AN ORDINANCE COMPELLING THE OWNERS OF PROPERTY ADJACENT TO THE STREETS AND ALLEYS IN THE CITY OF TROY, KANSAS, TO KEEP THE AREA BETWEEN THEIR PROPERTY AND THE TRAVELED PORTION OF THE STREETS AND ALLEYS FREE OF BRUSH, WEEDS, AND TALL GRASS; PROVIDING FOR THE MOWING AND/OR CUTTING OF BRUSH, WEEDS AND GRASS BY THE CITY IN THOSE SITUATIONS WHERE THE PROPERTY OWNER FAILS OR REFUSES TO DO SO AND FOR THE ASSESSMENT OF COSTS ASSOCIATED THEREWITH; PROVIDING PENALTIES FOR VIOLATING THIS ORDINANCE; AND REPEALING ALL OTHER ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH.
WHEREAS, brush, weeds and tall grass growing on property adjacent to the traveled portion of streets and alleys in the City of Troy, Kansas, constitute a blighting an detrimental influence on the City;
NOW, THEREFORE, IT IS ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY, KANSAS:
SECTION 1. That all persons and entities owning property in the City of Troy, Kansas which lies adjacent to a public street or alley shall maintain the area between said owner’s property and the traveled portion of the street or alley in a neat appearing manner and free of tall brush, weeds and grass. Any brush, weeds and grass on the above referenced property allowed to grow more than twelve (12) inches tall shall, for purposes of this Ordinance, be considered tall and shall constitute a violation hereof.
SECTION 2. Any person or entity in violation of the terms and provisions hereof shall be give notice of said violation and advised to address the same within seven (7) days. If the owner of the property does not mow the subject property or otherwise bring it into compliance with the standards herein prescribed within seven (7) days of the date on which notice to do so is given, the City of Troy or its authorized agents may mow the property, cut the brush, or do whatever else is reasonably necessary to bring the subject property into compliance herewith and assess all costs associated therewith, including reasonable administrative costs, against the owner of the adjacent property.
SECTION 3. In the event that the property owner shall neglect or fail to bring the subject property into compliance with this ordinance and the City therefore cuts the brush, mows the weeds and grass or takes other action as is reasonably required, the Chief of Police of the City of Troy, Kansas or some other person designated by the City shall give notice to the property owner regarding the costs associated with bringing the subject property into compliance herewith. That notice shall state that payment of said costs is due and payable within thirty (30) days of the date thereof. If the costs remain unpaid after thirty (30) days following the giving of notice regarding such, a record of the costs shall be certified by the City Clerk to the County Clerk as an assessment against the adjacent property to be included as a part of the real estate tax on said adjacent property.
SECTION 4. If the property owner cannot be served personally or by certified mail with notice of a violation hereof or with notice regarding the City’s costs in bringing the subject property into compliance herewith service may be made by publishing one notice in The Kansas Chief, which paper is published in the City of Troy, Kansas. If notice of costs due is given by publication payment shall be due within thirty (30) days from the date of publication.
SECTION 5. Any person guilty of violating this ordinance shall, in addition to being responsible for the costs as hereinabove provided, be fined for each violation a sum not greater than Two Hundred Fifty Dollars ($250.00).
SECTION 6. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 7. This ordinance shall be in full force and effect from and after its publication in the official city paper.
Passed by the governing body and signed by the Mayor this 18th day of March 1997.
Leonard Clary, Mayor