HomeMy Public PortalAboutOrd 345 Regulate Weeds
(First Published in the Ark Valley News
on the 2M.. day of J /.f n f ,2001.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 345
AN ORDINANCE REGULATING WEEDS WITHIN
THE CORPORATE LIMITS OF THE CITY OF BEL
AIRE, KANSAS; AND REPEALING SECTIONS 4
AND 8 OF ORDINANCE NUMBER 27.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
Section 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
hereinafter defined are declared a nuisance and are subject to abatement as
hereinafter provided.
Section 2. Definitions.
1. "Calendar Year" means that period of time beginning January 1st
and ending December 31 st of the same year.
2. "Noxious Weeds" means 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 densifJora), musk (nodding) thistle (Carduus
nutans L.), and Johnson grass (Sorghum halepense),
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3. "Public Officer" means the Health Officer of the City of Bel Aire,
Kansas or his or her designee. The public officer is hereby charged with the
administration and enforcement of this ordinance.
2. "Weeds" means any of the following:
A. Untended or uncontrolled brush and woody vines;
B. Brush, woody vines, broadleaf plants and grasses which
may attain such large growth as to become, when dry, a fire menace to adjacent
improved property;
C. Any broad leaf plants which bear or may bear seeds of a
downy or wingy nature;
D. Untended or uncontrolled plants which are located in an area
which harbors rats, insects, animals, reptiles, or any other creature which either
mayor does constitute a menace to health, public safety or welfare;
E. Broadleaf plants and grasses on or about residential I
commercial or industrial property, but not in nature areas designated by the Bel
Aire City Councilor property used for agricultural purposes, which, because of its
height, has a blighting influence on the neighborhood. Any such broad leaf plants
and grasses shall be presumed to be blighting if they exceed eight inches in
height.
Section 3, Notice to Remove.
The public officer or an authorized assistant shall notify in writing the
owner, occupant or agent in charge of any premises in the city upon which
weeds exist in violation of this chapter, by mail or by personal service, once per
calendar year. 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 ten 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 Administrator within five days of the receipt of
notice;
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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
during the current calendar year; and
7. That the public officer should be contacted if there are any
questions regarding the order.
Alternately, where such weeds, grass or other indigenous grasses, or
noxious weeds are not cut or are not destroyed I and where the occupant, owner
or agent shall fail to cut ten days after notice has either been hand delivered or
published by the public officer in the official city paper to cut or destroy such
weeds, grass, or other vegetation, the city shall cut or destroy such weeds as
aforesaid, and shall keep a record of the area mowed, and shall charge a fee for
the mowing, The city clerk shall send a restricted billing to the owner, occupant,
or agent of the assessed cost to be paid within thirty days to the city clerk's
office, If at the end of the thirty days the bill has not been paid, the city clerk shall,
at the time of certifying other city taxes to the county clerk, certify the aforesaid
costs and the county clerk shall extend the same on the tax roll of the county
against the lot or parcel of ground, and it shall be collected by the county
treasurer and paid to the city as other city taxes are collected and paid.
However, if there is a change in the record owner of title to property
subsequent to the giving of notice pursuant to this ordinance, 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 ordinance.
Section 4. Right of Entry.
The public officer, and the public 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 I
destroying and/or removing such weeds in a manner consistent with this
ordinance.
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Section 5. Unlawful Interference.
It is unlawful for any person to interfere with or to attempt to prevent the
public officer or the public officer's authorized representative 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 this ordinance, and
upon conviction in the Municipal Court of Bel Aire, Kansas, shall be punishable
by a fine not to exceed five hundred dollars.
Section 6. Rights Unaffected.
Nothing in this ordinance 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.
Section 7. Repeal
Sections 4 and 8 of Ordinance Number 27 are hereby repealed. All other
Sections of Ordinance 27 not in conflict herewith are not repealed and remain in
full force and effect.
Section 8. Effective Date
This Ordinance shall take effect and be in force from and after its
publication in the official city newspaper.
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Passed by the City Council this s,d day of ~ I 2001.
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Approved by the Mayor this .s~ day of O-WIJ I 2001.
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