CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\Article 3. Weeds

All owners, agents for owners, tenants, or occupants of any lots or pieces of land within the City of Sublette, Kansas, are hereby required to maintain all grasses, weeds, and vegetation growing on their lot by spraying, cutting, destroying or by other legal means, at a height of not to exceed 18 inches. All grasses, weeds, and vegetation in excess of 18 inches in height on lots and pieces of land within the City of Sublette, Kansas shall constitute a nuisance and shall be abated pursuant to the terms set out herein.

(Ord. 239; Code 2020)

Grasses, Weeds, and Vegetation shall include all growing or dormant grasses, weeds, and vegetation except the following, to-wit:

(a)   Trees;

(b)   Bushes and shrubs;

(c)   Crops;

(d)   Ornamental long-stemmed grasses, flowers, and vines.

(Ord. 239; Code 2020)

Whenever grasses, weeds, and vegetation, as defined herein, are not maintained, as required herein, as a level not to exceed 18 inches in height, the City shall cause notice of the same to be served upon the owner, or agent for the owner, or by mailing said notice to the last known address of the owner or agent of the owner by certified mail, that the said grass, weed, and vegetation nuisance should be removed and abated from said lot or piece of lant within ten days from the date of service or mailing. In the event the owner or agent of the owner shall fail to comply with the requirements of said notice within the stated period of time, then the governing body, through its appropriate law enforcement agency, shall proceed to remove the grass, weed, and vegetation nuisance from said lot or piece of land by spraying, cutting, destroying or any other legal means, and report the costs thereof to the City Clerk; and the costs of said spraying, cutting, destroying or removal or abatement of the nuisance shall be assessed and charged against the lot or parcel of ground on which the nuisance was located.

(Ord. 239; Code 2020)

It shall be the duty of the City Clerk at the time of certifying other city taxes to the County Clerk to certify aforesaid costs, and the County Clerk shall charge the same on the tax roll of the County against said lot, block, tract, 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.

(K.S.A. 12-1617f; Ord. 239; Code 2020)

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. 239; Code 2020)

Any person who shall knowingly or willfully violate any of the regulations herein prescribed or who shall directly or indirectly prevent or obstruct the administration of this article, shall, upon conviction thereof, be fined in any sum not exceeding $500.00, or be imprisoned in the City Jail not to exceed sixty days, or be both so fined and imprisoned.

(Ord. 239; Code 2020)

(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. 239; Code 2020)