SB 146--Am. by HCW
[As Amended by House Committee of the Whole]
As Amended by House Committee
As Amended by Senate Committee
Session of 1997
By Committee on Elections and Local Government

14 AN ACT concerning cities; relating to the removal or destruction of 15 weeds; relating to the assessment and collection of costs thereof; [re- 16 lating to officers and employees; relating to the qualifications 17 and powers and duties thereof;] amending K.S.A. 1996 Supp. 12- 18 1617f and repealing the existing section[; also repealing K.S.A. 13- 19 2903]. 20 21 Be it enacted by the Legislature of the State of Kansas: 22 Section 1. K.S.A. 1996 Supp. 12-1617f is hereby amended to read as 23 follows: 12-1617f. (a) The governing body of any city is hereby authorized 24 to provide for and require the cutting or destruction of all noxious weeds 25 on lots or pieces of land within the city. Except as provided by subsection 26 (b), the city clerk shall may shall issue a notice to the owner, occupant 27 or agent by restricted registered mail or by personal service to cut or 28 destroy such noxious weeds. The notice shall state that before the expi- 29 ration of the waiting period provided herein the recipient thereof may 30 request a hearing before the governing body or its designated represen- 31 tative. If the occupant, owner or agent fails to request a hearing or refuses 32 to cut or remove such noxious weeds, after five days' notice by the city 33 clerk, or in cases where the owner is unknown or is a nonresident, and 34 there is no resident agent, 10 days after notice has been published by the 35 city clerk in the official city paper, the city shall cut or destroy such weeds 36 and shall keep an account of the cost of same and report to the city clerk. 37 Except as provided by subsection (b), the city shall may shall give notice 38 to the owner, occupant or agent by restricted registered mail of the total 39 cost of such cutting or removal incurred by the city. The city also may 40 recover the cost of providing notice, including postage, required by this 41 section. Such notice also shall state that payment of such cost is due and 42 payable within 30 days following receipt of such notice. If the cost of such 43 removal or abatement is not paid within the thirty-day period, the city SB 146--Am. by HCW

 1  may levy a special assessment for such cost against the lot or piece of land
 2  in the same manner as provided in K.S.A. 12-1617e, and amendments
 3  thereto, or the city may collect the cost in the manner provided by K.S.A.
 4  12-1,115, and amendments thereto. The city may pursue collection both
 5  by levying a special assessment and in the manner provided by K.S.A. 12-
 6  1,115, and amendments thereto, but only until the full cost and any ap-
 7  plicable interest has been paid in full.
 8    (b)  In lieu of giving notice as provided by subsection (a), a city may
 9  give notice as provided by this subsection. Each year The governing body
10  shall adopt an ordinance which states its weed removal policy and noti-
11  fication procedure. Such procedure shall provide for a minimum one-
12  time yearly written notification by registered mail or personal service to
13  the owner, occupant or agent. Such notice shall include the same infor-
14  mation required by subsection (a). In addition, such notice shall include
15  a statement that no further notice shall be given prior to removal of
16  weeds.
17    If there is a change in the record owner of title to property subsequent
18  to the giving of notice pursuant to this subsection, the city may not recover
19  any costs or levy an assessment for the costs incurred by the cutting or
20  destruction of weeds on such property unless the new record owner of
21  title to such property is provided notice as required by this section.
22    Sec. 2.  [K.S.A. 13-2903 and] K.S.A. 1996 Supp. 12-1617f is hereby
23  repealed.
24    Sec. 3.  This act shall take effect and be in force from and after its
25  publication in the statute book.