(a) 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 such premises or any area between the property line of such premises and the center line 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 declared to be a nuisance and are subject to abatement.
(b) The terms “weeds” means any of the following:
(1) 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);
(2) Brush and woody vines;
(3) Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;
(4) Weeds which bear or may bear seeds of a downy, wingy or clinging nature.
(5) 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;
(6) Weeds and indigenous grasses on or about residential property which, because of its height, has a blighting influence on the neighborhood (seeds and indigenous greases in excess of 12 (twelve) inches in height being presumed to be blighting).
(c) The designated public officer of the City or an authorized assistant of the public officer upon determining that a violation of subsection (a), above, has occurred, shall give notice by restricted mail or by personal service to the owner, agent, lessee, tenant or other person occupying or having charge or control of any premises found to be in violation of the foregoing, directing that within 5 (five) days after receipt of the notice (or within 10 (ten) days, if notice is given by publication as to an unknown or nonresident owner) either the weeds must be cut or removed or a hearing must be requested on the matter before the Florence City Council. If neither is done within such time, the City shall cause the weeds to be mowed or removed. The Notice shall contain a statement notifying the person that, among other things, this is the only notice required to be sent for the calendar year.
(d) The City shall notify such party of the costs of such cutting or removal, and the costs of giving notice. If such party fails to pay the same to the City within thirty days thereafter, the City will cause such costs to be assessed against such property as a special assessment.
(Prior Code 7-401; Code 2023)
After a notice has been given once during each calendar year to the owner, agent, lessee, tenant or other person occupying or having charge or control of a premises found to be in violation, it shall not be necessary to give any additional notices to such person or party as to any further violation of these weed control provisions occurring upon such property during the same calendar year before action may be taken on behalf of the city to cut or remove such weeds and to abate the nuisance created thereby, and to then charge and assess the costs thereof; provided however, that if there is a change in the record owner of title to the property after the giving of the original notice, but before the work is performed, 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 after the change in record owners of title unless the new record owner of the title of such property is provided with an original notice as provided above, prior to the work being performed. Said owner shall pay a fee of $50.00 per hour for the City’s work, with a $50.00 minimum charge to the City. The City shall collect said fees by any means available, as provided by Kansas statutes.
(Prior Code 7-401; Code 2023)