of weeds, grass and uncultivated plants. Excessive growth means more than twelve (12) inches in height or in length if matted down. Violators will be subject to prosecution and assessment of cost for abatement for such violations. If a violation is determined to exist, notification will be provided by regular mail, certified mail, personal service or publication.

The occupant, owner or agent has five (5) days (in cases where the owner is unknown or is a nonresident and there is no resident agent, ten (10) days) to either eradicate the excessive growth of vegetation or request a hearing before the Codes Officer or designated representative. If a hearing is not requested and the violation is not corrected within the allotted five (5) or ten (10) day period, then the City or its authorized agent will remove the excessive growth of vegetation by reasonable means and assess the cost of removal, including reasonable administrative cost. Notice of the total cost of such abatement shall be provided to the owner, occupant, or an agent by either regular mail, certified mail, personal service, or publication. Failure to pay said cost within 30 days of the date when the notice is mailed or served will result in said cost being added to the property tax as a special assessment, or which may be collected as a personal debt of the property owner.

Notice will be deemed provided if mailed to the address where the violation exists, or the address listed with Wyandotte County, Kansas, for the purpose of paying taxes on the property. No further notice shall be given prior to the removal of weeds or excessive growth during the current calendar year.

The City may abate or remove the excessive growth of vegetation upon any property determined to be a perennial violator without notice.

Members of the public are welcome to review the weed and vegetation control ordinances online or during regular business hours at City Hall, 200 East Third Street, Bonner Springs, Kansas 66012.

CITY CLERK

(b)   A notice of abatement shall state:

(1)   The common and/or legal description of the property upon which the violation exists;

(2)   That the property is in violation of the provisions of this article;

(3)   A description of the nature of the violation that would reasonably allow the property owner or other responsible person, representative or tenant to determine the nature of the violation to allow for self-abatement;

(4)   That the person in charge of the property shall have five (5) or ten (10) days from the date which the notice is mailed, personally served, or published to either eradicate the excessive growth of vegetation or request a hearing before the Code Officer or designated representative. Notice may be published by the City in the official newspaper when the owner is unknown or is a nonresident and there is no resident agent.

(5)   That, upon written request prior to the expiration of the notice period, the property owner, representative, tenant or other responsible person may request a hearing before a designated hearing officer of the City;

(6)   That if the occupant or agent fails to request a hearing or refuses to cut or remove such weeds after five (5) days’ notice by the City or, in cases where the owner is unknown or is a nonresident and there is no resident agent, ten (10) days after notice has been published by the City in the official newspaper, then the City or its authorized agent will remove the excessive growth of vegetation by reasonable means and assess the costs of removal, including reasonable administrative costs, against said person. Notice of the total costs for such abatement shall be provided to the owner, occupant or agent by regular mail, certified mail with return receipt requested, or personal service;

(7)   That if the assessed costs of removal, including administrative costs and costs of providing notice, are not paid within 30 days of the date when the assessment comes due, the costs will be added to the property tax as a special assessment;

(8)   That if any special assessments levied by the City in accordance with this article remain unpaid for a period of one year or more after the initial levy, the City may collect the amount due in the same manner as a personal debt of the property owner to the City by bringing an action in the County District Court. Such actions may be maintained, prosecuted and all proceedings taken, including any award of post-judgement interest, in accordance with K.S.A. 16-204 to the same effect and extent as for the enforcement of an action for debt. All provisional remedies available in such actions shall be available to the City in the enforcement of the payment of such obligations. In such actions the City also shall be entitled to recover interest at the rate provided in K.S.A. 79-2968 from and after the date a delinquency occurs in the payment of special assessments levied under this article. The City may pursue collection both by levying a special assessment and in the manner provided by this section, but only until the full cost and any applicable interest has been paid in full;

(9)   That penalties for failure to abate the violation or to request a hearing within the time allowed shall result in the following: abatement by the City or its authorized agent; failed re-inspection fee; issuance of a Notice to Appear as provided in Section 11-204 and, if applicable, an administrative citation fee. All associated costs and fees shall be assessed against the owner of the property;

(10) That prosecution of any offender under this section does not limit the City’s right to abate any excessive growth as defined under this article or to additionally recover any costs incident to the abatement process, including reasonable administrative costs; and

(11) That the Codes Officer should be contacted if there are any questions regarding the notice.

(c)   A one-time yearly written notification may be provided by mail or personal service to the owner, occupant or agent of any property for which a notice of abatement has been issued in the preceding 12 months. Such notice shall include a statement that no further notice shall be given prior to removal of excessive growth, and if the City has to abate the condition, the City will do so without prior notification and will assess the costs and fees.

(d)   Notice of costs if City abates the violation and notice of fees for failed re-inspections and failed pre-court inspections;

(e)   Notice that unpaid costs shall be added to the property tax as a special assessment under provisions outlined in K.S.A. 12-1,115;

(f)   Only one (1) notice is required during the calendar year.

(g)   If there is a change in the record owner of title to property subsequent to the notice pursuant to this Article, the City may not recover any costs or levy an assessment for the costs incurred by mowing or weed removal on such property unless the new record owner of title to such property is provided notice as required by this Article.

(Code 2014; Ord. 2404; Ord. 2501)

(a)   Upon the expiration of ten (10) days after receipt of the notice required by Section 11-503, and in the event that the owner, occupant, or person in charge of the premises shall neglect or fail to comply with the requirements of Section 11-502, the Code Official or authorized agent shall mow or eradicate the weeds and shall abate the nuisance created thereby at any time during the current calendar year.

(b)   The City shall give notice to the owner of the premises by first class mail of the costs incurred by the City for mowing or eradication of the weeds. The notice shall state that payment of the cost is due and payable within thirty (30) days following receipt of the notice. The cost for abatement shall be in accordance with the City Fee Schedule.

(c)   If the owner fails to abate a violation by the stated re-inspection date, the owner or tenant may be issued a penalty for the violation in accordance with Section 11-204.

(d)   If the cost of abatement is not paid within the 30-day period following receipt of notice, the cost shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as a lien or special assessment against the lot or parcel of land on which the weeds were so abated, and against such lots or parcels of land in front of or abutting on such street or alley on which such weeds were abated. The City Clerk, at the time of certification of other City taxes, shall certify the costs and the County Clerk shall extend the same on the tax rolls of the County against such lot or parcel of land 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 a special assessment levy and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest is paid in full.

(Ord. 2501)