Loading...
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), 1 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; 2 _w'W'_""'_~'_"_.~'~"_~_"""_".',^,,~~,,_~,_..__..___^_,"_~-~~-____.~~_.__M'.~__"_ 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. 3 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. 4 Passed by the City Council this s,d day of ~ I 2001. / Approved by the Mayor this .s~ day of O-WIJ I 2001. / .. " r Q E L /,' "1 Cl ,..-'-'" 1/, ,--\ /'~,C' 'I" ,"' _"" {, r""r" "'/"'~ ,#",. .." (',~ ,,~""t ",';", ',j/ 'Y', E ,:""" \ ~6' 1'1 !\(f' \1'" JiL~'. \ < i, v,.. ll~:; r ' \ u), ,...,. 1 - 1\ ' ; ...., 1 :",' \ f,' _'_,' _ J C \ lY H.) ~'", ~,,',.,'; ", ... ....... "/+irl.-l.l-LlLH .... J ',. .~:- ' ,:;/i A I. f lG;~ . i A ~ l;'~ "', I T$ ! U l.,/I~~./; e'i )b~~~HE:;YL ~ER 5