2-1331.   Notification of owner of lands infested withnoxious weeds;inspection; notice requiring fall treatment, when; legal notice,contents.(a) When a county weed supervisor has knowledge that any land in thesupervisor's county is infested, in any current year, with any noxiousweed, the supervisor shall give notice, by publication of a general notice inthe official county newspaper pursuant to subsection (b) or an officialnotice by mail, of such infestation tothe person, association of persons, governmental agency, corporation oragent thereof, which owns the land. As used in this section,governmental agency means the state or any agency or political subdivisionthereof or the government of the United States or any agency orinstrumentality thereof. In theevent the land is under thecontrol or supervision of an operator or supervising agent, the noticeshall also be mailed to the operator or supervising agent.Such noticeshall contain the procedures described in the Kansas officialmethods andregulations for the control and eradication of any noxious weed found onthe land and shall contain a specified time within which the owner,operator or supervising agent shall complete the required treatment for thecontrol or eradication of any such noxious weed.

      (b)   On or beforeMarch 1 of each year, the secretary of agricultureshallnotify in writing each county weed supervisor of a general notice of noxiousweed infestation, as established by rules and regulations. On or before April 1of each year, the county weed supervisor may publish in the official countynewspaper the general notice of noxious weed infestation which shall remain ineffect until March 31 of the following year. The cost of such publication shallbe paid from the noxious weed eradication fund.

      (c)   If an inspection, by the county weed supervisor, made on orafterthe completion date stated in the official notice prescribed undersubsection (a) or publication of the general notice under subsection (b),reveals satisfactory treatment progress has not been made,the county weed supervisor may send, by certified mail, to theowner andto the operator or supervising agent of the noxious weed infested land alegal notice as described in subsection (e).

      (d)   In the event the county weed supervisor determines that muskthistleplants which are found on land in the supervisor's county havereached astage of maturity where weed control methods applied currently would notgive satisfactory results, the supervisor may give legal noticerequiring fall treatment to be performed in the current year.

      (e)   Legal notice given to the owner and to the operator orsupervisingagent of any noxious weed infested land shall include, but not be limitedto, the following:

      (1)   A legal description of the noxious weed infested land;

      (2)   the name of the owner and operator or supervising agent of thenoxious weed infested land, as shown by records of the county clerk;

      (3)   the approximate acreage of each noxious weed in the infestation orinfestations involved;

      (4)   a copy of the Kansas official methods and regulations applicable forcontrolling each named noxious weed;

      (5)   a specified time, within which noxious weed control methods arerequired to be completed; such specified time shall not be less than five days after mailing ofthenotice;

      (6)   a statement that unless the owner, operator or supervising agentcompletes the required noxious weed control methods within thespecified time, the county weed supervisor may enter or cause tobeentered upon the noxious weed infested land as often as isnecessary and use such approved methods as are best adapted for theeradication and control of noxious weeds on the particular area of land;

      (7)   a statement to inform the owner, operator or supervising agent that theymay be prosecuted pursuant to K.S.A. 2-1323, and amendments thereto, and ifconvicted, fined as established by law.

      (f)   Prior to issuing any legal notice pursuant to subsection (c) or (d),the county weed supervisor shall notify the owner, operator or supervisingagent by telephone call, personal contact or first class mail of the noxiousweed infestation.

      History:   L. 1973, ch. 4, § 1;L. 1986, ch. 6, § 1;L. 1995, ch. 32, § 2;L. 2004, ch. 101, § 33; July 1.