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.
(Ord. 219; Ord. 219A; Ord. 243; Code 2021)
As used in this section, the following terms and conditions are defined in this section:
(a) The term “calendar year” means that period of time beginning January 1st and ending December 31st of the same year.
(b) Weeds as used herein, means any of the following:
(1) Brush and woody vines shall be classified as weeds;
(2) Weeds and grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved 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 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.
(Ord. 219; Ord. 243; Code 2021)
(a) The governing body of the City of Buffalo shall designate the mayor or an appointed officer to be charged with the administration and enforcement of this article. The mayor or appointed officer or his or her authorized assistant shall notify in writing the owner, occupant or agent in charge or any premises, lot or parcel of ground located within the city upon which weeds exist in violation of this article, by certified mail, return receipt requested, or by personal service, once per calendar year. If the premise, lot or parcel of ground is unoccupied and the owner is a nonresident, then the notice shall be sent by certified mail, return receipt requested, to the last known address of the owner. 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 control of the property is ordered to cut or destroy the weeds within ten (10) days of mailing of the notice;
(3) that the owner, occupant or agent in charge of the property may request a hearing before the governing body of its designated representative within 5 days of the receipt notice;
(4) 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, abate the nuisance and assess the cost of mowing or cutting, including a reasonable administrative fee, against the owner, occupant or agent in charge of the property. If the city or its authorized agent has to cut the weeds or otherwise abate the nuisance as provided for herein, then mowing, cutting and equipment costs shall be assessed to the owner, occupant or agent in charge of the property at the rate of $150.00 per hour, plus interest, expenses and administrative fees as allowed by law.
(5) that the owner, occupant or agent in charge of the property will be given an opportunity to pay the assessment and costs incurred and if it is not so paid then said sum will be added to the property tax as a special assessment or otherwise collected as provided by law;
(6) that no further notice shall be given prior to removal of weeds during the current calendar year;
(7) that the mayor or appointed officer should be contacted if there are questions regarding the order.
(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.
(Ord. 219; Ord. 219A; Ord. 243; Code 2021)
Upon expiration of ten (10) days after receipt of the notice required by 8-303, 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 8-301, the mayor or appointed officer or his or her 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. The mayor or appointed officer or his or her authorized assistant shall give notice to the owner, occupant or agent in charge of the premises by personal service or certified mail, return receipt requested, of the costs of abatement or removal of the nuisance. The city shall be entitled to recover the cost of providing notice, including expenditures for postage. The notice shall state that payment of the costs is due and payable with 30 days following receipt of the notice. If the cost of such removal or abatement and notice is not paid within 30 days following receipt of notice, the cost shall be collected in the manner provided by K.S.A. 12-1, 115, and amendments thereto, or shall be assessed and charged against the lot or parcel of ground on which the nuisance was located. If the cost is to be assessed, the city clerk at the time of certifying other city taxes to the county clerk, shall certify such costs, and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground, and it shall be collected by the county treasurer and paid to the city as other special assessment and in the manner provided by the K.S.A. 12-1, 115, and amendments thereto, but only until the full cost and any applicable interest has been paid in full. The city may also pursue collection by any other lawful means as provided by law.
(K.S.A. 12-1617f; Ord. 243; Code 2021)
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 inconsistent with this article.
(Ord. 243; Code 2021)
It shall be unlawful for any person to interfere with or to attempt to prevent the mayor or appointed officer or their authorized representative from entering upon any such lot or piece of ground or from proceeding with such cutting and destruction. Such interference shall constitute a code violation, the penalty for which shall be punished by a fine not to exceed $50,000.
(Ord. 243; Code 2021)
(a) Nothing in this article 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 article, the term noxious weeds shall mean kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea picris), hoary cress (Lepidium draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbia esula), burragweed (Franseria tomentosa and discolor), pignut (Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.), and Johnson grass (Sorghum halepense).
(K.S.A. 2-1314; Ord. 243; Code 2021)