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. 1379, Sec. 1)

Weeds as used herein, means any of the following:

(a)   Brush and woody vines shall be classified as weeds;

(b)   Weeds and grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

(c)   Weeds which bear or may bear seeds or a downy or wingy nature;

(d)   Noxious weeds and weeds of invasive species.

(e)   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;

(f)    Weeds and grasses on or about residential property which, because of such weeds’ or grasses’ height, have a blighting influence on the neighborhood. Any such weeds and grasses shall be presumed to be blighting if they exceed 12 inches in height on any lot or parcel with a structure on it, or 18 inches in height on any vacant lot.

(g)   Trees growth and/or undergrowth to hang or extend down over any sidewalk less than ten (10) feet from the level of such sidewalk, or fourteen (14) feet over any street from the level of the street or avenue;

(h)   Notwithstanding the foregoing, weeds shall not include riparian buffers established pursuant to the following section.

(Code 2011; Ord. 1558)

(a)   Notwithstanding the foregoing prohibition, vegetation which might otherwise constitute weeds and noxious growths may be allowed to exist if part of a bona fide and approved riparian buffer.  To qualify for a riparian buffer exception, the owner of the land in question shall submit a written plan to the City Stormwater Department for approval.  The plan must address itself to such matters as may be designated within guidelines for riparian buffers maintained by the City and shall be approved or disapproved by the City Stormwater Department within 30 days following its submission.  Any abatement proceedings initiated by the City shall be stayed pending approval or disapproval of such plan by the Stormwater Department.

(b)   All approved riparian buffers are subject to periodic inspection by the Andover Stormwater Department to verify compliance with the approved plan.  To maintain an approved status, the owner of such land shall comply with all directives for correction issued by the Stormwater Department and the failure to promptly comply with such directives, unless appealed as provided for herein, shall result in the revocation of approval and the commencement of abatement proceedings.

(c)   Disapproval of a plan where the revocation of approval as provided for herein, may be appealed to a hearing panel consisting of the City Administrator, the Director of Public Works and Community Development, the Planning Commission Chairperson or his/her designee, the Site Plan Committee Chairperson or his/her designee, and a citizen at large, to be appointed by the Mayor.  Any such appeal, to be effective, must be in writing and filed with the City Clerk within not later than 10 calendar days from the date of the plan disapproval or revocation of approval.  Abatement proceedings shall be stayed during the appeal process.  The hearing panel shall convene at a time and place determined by the City Clerk, with not less than 5 days advance written notice given to the appellant.  The hearing panel shall make its determination in writing within not less than 5 days following its hearing and the determination of the hearing panel shall be final. 

(Ord. 1379, Sec. 1; Ord. 1459, Sec. 1)

(a)   The Governing Body shall designate a public officer to be charged with the administration and enforcement of this article.  The public officer or authorized assistant shall give written notice to the owner, occupant or agent of such property by certified mail, return receipt requested, or by personal service to cut or destroy weeds; provided, however, that if the property is unoccupied and the owner is a nonresident, such notice shall be sent by certified, return receipt requested, to the last known address of the owner.  Such notice shall only be given once per calendar year.

(b)   The notice to be given hereunder shall state:

(1)   That the owner, occupant or agent in control 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 10 days of the receipt of the notice;

(3)   That the owner, occupant or agent in control of the property may request a hearing before the governing body or its designated representative within five (5) days of the receipt of the notice or, if the owner is unknown or a nonresident, there is no resident agent, 10 days after notice has been published by the city clerk in the official city newspaper;

(4)   That if the owner, occupant or agent in control of the property does not cut or destroy the weeds or fails to request a hearing within the allowed time the City or its authorized agent will cut or destroy the weeds and assess the cost of the cutting or destroyed weeds, including a reasonable administrative fee, against the owner, occupant or agent in control of the property;

(5)   That the owner, occupant or agent in control of the property will be given an opportunity to pay the assessment, and if it is not paid within 30 days of such notice, it will be added to the property tax as a special assessment;

(6)   That no further notice will be given during the current calendar year prior to the removal of weeds from the property; and,

(7)   That the public 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 notice.

(Ord. 1379, Sec. 1)

(a)   If the owner, occupant or agent in control of the property has neither alleviated the conditions causing the alleged violation nor requested a hearing within the time periods specified in Section 8-203, the public officer or an authorized assistant shall abate or remove the conditions causing the violation.

(b)   If the City abates or removes the nuisance pursuant to this section, the City shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the City.  The notice shall also state that the payment is due within 30 days following receipt of the notice.  The City may also recover the cost of providing notice, including any postage, required by this section.

(c)   The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, 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 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.

(K.S.A. 12-1617f; Ord. 1379, Sec. 1)

(a)   Whenever necessary to make an inspection of any building, structure or premises to determine if a nuisance exists, or whenever the public officer has cause to believe that there exists therein any condition which endangers the public health, the public officer is authorized to enter such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed upon the public officer under this code.

(b)   The authority granted to the public officer by subsection (a) of this section is subject to the following:

(1)   If the building, structure or premises is occupied, the public officer shall first present proper credentials, explain the purpose for which admittance is desired and demand entry.

(2)   If such property is unoccupied, the public officer shall first make a reasonable effort to locate the owner or other person having charge or control of the property, present proper credentials, explain the purpose for which admittance is desired and demand entry.

(3)   If the public officer is refused admission or cannot locate the owner or occupant, the public officer shall refrain from entering until authorized to do so by proper judicial authority.

(Ord. 1379, Sec. 1; Code 2011)

It shall be unlawful for any person to interfere with or to attempt to prevent the public officer or the public officer’s authorized representative from lawfully entering upon any such lot or piece of ground or from proceeding with such cutting and destruction.  Such interference shall constitute a violation of the Code of the City of Andover.

(Ord. 1379, Sec. 1; Code 2011)

(a)   Nothing in this Section 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 Section, the term noxious weeds shall mean kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea repens), hoary cress (Cardaria draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbia esula), bur ragweed (Ambrosia grayii), pignut (Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.), Johnson grass (Sorghum halepense) and sericea lespedeza (Lespedeza cuneata).

(Ord. 1379, Sec. 1; K.S.A. 2-1314; Code 2011)