It shall be unlawful for any owner, agent, lessee, tenant, or any other person occupying or having charge or control of any premises to permit weeds to remain upon said premises or any other area between the property lines of said property and centerline of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, right-of-ways and any other areas, public or private. All weeds as herein defined are hereby declared a nuisance and are subject to abatement as herein provided.

(Ord. 1180, Sec. 1; Code 1984; Ord. 1432)

(a)   Calendar Year - as used herein, means that period of time beginning January 1 and ending December 31 of each year.

(b)   Weeds as used herein, means any of the following:

(1)   Brush and woody vines shall be classified as weeds;

(2)   Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent property:

(3)   Weeds which bear or may bear seeds of a downy or wingy nature;

(4)   Weeds which are located in an area which harbors rats, insects, animals, reptiles, or any other creature which either may or does constitute a menace to health, public safety or welfare;

(5)   Weeds and indigenous grasses on or about residential property which, because of its height, has a blighting influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting, if they exceed 12 inches in height.

(Code 1984; Ord. 1432)

The City Manager shall designate the Chief of Police as the public officer, to be charged with the administration and enforcement of this Ordinance. The public officer or an authorized assistant shall notify in writing the owner, occupant, or agent in charge of any premises in the City of Stockton, upon which weeds exist in violation of this ordinance, by mail or by personal service, once per calendar year. Such notice shall include the following:

(a)   That the owner, occupant, or agent in charge of the property is in violation of the City Weed Control Law.

(b)   That the owner, occupant, or agent in charge of the property is ordered to cut weeds within 10 days of the receipt of notice.

(c)   That the owner, occupant, or agent in charge of the property may request a hearing before the governing body or its designated representative, within five days of the receipt of the notice.

(d)   That the owner, occupant, or agent in charge of the property does not cut the weeds, the City or its authorized agent will cut the weeds and assess the cost of cutting, including an administrative fee, against the owner, occupant, or agent in charge of the property.

(e)   That the owner, occupant or agent in charge of the property will be given an opportunity to pay the assessment, and if it is not paid, it will be added to the property tax as a special assessment.

(f)   That no further notice shall be given prior to removal of weeds during the current calendar year.

(g)   That the public officer should be contacted if there are any questions regarding the order.

If there is a change in 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 cost 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.

(Code 1987; Ord. 1432)

(a)   Upon the expiration of 10 days of the notice, required by Section 8-503, and in the event that the owner, occupant or agent in charge of the premises shall neglect or fail to comply with the requirements of Section 1, the public officer or an assistant shall cause to be cut, destroyed and or remove all such weeds and abate the nuisance created thereby at any time during the current calendar year.

(b)   The public officer or an authorized representative shall give notice to the owner, occupant or agent in charge of the premises, by certified mail, of the cost of abatement of the nuisance. The notice shall state the payment of costs is due and payable within 30 days following the receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section.

(c)   The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. 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 applicable interest has been paid in full.

(K.S.A. 12-1617(f); Code 1987; Ord. 1432; Code 2015)

The public officer and the public officer’s authorized assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property at all reasonable hours for the purpose of cutting, destroying, and/or removing such weeds in a manner not consistent with this article.

(Code 1984, Ord. 1432)

It shall be unlawful for any person to interfere with or to attempt to prevent the public officer or the public officers authorized representative from entering upon such lot or piece of ground or from proceeding with such cutting and destruction. Such interference shall constitute an ordinance violation.

(Code 1984, Ord. 1432)

(a)   Nothing in this ordinance shall affect or impair the rights of the City under the provisions of Chapter 2, Article 13 of the Kansas Statutes Annotated, relating to the control and eradication of certain noxious weeds.

(b)   For the purpose of this section, the terms Noxious Weeds shall mean kudzu (Pueraria lobate), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea picris), hoary cress (Lupidium draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbia esula), burragweed (Carduus nutans L.), and Johnson grass (Sorghum halpense).

(K.S.A. 2-1314; Code 1984, Ord. 1432)

Nothing in this article shall apply to field bindweed (Convolvulus arvensis), Russian Knapweed (Centaurea picris) or hoary cress (lepidium draba) and it shall not apply to Johnson grass (sorghum halepense) when declared to be a noxious weed by the board of county commissioners. All noxious weeds named in this section shall be controlled as provided by law.

(Ord. 1180, Sec. 3)