It shall be unlawful for any owner, agent, lessee, tenant, or other person occupying or having charge or control of any premises to permit weeds to remain upon said premises or any area between the property lines of said premises and the centerline of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private except that no adjoining private landowner shall have the duty to mow all weeds or grass on public property where the ditch has a grade steeper than thirty (30) degrees. All weeds as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.

(Code 2001, 6-106; Ord. 13-4636; Ord. 14-4641; Code 2014)

Weeds as used herein, means any of the following:

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

(b)   Weeds and grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

(c)   Weeds which bear or may bear seeds of a downy or wingy nature.

(d)   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;

(e)   Weeds and 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.

(f)   For purposes of this section and any subsection relating to haying operations, the following terms shall have the meanings respectively ascribed to them:

(1)   Active hay production means the intentional cultivation, cutting, baling, harvesting, or removal of grasses or forage crops for agricultural use, livestock feed, or commercial hay production during the normal growing season.

(2)   Contiguous parcel means a tract of land under common ownership consisting of adjoining property boundaries without separation by ownership, excluding public roads or rights-of-way.

(3)   Common ownership means ownership by the same individual, individuals, partnership, corporation, trust, limited liability company, or other legal entity.

(4)   Haying or haying operations means the agricultural activity of cutting, drying, raking, baling, harvesting, storing, or transporting grasses or forage vegetation for use as hay.

(5)   Noxious weeds means those plant species designated as noxious weeds under the laws and regulations of the State of Kansas, as amended.

(6)   Open grassland means undeveloped land predominantly covered by grasses, forage vegetation, or similar plant growth suitable for agricultural hay production and not principally maintained as a landscaped lawn.

(7)   Pastureland means land primarily used for grazing livestock or the production of forage crops.

(8)   Public nuisance shall have the meaning otherwise provided within the City Code and shall include any condition that endangers public health, safety, or welfare, or interferes with the reasonable use and enjoyment of neighboring property.

(9)   Responsible party means the property owner, operator, lessee, tenant, contractor, or any person conducting or authorizing haying activities on the property.

(Code 2014; Ord. 26-4784)

(a)   The Mayor shall designate a 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 upon which weeds exist in violation of this article, by certified mail or by personal service, once per calendar year.

(b)   Such notice shall include the following:

(1)   That the owner, occupant or agent in charge of the property is in violation of the city weed control law.

(2)   That the owner, occupant, or agent in charge of the property is ordered to cut the weeds within five days of issuance.

(3)   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 issuance.

(4)   That if 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 the cutting including a reasonable administrative fee, against the owner, occupant or agent in charge of the property.

(5)   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.

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

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

(8)   Should the person fail to comply with the notice to abate the nuisance or request a hearing, the public officer may file a complaint in the municipal court of the city against such person and upon conviction of any violation of this article, be fined in an amount not to exceed $500 or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.

(c)   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 article.

(Code 2001, 6-106; Ord. 13-4636; Code 2014)

(a)   Upon the expiration of five days after receipt of the notice required by Section 8-303, and in the event that the owner, or occupant or agent in charge of the premises shall neglect or fail to comply with the requirements of Section 8-301, the public officer or an authorized assistant shall cause to be cut, destroyed and/or removed all such weeds and abate the nuisance created thereby at any time during the current calendar year.

(b)   The public officer or an authorized assistant shall give notice to the owner, occupant or agent in charge of the premises by mail, of the costs of abatement of the nuisance. The notice shall state that payment of the costs is due and payable within 30 days following receipt of the notice.

(c)   If the costs of removal or abatement remain unpaid after 30 days following receipt of notice, a record of the costs of cutting and destruction and/or removal shall be certified to the city clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such weeds were so removed, and against such lots or pieces of land in front of or abutting on such street or alley on which such weeds were so removed. The city clerk shall certify the assessment to the county clerk at the time other special assessments are certified for spreading on the tax rolls of the county.

(K.S.A. 12-1,115; K.S.A. 12-1617f; Code 2001, 6-106; Ord. 13-4636; Code 2014)

(a)   The City Clerk shall, at least once each year during the normal growing season, cause to be published in the official City paper a notice in substantially the following form:

Notice to Property Owners and persons in charge of property:

       All property owners and persons in charge of property or possession of any tract, lot or piece of land in the City of Cherryvale, are hereby notified that all weeds, rank grass, and obnoxious vegetation now growing on private property in the City of Cherryvale, Kansas, Montgomery County, must be cut and removed in five (5) days.

(Code 2001, 6-106; Ord. 13-4636; Code 2014)

After determining the costs and charges for the city’s cutting and removing weeds, rank grass, or obnoxious vegetable growth from each specific lot or piece of land, and the parkways in front thereof the City Clerk shall, within ten (10) days thereafter, mail a statement of costs to the last known address of the occupant or persons in charge of such property. If such costs are not paid within thirty (30) days from the date of mailing such notice City may file a civil action to enforce collection thereof.

(Code 2001, 6-106; Ord. 13-4636; Code 2014)

Notwithstanding any other provision of this section, the cutting, baling, and removal of hay from property located within the city limits shall be permitted provided the following conditions are met:

(1)   The property consists of a contiguous parcel of land containing no less than five (5) acres under common ownership.

(2)   The property is primarily pastureland, agricultural land, or open grassland suitable for hay production.

(3)   The property owner has authorized the haying activity either by conducting the activity themselves or granting permission to another individual or entity.

(4)   Haying operations shall not create a public nuisance or safety hazard, including but not limited to:

(A)  Obstruction of roadways, sidewalks, alleys, drainage areas, or utility easements;

(B)  Excessive dust, noise, or debris affecting neighboring properties; or

(C)  Blocking visibility at intersections or otherwise impairing traffic safety.

(5)   All hay bales shall be removed from the property within fourteen (14) days after baling unless otherwise approved by the City.

(6)   No junk, refuse, discarded equipment, or hazardous materials shall be accumulated or stored on the property in connection with haying operations.

(7)   Haying equipment shall only be operated between the hours of 7:00 a.m. and 9:00 p.m., except with authorization from the City.

(8)   The allowance for haying under this subsection shall not exempt any property owner from compliance with all other applicable zoning regulations, nuisance ordinances, fire codes, or state laws.

(9)   The City may order cessation of haying operations upon determination that the activity constitutes a nuisance, threatens public safety, or violates provisions of the City Code.

(10) Any property found in violation of this subsection may be subject to enforcement actions authorized under Section 8-108 and other applicable provisions of the City Code.

(11) Nothing in this subsection shall permit the uncontrolled growth of noxious weeds as defined by the laws of the State of Kansas. Property owners shall remain responsible for the control and eradication of noxious weeds in accordance with state law and the City Code.

(12) The City may require reasonable fire prevention measures, including mowing or maintaining firebreaks adjacent to public streets, structures, utility infrastructure, or neighboring properties when conditions create an elevated fire hazard.

(13) Haying activities shall not interfere with natural drainage patterns or obstruct culverts, drainage ditches, waterways, or stormwater infrastructure.

(14) Property qualifying under this subsection shall be cut, baled, or otherwise actively managed for hay production at least once during each growing season unless prevented by weather conditions or other circumstances approved by the City.

(15) Hay bales shall not be stored within fifty (50) feet of an occupied residential structure located on adjacent property unless authorized by the City.

(16) Operators shall remove mud, hay debris, or other material deposited onto public streets, sidewalks, or rights-of-way as a result of haying operations.

(17) The City may temporarily suspend haying operations during declared emergencies, burn bans, or hazardous weather conditions when necessary to protect public health or safety.

(18) The exemption provided by this subsection applies solely to vegetation reasonably associated with active hay production and shall not be construed as a blanket exemption from nuisance enforcement.

(19) This subsection shall be construed to permit legitimate agricultural hay production while preserving the City’s authority to protect public health, safety, and welfare.

(Ord. 26-4784)