AN ORDINANCE RELATING TO THE CUTTING OF WEEDS AND VEGETATION, PROVIDING OFR NOTICE AND PROVIDING FOR CUTTING BY THE CITY OF TROY, KANSAS, AND PROVIDING FOR CHARGES THEREFORE.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY, KANSAS:
SECTION 1. WEEDS TO BE REMOVED. It shall be unlawful for any owner, agent, lessee, tenant, or other person occupying or having charge or control of any premises situate within the corporate city limits of the City of Troy, Kansas (herein City) to permit weeds to remain upon 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.
SECTION 2. DEFINITIONS.
(1) Brush or woody vines shall be classified as weeds.
(2) Weeds and indigenous 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 indigenous 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.
SECTION 3. PUBLIC OFFICER; NOTICE TO REMOVE. The Governing Body of the City (herein Governing Body) shall designate the Chief of Police of the City of Troy and such other public officers as it deems necessary to be charged with the administration and enforcement of this ordinance. The Chief of Police or other designated officer 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 ordinance, by mail or by personal service, once per calendar year. Such notice shall include the following:
That the owner, occupant or agent in charge of the property is in violation of the City weed control law.
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 section.
SECTION 4. ABATEMENT, ASSESSMENT OF COSTS.
SECTION 5. RIGHT OF ENTRY. 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 ordinance.
SECTION 6. UNLAWFUL INTERFERENCE. It shall be unlawful for any person t interfere with or attempt to prevent the public officer or public officer’s authorized representative from entering upon any such lot or piece of ground or from proceeding with such cutting and destruction. Such interference shall constitute an ordinance violation.
SECTION 7. NOXIOUS WEEDS.
SECTION 8. OTHER ORDINANCES. Nothing in this ordinance shall affect or impair the right of the City of Troy to utilize the terms and provisions of City of Troy Ordinance No. 545 or any other ordinance or state statutes relating to the abatement of nuisances.
SECTION 9. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its publication in The Kansas Chief, the official city newspaper.
ADOPTED AND APPROVED by the Governing Body, this 18th day of May, 1999.
Leonard Clary, Mayor