ORDINANCE NO. 8424
AN ORDINANCE AMENDING ARTICLE 3 OF CHAPTER 18 OF THE CITY CODE RELATED TO THE REMOVAL OF NOXIOUS WEEDS, GRASS AND OTHER VEGETATION.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. Section 18-305 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby amended to read as follows:
18-305 VIOLATIONS; NOTICE OF VIOLATION; ORDER TO REMOVE; HEARINGS AND ABATEMENTS.
The City Manager shall designate a public officer to be charged with the administration and enforcement of this Article. The public officer or an assistant shall conduct a reasonable investigation of the property upon which vegetation of excessive growth is believed to exist.
(A) It shall be unlawful for any owner, occupant or agent of a property to allow the excessive growth of vegetation on that property. Any violation of this section shall be a misdemeanor, and shall be punished by a fine not less than $25 or more than $100; or a jail term not to exceed 180 days; or both such fine and jail term. Each day any violation of this Article continues shall constitute a separate offense.
(B)
If a violation
of the Article is determined to have occurred, the owner, occupant, or agent of
the property shall be notified provided a notice of violation
by personal service or by certified mail return receipt requested notice:. The notice of violation shall serve as a one time yearly
written notification for the property unless the record owner of title to the
property changes subsequent to the sending of the notice of violation, in which
case a notice of violation shall be sent to the new record owner. No further
notice shall be given prior to removal of weeds or excess vegetation during the
year. Failure to sign for the certified return receipt requested mail notice of
violation from the City or failure to pick up the notice of violation from the
post office within ten (10) days shall not constitute a lack of notice under
this Article where delivery was attempted and a record of this attempt was
provided as required by procedures for restricted mail.
(C) The notice of violation required by this subsection shall include the following:
(1) (A) That the property is in violation
of the City weed control ordinance, describing the property and its locale
and the nature of the violation.
(2) (B) That the person in charge of the
property shall have ten (10) days from the date of the mailing of the notice, or in cases where the owner is
unknown or is a non-resident, and there is no resident agent, ten (10)
days after notice has been published by the City in the official City paper to either eradicate the excessive
growth of vegetation or request a hearing before the Governing Body or its
designated representative on the matter.
(3) The notice shall include a provision
tThat the notice serves as the one
time yearly written notification for the property and that no further notice
shall be given prior to removal of weeds or excess vegetation during the year.
(4) (C) That if the owner, occupant, or
agent of the property fails to correct the violation or request a hearing
within ten (10) days of the mailing of notice, the City or its authorized agent
will remove the excessive growth of vegetation by reasonable means and assess
the costs of removal, including reasonable administrative costs, against such
person. Notice of
the total cost of such abatement shall be provided to the owner, occupant or
agent by certified mail return receipt requested or personal service.
(5) (D) That if the assessed costs of
removal, including administrative costs, are not paid within thirty (30) days
of the date when the assessment comes due, the costs will be added to the
property tax as a special assessment.
(6) (E) That if any special assessments
levied by the City in accordance with this Article remain unpaid for a period
of one (1) year or more after their initial levy, the City may collect the
amount due in the same manner as a personal debt of the property owner to the
City by bringing an action in the Douglas County District Court. Such actions
may be maintained, prosecuted, and all proceedings taken, including any award
of post judgment interest in accordance with K.S.A. 16-204, and amendments
thereto, to the same effect and extent as for the enforcement of an action for
debt. All provisional remedies available in such actions shall be available to
the City in the enforcement of the payment of such obligations. In such
actions, the City also shall be entitled to recover interest at the rate
provided in K.S.A. 79-2968, and amendments thereto, from and after the date a
delinquency occurs in the payment of special assessments levied under this
Article.
(7)
(F) That violation of any
provisions of this Article shall be deemed a misdemeanor and be punishable by (a) A a fine of not less than $25 or more
than $100; or (b)
Imprisonment in the City a jail term of for not more than 180 days; or (c) both such fine
and jail term, and that imprisonment not to exceed (a) and (b) above. each day any violation of this
Article continues shall constitute a separate offense punishable as a misdemeanor. Prosecution of any offender under this Section does
not limit the City's right to abate any excessive growth as defined under this
Article or to additionally recover any costs incident to the abatement process,
including reasonable administrative costs.
(8)
(G) That the public officer should be
contacted if there are any questions concerning the order.
(D) Hearing and Abatement Procedure
(1) At the request of an owner, occupant or agent of a property that is the subject of a notice of violation, the governing body or its designated representative shall hold a hearing to determine whether a violation exists under this Article. Such hearing must be requested during the ten days subsequent to the mailing or service of the notice of violation. If, after hearing, a violation of this Article is determined to exist the governing body or its designated representative shall enter an order requiring the violation of this Article to be corrected by a specified date. In no event will this date be prior to the eleventh day subsequent to the mailing or service of the notice of violation.
(2) If the owner, occupant, or agent of a property that is the subject of a notice of violation fails to request a hearing or to eradicate the weeds or excessive growths of vegetation within ten days of the mailing, publication or personal service of the notice of violation, or if, following the expiration of the ten day period and during the same year, any further weeds or excessive growths of vegetation exist on the property the City may abate the condition and remove the weeds or excessive growth of vegetation by reasonable means.
Failure to sign for the certified return receipt requested
mail notice from the City or failure to pick up the notice from the post office
within fifteen (15) days shall not constitute a lack of notice under this
Article where delivery was attempted and a record of this attempt was provided
as required by procedures for restricted mail.
Section 2. Section 18-306 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby amended to read as follows:
18-306 ASSESSMENT OF COSTS.
(A) Upon failure of the owner, occupant,
or agent of the property to either correct or have corrected the violation or
request a hearing as provided in this Article, the public officer or assistant
shall cause the excessive growth of vegetation to be removed.
(B)
(A) The owner, occupant, or agent of the
property shall be given notice by restricted mail or personal service of notice
of the total assessed costs of abatement of the nuisance including reasonable
administrative costs. Such notice shall state payment of the abatement and
administrative costs is due within thirty (30) days of receipt of the notice.
If the cost of such abatement is not paid within the 30-day period, a record of
all costs shall be certified to the City Clerk, who shall cause such costs to
be assessed against the property upon which the nuisance was abated. The City
Clerk shall certify the assessment to the County Clerk at the time other
special assessments are certified to be spread on the county tax rolls, and the
City may also pursue the remedies outlined in Section 18-305(e). If weeds or the excessive growths of
vegetation are abated from a property pursuant to this Article, the costs of
the removal, including administrative costs, may be taxed against any owner,
occupant or agent of the property who was personally served or sent a notice of
violation as required by this section. Notice of the total cost of the
abatement shall be provided to such owner, occupant or agent by certified mail
return receipt requested or personal service, and such notice shall provide
that the abatement costs are due within 30 days of the receipt of the notice.
(B) If the costs of the abatement are not paid within 30 days of the receipt of the notice of abatement costs, a record of all of these costs will be certified to the City Clerk and the City Clerk shall cause a special assessment to be levied for such costs against the lot or piece of land in the same manner as is provided in K.S.A. 12-1617e, and amendments thereto. In the alternative or in addition to such special assessment the City may collect the costs in the manner provided in K.S.A. 12-1,115, and amendments thereto.
(C) If the City pursues collection both by levying a special assessment and in the manner provided in K.S.A. 12-1,115, and amendments thereto, collection may only be pursued until the full cost of the abatement, including administrative costs, and any applicable interest has been collected.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
Section 4. Sections 18-305 and 18-306 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, are hereby repealed, it being the intent to replace those sections with the substitute provisions found in this ordinance.
Section 5. This ordinance shall take effect and be in force effective upon its passage and publication once in the official city paper as provided by law.
PASSED by the Governing Body this _______ day of____________, 2009.
PASSED:
________________________
Robert Chestnut, Mayor
ATTEST:
____________________________
Frank S. Reeb, City Clerk
APPROVED AS TO LEGAL FORM:
____________________________
Toni Ramirez Wheeler
Director of Legal Services