For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein.

(a)   “Developed property” means an improved residential or commercial lot or area.

(b)   “Grass” means any plant of the family Gramineae, having jointed stems, sheathing leaves, and seed like grains.

(c)   “Noxious weeds” means primary and secondary classes of weeds as defined by Kansas Statutes, and all additions to this list as so declared by the State Secretary of Agriculture.

(d)   “Right-of-way” means the entire width of a platted street or alley in use or undeveloped.

(e)   “Undeveloped property” means an unimproved lot or area.

(f)    “Weeds” means any plant, brush, woody vine growing uncultivated and out of context with the surrounding plant life with a height of 12 inches or more, except as otherwise provided in this article.

(Ord. 1836, Sec. 1; Ord. 2214)

The governing body shall designate a public officer to be charged with the administration of this article and shall have the necessary authority to carry out the enforcement of this article. 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 any weed or grass nuisance in a manner not inconsistent with this article. It shall be unlawful for any person to interfere with or attempt to prevent the public officer or the public officer’s authorized representative from entering upon any such lot or piece of ground or from proceeding with such cutting and destruction.

 (Ord. 1836, Sec. 2; Code 1988; Code 2016; Ord. 2214)

Except as provided elsewhere in this chapter, the following provisions shall apply:

(a)   Each owner, occupant or agent of any property within the city limits of the City of Beloit, Kansas, shall cut or otherwise destroy all noxious weeds thereon and shall keep said property free of such growth.

(b)   Each owner, occupant or agent of any property within the city limits of the City of Beloit, Kansas, shall be responsible to:

(1)   Keep grasses and weeds on said property mowed so that grasses and weeds are less than twelve (12) inches, including areas up to the centerline of any adjacent street or alley, and any sidewalks, easements, and rights of way;

(2)   Except that grasses and weeds on undeveloped property located more than 100 feet from developed property shall be mowed so that grass and weeds are less than eighteen (18) inches in height;

(3)   Garden crops and ornamental plants in established planting beds may exceed the requirements of this article, however weeds and grasses shall be cut so that such weeds or grasses are less than eighteen (18) inches in height.

(c)   No owner or person in possession or control of any developed or undeveloped property shall allow plant, weed, or grass growth or the accumulation of plant materials on such lot to remain in such a state as to constitute a fire hazard.

(Ord. 1836, Sec. 3, Ord. 2214)

It shall be unlawful for any owner, occupant or agent to violate the provisions of this article and such violation shall be considered a nuisance and are subject to abatement as hereinafter provided.

(K.S.A. 12-1617(f); Ord. 1836, Sec. 4; Code 1988; Ord. 2214)

If the City of Beloit finds a property is in violation of this article, one Notice to Remove letter and copy of this article will be sent by regular mail to the property owner, occupant or agent. The Notice to Remove shall state:

(a)   that the person is in violation of this article;

(b)   the owner, occupant or agent of said property is ordered to cut or remove the weeds and grasses within ten (10) days of receipt of the notice;

(c)   the owner, occupant or agent of said property may request a hearing before the governing body or its designated representative within five (5) days of receipt of the notice;

(d)   if the owner, occupant or agent of said property does not cut the weeds and grasses, the city or its authorized agent will cut or remove the weeds and grasses and assess the costs of the cutting or removal, including a reasonable administrative fee, against the owner;

(e)   the owner will be given an opportunity to pay the assessment, and, if it is not paid, it will be added to the property tax as a special assessment;

(f)    no further notice shall be given prior to the cutting or removal of weeds or grasses during the current calendar year;

(g)   failure to comply with the notice or request a hearing could result in prosecution in Beloit Municipal Court; and

(h)   the public officer shall be contacted if there are any questions regarding the order.

If there is a change in the record owner of title to the 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 or grasses on such property unless the new record owner of title to such property is provided notice as required by this section.

(Ord. 1836, Sec. 5; Ord. 2214)

(a)   Upon the expiration of ten (10) days after receipt of the notice required by section 7- 505, and in the event that the owner, occupant or agent shall neglect or fail to comply with the requirements of section 7-504, the public officer or an authorized agent shall cause to be cut, destroyed and/or removed all such weeds and grasses and abate the nuisance created thereby.

(b)   The public officer or an authorized assistant shall give notice by regular mail to the owner, occupant or agent of the property of the costs of cutting or removal incurred by the city, including administrative fees. The city may also recover the costs of providing the notice, including postage. The notice shall state that payment of the costs is due and payable within 30 days following receipt of the notice.

(c)   If the cost of the removal or abatement is not paid within the 30-day period following receipt of the notice, the cost shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments against the lot or parcel of land on which the weeds or grasses were so removed, and against such lots or parcels of land in front of or abutting on such street or alley on which such weeds and grasses were removed, and the city clerk, at the time of certifying other city taxes, shall certify the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.

(Ord. 1836, Sec. 6; Ord. 2214)

Should any person fail to comply with the notice to abate the nuisance or request a hearing, the public officer may file a complaint in the municipal court of the city against such person and upon conviction be fined in an amount not to exceed $100.00. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.

(K.S.A. 2-1314; Ord. 1836, Sec. 7; Code 1988; Ord. 2214)

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.

(Ord. 2214)

(a)   No person shall deposit or cause to be deposited in any public street, alley or storm sewer any weed or grass clippings, leaves, or any other yard waste and no person shall operate any lawn mower, lawn sweep or other mechanical device used for cutting weeds or grass or collecting leaves in such a manner as to permit or cause the weed or grass clippings or leaves discharged from said lawn mower, lawn sweep or other mechanical device to be deposited or blown into the public street, alley, or storm sewer.

(b)   No person shall dump, unload, or otherwise deposit weed or grass clippings, leaves, or any other yard waste in any street, alley, storm sewer, creek, waterway, or stream within the city.

(c)   Violation of this section shall be a code violation subject to prosecution in municipal court and upon conviction such person shall be fined in an amount not to exceed $100.00.

(Ord. 2214)