ORDINANCE NO. 772
AN ORDINANCE RELATING TO THE CUTTING OF WEEDS AND VEGETATION,
PROVIDING FOR NOTICE AND PROVIDING FOR CITING BY THE CITY OF MEADE,
KANSAS, AND PROVIDING FOR CHARGES THEREOF; AND REPEALING ALL OTHER
ORDINANCES OR PARTS THEREOF OF THE CITY OF MEADE, KANSAS, IN
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MEADE, 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 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.
Section 2. DEFINITIONS.
(a) Calendar Year as used herein, means that period of time
beginning January 1st and ending December 31st of the same year.
(b) Weeds as used herein, means any of the following:
(1) Brush and 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
(3) Weeds which bear or may bear seeds of a downy or wingy
(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 mayor, with Council
approval, shall designate a public officer to be charged with the
administration and enforcement of this ordinance. The public officer
or an authorized assistant 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
(a) That the owner, occupant or agent in charge of the
property is violation of the city weed control law.
(b) That the owner, occupant or agent in charge of the property
is ordered to cut the weeds within 10 days of the receipt of
(c) That the owner, occupant or agent in charge of the property
may request a hearing before the governing body or its
designated representative within five days of the receipt of
(d) That if the owner, occupant or agent in charge of the
property does not cut the weeds, the city or its authorized
agent will cut the weeds and assess the cost of the cutting,
including a reasonable administrative fee, against the owner,
occupant or agent in charge of the property.
(e) That the owner, occupant or agent in charge of the property
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
(f) That no further notice shall be given prior to removal of
weeds during the current calendar year.
(g) That the public officer should be contacted if there are any
questions regarding the order.
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.
(a) Upon the expiration of 10 days after receipt of the
notice required by Section 3, and in the event that the owner,
occupant or agent in charge of the premises shall neglect or
fail to comply with the requirements of Section 1, the public
officer or an authorized assistant shall cause to be cut,
destroyed and/or removed all such weeds and abate the nuisance
created thereby at any time during the current calendar year.
(b) The public officer or an authorized assistant shall give
notice to the owner, occupant or agent in charge of the premises
by restricted mail of the costs of abatement of the nuisance.
The notice shall state that payment of the costs is due and
payable within 30 days following receipt of the notice.
(c) If the costs of removal or abatement remain unpaid after 30
days following receipt of notice, a record of the costs of
cutting and destruction and/or removal shall be certified to the
city clerk who shall cause such costs to be assessed against the
particular lot or piece of land on which such weeds were so
removed, and against such lots or pieces of land in front of or
abutting on such street or alley on which such weeds were so
removed. The city clerk shall certify the assessment to the
county clerk at the time other special assessments are certified
for spreading on the tax rolls of the county.
Section 5. RIGHT OF ENTRY. The public officer, and 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 to interfere with or to 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. Such interference shall constitute an ordinance
Section 7. NOXIOUS WEEDS.
(a) Nothing in this ordinance 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 picris), hoary cress (Lepidium
draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron
repens), Leafy spurge (Euphorbis esula), burragweed (Franseria
tomentosa and discolor), pignut (Hoffmannseggia densiflora),
musk (nodding) thistle (Carduus nutans L.), and Johnson grass
Section 8. That all other ordinances or parts thereof in conflict
herewith are hereby repealed.
Section 9. This Ordinance shall be in full force and effect from and
after its adoption and publication in the official city newspaper.
ADOPTED AND APPROVED by the Governing Body, this 11th day of
LEROY LEMASTER, MAYOR
DENNIS R. ECKHOFF, CITY CLERK