12-1617f.   Weeds, removal or destruction; assessment and collection ofcosts; notice; procedure.(a) The governing body of any city is hereby authorized to provide for andrequire the cutting or destruction of all weeds on lots or piecesof land within the city. Except as provided by subsection (b), the cityclerk shallissue a notice to the owner, occupant or agent bycertified mail, return receipt requested, or bypersonal service to cut or destroy such weeds.If the property is unoccupied and the owneris a nonresident, such notice shall be sent by certified mail, return receiptrequested, to the lastknown address of the owner.The notice shallstate that before the expiration of the waiting period provided herein therecipient thereof may request a hearing before the governing body or itsdesignated representative. If the occupant, owner or agent fails to request ahearing or refuses to cut or remove such weeds, after five days' notice by thecity clerk, or incases where the owner is unknown or is a nonresident, and there is noresident agent, 10 days after notice has been published by the city clerkin the official city paper, the city shall cut or destroy suchweeds andshall keep an account of the cost of same and report to thecity clerk. Except as provided by subsection (b), the city shallgivenotice to the owner, occupant oragent by certified mail, return receipt requested, ofthetotal cost of such cutting or removalincurred by the city. The city also may recover the cost of providingnotice, including postage, required by this section. Such notice alsoshall state that payment of suchcost is due and payable within 30 days following receipt of such notice. Ifthe cost of such removal or abatement is not paid within the thirty-dayperiod, the city may levy a special assessment for such costagainst the lot or piece of land in the same manner as provided in K.S.A.12-1617e, and amendments thereto, or the city may collect thecost in the manner provided by K.S.A. 12-1,115, and amendmentsthereto. The city may pursue collectionboth by levying a special assessment and in the manner provided by K.S.A.12-1,115, and amendments thereto, but only until the fullcost and any applicableinterest has been paid in full.

      (b)   In lieu of giving notice as provided by subsection (a), a city maygive notice as provided by this subsection. The governing bodyshalladopt an ordinance which states its weed removal policy and notificationprocedure. Such procedure shall provide for a minimum one-time yearly writtennotification by mail or personal service to the owner, occupant or agent. Suchnotice shall include the same information required by subsection (a). Inaddition, such notice shall include a statement that no further notice shall begiven prior to removal of weeds.

      If there is a change in the record owner of title to property subsequent tothe giving of notice pursuant to this subsection, the city may not recover anycosts or levy an assessment for the costs incurred by the cutting ordestruction of weeds on such property unless the new record owner of title tosuch property is provided notice as required by this section.

      History:   L. 1915, ch. 144, § 1;L. 1917, ch. 112, § 1; R.S.1923, § 12-1642;L. 1975, ch. 66, § 2;L. 1985, ch. 73, § 2;L. 1986, ch. 74, § 2;L. 1992, ch. 266, § 1;L. 1997, ch. 186, § 1;L. 1998, ch. 80, § 2; July 1.