ORDINANCE NO. 9269

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 18, ARTICLE 3, SECTION 18-304, CODE OF THE CITY OF LAWRENCE, KANSAS 2015 EDITION, AND AMENDMENTS THERETO, PERTAINING TO WEEDS, AND REPEALING EXISTING SECTION 18-304.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Chapter 18, Article 3, Section 304 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended to read as follows:

18-304             WEEDS TO BE REMOVED.

(A)       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.  All weeds as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.

(B)       Nothing in this article shall be construed to subject trees, shrubbery, flowers, ornamental plants, crops grown as part of an Urban Agriculture use, as defined in the City Land Development Code, and properly maintained gardens to the provisions of this Article. The City shall bear no responsibility for the cutting or abatement of trees, shrubbery, flowers, ornamental plants, crops grown as part of an Urban Agriculture use, or other vegetation which are not reasonably distinguishable at the time of abatement from other vegetation which is to be abated due to excessive growth. 

(C)       Property owners may voluntarily register their property zoned for residential uses with the City of Lawrence, Codes Enforcement Division as property to be used for natural landscaping. For purposes of this Article, natural landscaping shall mean the growth of any vegetation to its natural height and form; provided such vegetation is not prohibited by the laws of the State of Kansas. Upon the receipt of a Notice of Violation pursuant to this Article, a property owner of property zoned for residential uses may claim that natural landscaping exists on the property and the property owner may seek an exemption from the provisions of this Article.  The claim for exemption shall be presented to the City Codes Enforcement Division within the ten (10) day time limit of Section 18-305. The claim for an exemption shall be in writing and shall be considered by the City Commission. The claim for an exemption shall stay the enforcement of this Article until the claim has been heard and determined pursuant to this Article. No exemption shall be allowed if the vegetation growth constitutes a nuisance. No exemption shall be allowed if the public health, safety, or welfare of the community is harmed by the granting of the exemption.

SECTION 2. Existing section 18-304, Code of the City lf Lawrence, Kansas 2015 Edition, and amendments thereto, is hereby repealed, it being the intent of the Governing Body that the terms of this ordinance supersede the repealed provision.

SECTION 3. If any section, sentence, clause, 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 part of this ordinance.

SECTION 4. This ordinance shall take effect and be in force after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _____ day of _____, 2016.

APPROVED:

_____________________________

Mike Amyx

                                                                                    Mayor

ATTEST:

__________________________________

Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

__________________________________                      

Toni R. Wheeler                                                        

City Attorney

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NOTICE TO PUBLISHER

Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney.