Chapter IV · Civil Offenses

Article 6. Grasses and Weeds

Sections 4-601 to 4-615 · 15 sections

4-601 Weeds to be removed.

It shall be 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 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 weeds as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.

(Code 2019)

4-602 Definitions.

For the purposes of this article, the following and words and phrases shall mean:

(a)Calendar Year — means that period beginning January 1 and ending December 31 of the same year.

(b)Weeds — means any of the following:

(1)Brush and woody vines shall be classified as weeds

(2)Grasses and comparable vegetation which may attain such large growth as to become, when dry, a fire menace to adjacent improved property

(3)Grasses and comparable vegetation which bear or may bear seeds of a downy or windy nature

(4)Grasses and comparable vegetation which are 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

(5)Grasses and comparable vegetation on or about residential property which, because of its height, has a blighting influence on the neighborhood. Any such grasses and comparable vegetation shall be presumed to be blighting if they exceed eight (8) inches in height.

(Code 2019)

4-603 Complaints; inquiry and inspection.

The public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing stating that a nuisance exists and describing the same and where located or is informed that a nuisance may exist by the board of health, chief of police or the fire chief. The public officer may make such inquiry and inspection when he or she observes conditions which appear to constitute a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings. The governing body of the city, by resolution, also may make such determination.

(Code 2019)

4-604 Right of entry.

It shall be a violation of this article to deny the public officer the right of access and entry upon private property at any reasonable time for making inquiry and inspection to determine if a nuisance exists. The public officer, authorized assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property at all reasonable hours for cutting, destroying and/or removing such weeds in a manner not inconsistent with the city weed control law.

(Code 2019)

4-605 Notice of violation.

Whenever the Public Officer, or assigned agent, determines there has been a violation of this Article or has grounds to believe that a violation has occurred, a one-time yearly written Notice of Violation and Order of Abatement (“Notice and Order”) shall be given to the property owner, occupant, any known agent of the property owner, and any other person deemed responsible for the violation.

(Code 2019; G-25-05)

4-606 Order of abatement.

The one-time yearly Notice and Order of Abatement shall provide information enough to reasonably allow the recipient to determine the nature of the actions required to self-abate the violation by cutting or destroying weeds or overgrowth within ten (10) days. A reasonable time to abate the violation shall be presumed not to exceed ten days in accordance with K.S.A. 12-1617e(b) subject to extension upon the authority of the Public Officer following a demonstration of due diligence in the self-abatement of the violation.

(Code 2019; G-25-05)

4-607 Request for hearing.

The recipient of the Notice and Order may request a hearing before the governing body by completing and filing a written “Request for Hearing” form in the office of the city clerk prior to the close of business on the date of the deadline for self-abatement of the violation as stated in the Notice and Order. The hearing shall be conducted under the same procedure as set forth in Section 4-410. The timely filing of a request for hearing shall stay the enforcement of the Notice and Order until the appeal can be heard and decided by the governing body.

(Code 2019)

4-608 Form.

The Notice and Order shall:

(a)Include a description of the subject real estate enough for identification;

(b)Include a statement of the nature of the violation and including relevant ordinances, with enough information that would reasonably allow the recipient to determine the nature of the violation to allow for self-abatement.

(c)Include an order of abatement allowing a reasonable time, as stated in 4-405, to take the actions required to self-abate the violation;

(d)Inform the recipient of the Notice and Order of the right to a hearing if the recipient completes and files a written request for a hearing form in the office of the city clerk prior to the close of business on the date of the deadline for self-abatement of the violation;

(e)Inform the recipient that failure to comply with the Notice and Order may result in the City abating the violation and recovering any costs not paid by the recipient within thirty days of a notice of costs by

(1)assessing of any costs against the subject real estate or

(2)filing suit seeking a personal judgment against the recipient, or both, and

(f)Inform the recipient that the violation is subject to prosecution.

(Code 2019)

4-609 Service of notice and order.

The Notice and Order shall be served either by certified mail, return receipt requested, or by personal service; provided, however, if the subject real estate is unoccupied and the owner is a nonresident, then by mailing the Notice and Order by certified mail, return receipt requested, to the last known address of the owner. If a person to whom a Notice and Order is directed for service has failed to accept delivery or otherwise failed to effectuate receipt of a Notice and Order pursuant to this section during the preceding 24 month period, the City may provide notice of the issuance of any further Notice and Order by such other methods as door hangers, conspicuously posting notice of such order on the subject property, personal notification, telephone communication, or first class mail. If the property is unoccupied and the owner is a nonresident, the alternative means of notice provided by this section shall be given by telephone communication or first-class mail. Destroying or tampering with any means of posting notice of such order on the subject property shall be a separate violation. In cases where the owner is unknown or is a nonresident, and there is no resident agent, notice shall also be posted by the city clerk’s office on the official city website.

(Code 2019)

4-610 Abatement by city; assessment and collection of costs.

(a)If the recipient of the Notice and Order fails to comply with the Order within the period designated in the Order, then the City may go onto the property to abate the violation in a reasonable manner. The City may use its own employees or contract for services to abate the violation. The City, or its agents, shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property or for damages to property in the reasonable exercise of its duty to the public to abate the violation(s).

(b)If the City acts to abate the violation, it shall provide a notice of costs to the person responsible for the violation. The notice of costs shall be delivered by certified mail, return receipt requested, at the last known mailing address; or if the property is vacant or unoccupied, the notice of costs shall also be posted on the property in a reasonable manner. The recipient shall have thirty days from the date of the notice of costs to make full payment. The notice of costs shall state:

(1)The description of the subject real estate enough for identification;

(2)The nature of the work performed to abate the violation;

(3)The costs incurred for the abatement of the violations in either a lump sum or in itemized form;

(4)That the notice is a demand for payment within thirty days from the date of notice;

(5)That failure to pay the entire amount within thirty days shall allow the City to file a tax lien against the property or to pursue a personal judgment for the recovery of the costs, or both;

(6)That such additional remedies to recover costs shall include additional amounts including additional administrative costs, attorneys’ fees when applicable, and interest;

(7)The payments shall be made by check or money order made payable to the City of Plainville, Kansas, with no post-dating of the check, and sent to the address as stated within the notice with a written indication of the purpose for the payment and the address of the property where the violations occurred. Partial payments will not be accepted and shall be considered as non-payments, unless a payment arrangement has been agreed to and approved in writing by the city clerk.

(c)If the payment of costs is not made within the thirty-day period, the City may levy a special assessment for such costs against the subject real estate. The City Clerk at the time of certifying other city taxes to the County Clerk shall certify such costs, and the County Clerk shall extend such costs on the tax roll of the county against the subject real estate, and it shall be collected by the County Treasurer and paid to the City as other city taxes are collected and paid. Provided further, the City may collect the costs in the manner provided at K.S.A. 12-1,115, as amended, by bringing an action in the district court as a personal debt. The City may pursue both assessment and collection at the same time until the full cost, including applicable interest, court costs, attorneys’ fees, and administrative costs, including but not limited to, investigative cost as well as the cost of providing notice, including any postage, have been paid in full.

(d)The abatement of a violation of this article by the City shall not be a defense or excuse to any person in violation of this article.

(Code 2019)

4-611 Unlawful interference.

It shall be unlawful for any person to interfere with or to attempt to prevent the public officer or authorized representatives from entering upon any such lot or piece of ground or from proceeding with such cutting and destruction. Such interference shall constitute a violation of the city weed control law.

(Code 2019)

4-612 Noxious weeds.

Nothing in the city weed control law shall affect or impair the rights of the city under the provisions of Chapter 2, Article 13 of the Kansas Statutes Annotated, relating to the control and eradication of certain noxious weeds.

(Code 2019)

4-613 Definition of noxious weeds.

For the purpose of this article, the term noxious weeds shall mean 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 mttans L.), and Johnson grass (Sorghum halepense).

(Code 2019)

4-614 Failure to Comply; Penalty.

(a)In addition to or as an alternative to the remedy of abatement as provided under this Article, any person in violation of this Article may be prosecuted in municipal court and subject to:

(1)a fine of not less than $50 nor more than $500;

(2)a sentence of not more than six months in jail;

(3)such other orders as the court deems just and consistent with the purpose and intent of this Article; or

(4)any combination thereof.

(b)Prosecution of any offender under this Article does not limit the City’s right to pursue assessment or collection of costs as stated in this Article, or by other laws.

(c)Each day that any violation shall continue shall constitute a separate offense.

(d)Any fines assessed under this Article shall be collected by the municipal court administration and paid over to the general fund, except for assessments of court costs.

(Code 2019)

4-615 Additional remedies.

In addition to or as an alternative to the remedy of abatement or the penalties provided herein, the Public Officer or assigned agent, may cause to be instituted any appropriate proceeding at law or in equity to restrain, correct or abate any violation of the provisions of this Article or of any order or direction made pursuant thereto.

(Code 2019; Ord. G-25-05)