Ch. 186             1997 Session Laws of Kansas             1521

An Act concerning cities; relating to the removal or destruction of weeds; relating to the
assessment and collection of costs thereof; amending K.S.A. 1996 Supp. 12-1617f and
repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1996 Supp. 12-1617f is hereby amended to read as
follows: 12-1617f. (a) The governing body of any city is hereby authorized
to provide for and require the cutting or destruction of all noxious weeds
on lots or pieces of land within the city. Except as provided by subsection
(b), the city clerk shall issue a notice to the owner, occupant or agent by
restricted mail or by personal service to cut or destroy such noxious
weeds. The notice shall state that before the expiration of the waiting
period provided herein the recipient thereof may request a hearing before
the governing body or its designated representative. If the occupant,
owner or agent fails to request a hearing or refuses to cut or remove such
noxious weeds, after five days' notice by the city clerk, or in cases where
the owner is unknown or is a nonresident, and there is no resident agent,
10 days after notice has been published by the city clerk in the official
city paper, the city shall cut or destroy such weeds and shall keep an

1522             1997 Session Laws of Kansas             Ch. 186

account of the cost of same and report to the city clerk. Except as provided
by subsection (b), the city shall give notice to the owner, occupant or
agent by restricted mail of the total cost of such cutting or removal in-
curred by the city. The city also may recover the cost of providing notice,
including postage, required by this section. Such notice also shall state
that payment of such cost is due and payable within 30 days following
receipt of such notice. If the cost of such removal or abatement is not
paid within the thirty-day period, the city may levy a special assessment
for such cost against the lot or piece of land in the same manner as
provided in K.S.A. 12-1617e, and amendments thereto, or the city may
collect the cost in the manner provided by K.S.A. 12-1,115, and amend-
ments thereto. The city may pursue collection both by levying a special
assessment and in the manner provided by K.S.A. 12-1,115, and amend-
ments thereto, but only until the full cost and any applicable interest has
been paid in full.

(b) In lieu of giving notice as provided by subsection (a), a city may
give notice as provided by this subsection. Each year The governing body
shall adopt an ordinance which states its weed removal policy and noti-
fication procedure. Such procedure shall provide for a minimum one-
time yearly written notification by mail or personal service to the owner,
occupant or agent. Such notice shall include the same information re-
quired by subsection (a). In addition, such notice shall include a statement
that no further notice shall be given prior to removal of weeds.

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.

Sec. 2. K.S.A. 1996 Supp. 12-1617f is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 15, 1997.