12-3204.   Treatment or removal of shrubbery, trees and materials incities; payment of costs; notice.Whenever any competent city authority, or competent state or federalauthority when requested by the governing body of the city, shall file withthe governing body a statement in writing based upon a laboratory test orother supporting evidence that trees or tree materials or shrubs locatedupon private property within such city are infected or infested with orharbours any tree or plant disease or insect pest or larvae, theuncontrolled presence of which may constitute a hazard to or result in thedamage or destruction of other trees or shrubs in the community, describingthe same and where located, said governing body shall direct the city clerkto forthwith issue notice requiring the owner or agent of the owner of thepremises to treat or remove any such designated tree, tree material orshrub within a time specified in such notice; said notice shall be servedby registered or certified mail or personal service may be made by the citymarshal or other police officer, by delivering a copy thereof to the owner,or agent of such property. If the property is unoccupied and the owner anonresident, then the city clerk shall notify the owner by mailing a copyof the notice to the owner's last known address by registered or certifiedmail.

      If the owner or agent shall fail to comply with the requirements of saidnotice within the time specified in the notice, then the city forester,street superintendent or other designated officer shall proceed to have thedesignated tree, tree material or shrub treated or removed and report thecost thereof to the city clerk, and the cost of such treatment or removalshall be paid by the owner of the property or shall be assessed and chargedagainst the lot or parcel of ground on which the tree, tree material orshrub was located. The city clerk shall at the time of certifying othercity taxes to the county clerk, certify the unpaid costs and the countyclerk shall extend the same on the tax roll of the county against said lotor parcel of ground. The cost of such work shall, except as hereinafterprovided, be paid from the general fund or other proper fund of the city orfrom moneys derived from the levy authorized by K.S.A. 12-3203 and suchfund shall be reimbursed when payments therefor are received or when suchassessments are collected and received by the city.

      History:   L. 1961, ch. 72, § 4; L. 1974, ch. 67, §1; July 1.