2-1331.Notification of owner of lands infested with
noxious weeds;
inspection; notice requiring fall treatment, when; legal notice,
contents.
(a) When a county weed supervisor has knowledge that any land in the
supervisor's county is infested, in any current year, with any noxious
weed, the supervisor shall give notice, by publication of a general notice in
the official county newspaper pursuant to subsection (b) or an official
notice by mail, of such infestation to
the person, association of persons, governmental agency, corporation or
agent thereof, which owns the land. As used in this section,
governmental agency means the state or any agency or political subdivision
thereof or the government of the United States or any agency or
instrumentality thereof. In the
event the land is under the
control or supervision of an operator or supervising agent, the notice
shall also be mailed to the operator or supervising agent.
Such notice
shall contain the procedures described in the Kansas official
methods and
regulations for the control and eradication of any noxious weed found on
the land and shall contain a specified time within which the owner,
operator or supervising agent shall complete the required treatment for the
control or eradication of any such noxious weed.
(b) On or before
March 1 of each year, the secretary of agriculture
shall
notify in writing each county weed supervisor of a general notice of noxious
weed infestation, as established by rules and regulations. On or before April 1
of each year, the county weed supervisor may publish in the official county
newspaper the general notice of noxious weed infestation which shall remain in
effect until March 31 of the following year. The cost of such publication shall
be paid from the noxious weed eradication fund.
(c) If an inspection, by the county weed supervisor, made on or
after
the completion date stated in the official notice prescribed under
subsection (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 the
owner and
to the operator or supervising agent of the noxious weed infested land a
legal notice as described in subsection (e).
(d) In the event the county weed supervisor determines that musk
thistle
plants which are found on land in the supervisor's county have
reached a
stage of maturity where weed control methods applied currently would not
give satisfactory results, the supervisor may give legal notice
requiring fall treatment to be performed in the current year.
(e) Legal notice given to the owner and to the operator or
supervising
agent of any noxious weed infested land shall include, but not be limited
to, the following:
(1) A legal description of the noxious weed infested land;
(2) the name of the owner and operator or supervising agent of the
noxious weed infested land, as shown by records of the county clerk;
(3) the approximate acreage of each noxious weed in the infestation or
infestations involved;
(4) a copy of the Kansas official methods and regulations applicable for
controlling each named noxious weed;
(5) a specified time, within which noxious weed control methods are
required to be completed; such specified time shall not be less than five days after mailing of
the
notice;
(6) a statement that unless the owner, operator or supervising agent
completes the required noxious weed control methods within the
specified time, the county weed supervisor may enter or cause to
be
entered upon the noxious weed infested land as often as is
necessary and use such approved methods as are best adapted for the
eradication and control of noxious weeds on the particular area of land;
(7) a statement to inform the owner, operator or supervising agent that they
may be prosecuted pursuant to K.S.A. 2-1323, and amendments thereto, and if
convicted, 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 supervising
agent by telephone call, personal contact or first class mail of the noxious
weed infestation.
History: L. 1973, ch. 4, § 1;
L. 1986, ch. 6, § 1;
L. 1995, ch. 32, § 2;
L. 2004, ch. 101, § 33; July 1.
2-1331.Notification of owner of lands infested with
noxious weeds;
inspection; notice requiring fall treatment, when; legal notice,
contents.
(a) When a county weed supervisor has knowledge that any land in the
supervisor's county is infested, in any current year, with any noxious
weed, the supervisor shall give notice, by publication of a general notice in
the official county newspaper pursuant to subsection (b) or an official
notice by mail, of such infestation to
the person, association of persons, governmental agency, corporation or
agent thereof, which owns the land. As used in this section,
governmental agency means the state or any agency or political subdivision
thereof or the government of the United States or any agency or
instrumentality thereof. In the
event the land is under the
control or supervision of an operator or supervising agent, the notice
shall also be mailed to the operator or supervising agent.
Such notice
shall contain the procedures described in the Kansas official
methods and
regulations for the control and eradication of any noxious weed found on
the land and shall contain a specified time within which the owner,
operator or supervising agent shall complete the required treatment for the
control or eradication of any such noxious weed.
(b) On or before
March 1 of each year, the secretary of agriculture
shall
notify in writing each county weed supervisor of a general notice of noxious
weed infestation, as established by rules and regulations. On or before April 1
of each year, the county weed supervisor may publish in the official county
newspaper the general notice of noxious weed infestation which shall remain in
effect until March 31 of the following year. The cost of such publication shall
be paid from the noxious weed eradication fund.
(c) If an inspection, by the county weed supervisor, made on or
after
the completion date stated in the official notice prescribed under
subsection (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 the
owner and
to the operator or supervising agent of the noxious weed infested land a
legal notice as described in subsection (e).
(d) In the event the county weed supervisor determines that musk
thistle
plants which are found on land in the supervisor's county have
reached a
stage of maturity where weed control methods applied currently would not
give satisfactory results, the supervisor may give legal notice
requiring fall treatment to be performed in the current year.
(e) Legal notice given to the owner and to the operator or
supervising
agent of any noxious weed infested land shall include, but not be limited
to, the following:
(1) A legal description of the noxious weed infested land;
(2) the name of the owner and operator or supervising agent of the
noxious weed infested land, as shown by records of the county clerk;
(3) the approximate acreage of each noxious weed in the infestation or
infestations involved;
(4) a copy of the Kansas official methods and regulations applicable for
controlling each named noxious weed;
(5) a specified time, within which noxious weed control methods are
required to be completed; such specified time shall not be less than five days after mailing of
the
notice;
(6) a statement that unless the owner, operator or supervising agent
completes the required noxious weed control methods within the
specified time, the county weed supervisor may enter or cause to
be
entered upon the noxious weed infested land as often as is
necessary and use such approved methods as are best adapted for the
eradication and control of noxious weeds on the particular area of land;
(7) a statement to inform the owner, operator or supervising agent that they
may be prosecuted pursuant to K.S.A. 2-1323, and amendments thereto, and if
convicted, 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 supervising
agent by telephone call, personal contact or first class mail of the noxious
weed infestation.
History: L. 1973, ch. 4, § 1;
L. 1986, ch. 6, § 1;
L. 1995, ch. 32, § 2;
L. 2004, ch. 101, § 33; July 1.
2-1331.Notification of owner of lands infested with
noxious weeds;
inspection; notice requiring fall treatment, when; legal notice,
contents.
(a) When a county weed supervisor has knowledge that any land in the
supervisor's county is infested, in any current year, with any noxious
weed, the supervisor shall give notice, by publication of a general notice in
the official county newspaper pursuant to subsection (b) or an official
notice by mail, of such infestation to
the person, association of persons, governmental agency, corporation or
agent thereof, which owns the land. As used in this section,
governmental agency means the state or any agency or political subdivision
thereof or the government of the United States or any agency or
instrumentality thereof. In the
event the land is under the
control or supervision of an operator or supervising agent, the notice
shall also be mailed to the operator or supervising agent.
Such notice
shall contain the procedures described in the Kansas official
methods and
regulations for the control and eradication of any noxious weed found on
the land and shall contain a specified time within which the owner,
operator or supervising agent shall complete the required treatment for the
control or eradication of any such noxious weed.
(b) On or before
March 1 of each year, the secretary of agriculture
shall
notify in writing each county weed supervisor of a general notice of noxious
weed infestation, as established by rules and regulations. On or before April 1
of each year, the county weed supervisor may publish in the official county
newspaper the general notice of noxious weed infestation which shall remain in
effect until March 31 of the following year. The cost of such publication shall
be paid from the noxious weed eradication fund.
(c) If an inspection, by the county weed supervisor, made on or
after
the completion date stated in the official notice prescribed under
subsection (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 the
owner and
to the operator or supervising agent of the noxious weed infested land a
legal notice as described in subsection (e).
(d) In the event the county weed supervisor determines that musk
thistle
plants which are found on land in the supervisor's county have
reached a
stage of maturity where weed control methods applied currently would not
give satisfactory results, the supervisor may give legal notice
requiring fall treatment to be performed in the current year.
(e) Legal notice given to the owner and to the operator or
supervising
agent of any noxious weed infested land shall include, but not be limited
to, the following:
(1) A legal description of the noxious weed infested land;
(2) the name of the owner and operator or supervising agent of the
noxious weed infested land, as shown by records of the county clerk;
(3) the approximate acreage of each noxious weed in the infestation or
infestations involved;
(4) a copy of the Kansas official methods and regulations applicable for
controlling each named noxious weed;
(5) a specified time, within which noxious weed control methods are
required to be completed; such specified time shall not be less than five days after mailing of
the
notice;
(6) a statement that unless the owner, operator or supervising agent
completes the required noxious weed control methods within the
specified time, the county weed supervisor may enter or cause to
be
entered upon the noxious weed infested land as often as is
necessary and use such approved methods as are best adapted for the
eradication and control of noxious weeds on the particular area of land;
(7) a statement to inform the owner, operator or supervising agent that they
may be prosecuted pursuant to K.S.A. 2-1323, and amendments thereto, and if
convicted, 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 supervising
agent by telephone call, personal contact or first class mail of the noxious
weed infestation.
History: L. 1973, ch. 4, § 1;
L. 1986, ch. 6, § 1;
L. 1995, ch. 32, § 2;
L. 2004, ch. 101, § 33; July 1.