12-1617f.Weeds, removal or destruction; assessment and collection of
costs; notice; procedure.
(a) The governing body of any city is hereby authorized to provide for and
require the cutting or destruction of all weeds on lots or pieces
of land within the city. Except as provided by subsection (b), the city
clerk shall
issue a notice to the owner, occupant or agent by
certified mail, return receipt requested, or by
personal service to cut or destroy such weeds.
If the property is unoccupied and the owner
is a nonresident, such notice shall be sent by certified mail, return receipt
requested, to the last
known address of the owner.
The notice shall
state that before the expiration of the waiting period provided herein the
recipient thereof may request a hearing before the governing body or its
designated representative. If the occupant, owner or agent fails to request a
hearing or refuses to cut or remove such weeds, after five days' notice by the
city clerk, or in
cases where the owner is unknown or is a nonresident, and there is no
resident agent, 10 days after notice has been published by the city clerk
in the official city paper, the city shall cut or destroy such
weeds and
shall keep an account of the cost of same and report to the
city clerk. Except as provided by subsection (b), the city shall
give
notice to the owner, occupant or
agent by certified mail, return receipt requested, of
the
total cost of such cutting or removal
incurred by the city. The city also may recover the cost of providing
notice, including postage, required by this section. Such notice also
shall state that payment of such
cost is due and payable within 30 days following receipt of such notice. If
the cost of such removal or abatement is not paid within the thirty-day
period, the city may levy a special assessment for such cost
against 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 the
cost in the manner provided by K.S.A. 12-1,115, and amendments
thereto. The city may pursue collection
both by levying a special assessment and in the manner provided by K.S.A.
12-1,115, and amendments thereto, but only until the full
cost and any applicable
interest has been paid in full.
(b) In lieu of giving notice as provided by subsection (a), a city may
give notice as provided by this subsection. The governing body
shall
adopt an ordinance which states its weed removal policy and notification
procedure. Such procedure shall provide for a minimum one-time yearly written
notification by mail or personal service to the owner, occupant or agent. Such
notice shall include the same information required by subsection (a). In
addition, such notice shall include a statement that no further notice shall be
given prior to removal of weeds.
If there is a change in the record owner of title to property subsequent to
the giving of notice pursuant to this subsection, 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 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.
12-1617f.Weeds, removal or destruction; assessment and collection of
costs; notice; procedure.
(a) The governing body of any city is hereby authorized to provide for and
require the cutting or destruction of all weeds on lots or pieces
of land within the city. Except as provided by subsection (b), the city
clerk shall
issue a notice to the owner, occupant or agent by
certified mail, return receipt requested, or by
personal service to cut or destroy such weeds.
If the property is unoccupied and the owner
is a nonresident, such notice shall be sent by certified mail, return receipt
requested, to the last
known address of the owner.
The notice shall
state that before the expiration of the waiting period provided herein the
recipient thereof may request a hearing before the governing body or its
designated representative. If the occupant, owner or agent fails to request a
hearing or refuses to cut or remove such weeds, after five days' notice by the
city clerk, or in
cases where the owner is unknown or is a nonresident, and there is no
resident agent, 10 days after notice has been published by the city clerk
in the official city paper, the city shall cut or destroy such
weeds and
shall keep an account of the cost of same and report to the
city clerk. Except as provided by subsection (b), the city shall
give
notice to the owner, occupant or
agent by certified mail, return receipt requested, of
the
total cost of such cutting or removal
incurred by the city. The city also may recover the cost of providing
notice, including postage, required by this section. Such notice also
shall state that payment of such
cost is due and payable within 30 days following receipt of such notice. If
the cost of such removal or abatement is not paid within the thirty-day
period, the city may levy a special assessment for such cost
against 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 the
cost in the manner provided by K.S.A. 12-1,115, and amendments
thereto. The city may pursue collection
both by levying a special assessment and in the manner provided by K.S.A.
12-1,115, and amendments thereto, but only until the full
cost and any applicable
interest has been paid in full.
(b) In lieu of giving notice as provided by subsection (a), a city may
give notice as provided by this subsection. The governing body
shall
adopt an ordinance which states its weed removal policy and notification
procedure. Such procedure shall provide for a minimum one-time yearly written
notification by mail or personal service to the owner, occupant or agent. Such
notice shall include the same information required by subsection (a). In
addition, such notice shall include a statement that no further notice shall be
given prior to removal of weeds.
If there is a change in the record owner of title to property subsequent to
the giving of notice pursuant to this subsection, 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 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.
12-1617f.Weeds, removal or destruction; assessment and collection of
costs; notice; procedure.
(a) The governing body of any city is hereby authorized to provide for and
require the cutting or destruction of all weeds on lots or pieces
of land within the city. Except as provided by subsection (b), the city
clerk shall
issue a notice to the owner, occupant or agent by
certified mail, return receipt requested, or by
personal service to cut or destroy such weeds.
If the property is unoccupied and the owner
is a nonresident, such notice shall be sent by certified mail, return receipt
requested, to the last
known address of the owner.
The notice shall
state that before the expiration of the waiting period provided herein the
recipient thereof may request a hearing before the governing body or its
designated representative. If the occupant, owner or agent fails to request a
hearing or refuses to cut or remove such weeds, after five days' notice by the
city clerk, or in
cases where the owner is unknown or is a nonresident, and there is no
resident agent, 10 days after notice has been published by the city clerk
in the official city paper, the city shall cut or destroy such
weeds and
shall keep an account of the cost of same and report to the
city clerk. Except as provided by subsection (b), the city shall
give
notice to the owner, occupant or
agent by certified mail, return receipt requested, of
the
total cost of such cutting or removal
incurred by the city. The city also may recover the cost of providing
notice, including postage, required by this section. Such notice also
shall state that payment of such
cost is due and payable within 30 days following receipt of such notice. If
the cost of such removal or abatement is not paid within the thirty-day
period, the city may levy a special assessment for such cost
against 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 the
cost in the manner provided by K.S.A. 12-1,115, and amendments
thereto. The city may pursue collection
both by levying a special assessment and in the manner provided by K.S.A.
12-1,115, and amendments thereto, but only until the full
cost and any applicable
interest has been paid in full.
(b) In lieu of giving notice as provided by subsection (a), a city may
give notice as provided by this subsection. The governing body
shall
adopt an ordinance which states its weed removal policy and notification
procedure. Such procedure shall provide for a minimum one-time yearly written
notification by mail or personal service to the owner, occupant or agent. Such
notice shall include the same information required by subsection (a). In
addition, such notice shall include a statement that no further notice shall be
given prior to removal of weeds.
If there is a change in the record owner of title to property subsequent to
the giving of notice pursuant to this subsection, 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 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.