It shall be unlawful for any owner, agent, lessee, tenant, or other person occupying or having charge or control of any premises to permit 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, including but not specifically limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private. All vegetation as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.

(Ord. 949; Ord. 1429; Code 2021)

Vegetation as used herein, means any of the following:

(a)   Brush and woody vines shall be classified as vegetation.

(b)   Vegetation and grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property.

(c)   Vegetation which is 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.

(d)   Vegetation and grasses on or about property which, because of its height, has a blighting influence on the neighborhood. Any such vegetation and indigenous grasses shall be presumed to be blighting if they exceed 12 inches in height.

(Ord. 1429; Code 2021)

This article would not be enforced with respect to cultivated or indigenous vegetation in the following areas, if the property is kept free of weeds, trash, brush, and dead limbs:

(a)   Cultivated ornamental grasses that do not block traffic visibility.

(b)   Any land zoned as agricultural.

(Ord. 1429; Code 2021)

Upon complaint or upon witnessing a violation of this article, any city employee may notify in writing the owner, occupant or agent in charge of any premises in the city upon which vegetation exists in violation of this article, by certified mail, return receipt requested, 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 ordinance.

(b)   That the owner, occupant, or agent in charge of the property is ordered to cut the vegetation within 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 vegetation, the city or its authorized agent will cut the vegetation 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 vegetation during the current calendar year.

(Ord. 1429; K.S.A. 12-1617f; Code 2021)

(a)   Upon the expiration of 10 days after receipt of the notice required 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 the notice the city shall cause to be cut, destroyed and/or removed all such vegetation and abate the nuisance created thereby at any time during the current calendar year.

(b)   The city shall give notice to the owner, occupant or agent in charge of the premises by certified mail, return receipt requested, of the costs of abatement of the nuisance. The notice shall state that payment of the costs is due and payable within 30 days following receipt of the notice.

(c)   If the costs of removal or abatement remain unpaid after 30 days following receipt of notice, a record of the costs of cutting and destruction and/or removal shall be created for purposes of causing such costs to be assessed against the particular lot or piece of land on which such vegetation were so removed, and against such lots or pieces of land in front of or abutting on such street or alley on which such vegetation were so removed. The city clerk shall certify the assessment to the county clerk at the time other special assessments are certified for placing on the tax rolls of the county.

(Ord. 949; Ord. 1429; Code 2021)

City 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 vegetation in a manner not inconsistent with this article.

(Ord. 1429; Code 2021)