§ 8-539. Notice requirements.

(a)

The notice of abatement shall state:

(1)

A common and/or legal description of the property upon which the violation exists;

(2)

That the property is in violation of the provisions of this article;

(3)

A description of the nature of the violation that would reasonably allow the property owner or other responsible person, representative or tenant to determine the nature of the violation to allow for self-abatement;

(4)

That the person in charge of the property shall have ten days from the date which notice is mailed, personally served, or published to either eradicate the excessive growth of vegetation or request a hearing before the public officer or his designated representative. Notice may be published by the unified government in the official unified government paper when the owner is unknown or is a nonresident and there is no resident agent;

(5)

That, upon written request prior to the expiration of the notice period, the property owner, representative, tenant or other responsible person may request a hearing before a designated hearing officer of the unified government;

(6)

That if the occupant, owner or agent fails to request a hearing or refuses to cut or remove such weeds after five days' notice by the unified government clerk or, in cases where the owner is unknown or is a nonresident and there is no resident agent, ten days after notice has been published by the unified government clerk in the official unified government paper, then the unified government or its authorized agent will remove the excessive growth of vegetation by reasonable means and assess the costs of removal, including reasonable administrative costs, against said person. Notice of the total costs for such abatement shall be provided to the owner, occupant or agent by regular mail, certified mail with return receipt requested, or personal service;

(7)

That if the assessed costs of removal, including administrative costs and costs of providing notice, are not paid within 30 days of the date when the assessment comes due, the costs will be added to the property tax as a special assessment;

(8)

That if any special assessments levied by the unified government in accordance with this article remain unpaid for a period of one year or more after their initial levy, the unified government may collect the amount due in the same manner as a personal debt of the property owner to the unified government by bringing an action in the county district court. Such actions may be maintained, prosecuted and all proceedings taken, including any award of post-judgment interest, in accordance with K.S.A. 16-204 to the same effect and extent as for the enforcement of an action for debt. All provisional remedies available in such actions shall be available to the unified government in the enforcement of the payment of such obligations. In such actions the unified government also shall be entitled to recover interest at the rate provided in K.S.A. 79-2968 from and after the date a delinquency occurs in the payment of special assessments levied under this article. The unified government may pursue collection both by levying a special assessment and in the manner provided by this section, but only until the full cost and any applicable interest has been paid in full;

(9)

That violation of any provision of this article shall be deemed a misdemeanor and punishable by a fine of not less than $100.00 nor more than $1,500.00. Each day any violation of this article continues shall constitute a separate offense punishable as a misdemeanor;

(10)

That prosecution of any offender under this section does not limit the unified government's right to abate any excessive growth as defined under this article or to additionally recover any costs incident to the abatement process, including reasonable administrative costs; and

(11)

That the public officer should be contacted if there are any questions regarding the notice.

(b)

A one-time yearly written notification may be provided by mail or personal service to the owner, occupant or agent of any property for which a notice of abatement has been issued in the preceding 12 months. Such notice shall include a statement that no further notice shall be given prior to removal of excessive growth.

(Code 1988, § 8-579; Ord. No. 65619, § 10, 4-19-1991; Ord. No. 65794, § 2, 4-1-1993; Ord. No. O-5-19 , § 1, 2-14-2019)