Title 7 - Health and Sanitation

7.20 Weeds

7.20.140 Public Officer; Notice of Violation; Hearing.

  1. A.
    The City Manager shall designate a public officer(s) to administer and enforce this Chapter. If it is determined that a violation of this Chapter exists, the public officer shall file a written report with the City, and shall direct that a notice of violation be sent to the Owner, Occupant or Agent of the property; provided, however, if a violation was previously issued within the same calendar year of the violation, no further notice is required prior to any abatement action by the City.
  2. B.
    The notice of violation shall be sent by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the Owner is a nonresident, such notice shall be sent by certified mail, return receipt requested, to the last known address of the Owner. In cases where the Owner is unknown or is a nonresident, and there is no resident agent, then the City Clerk shall publish the notice of the violation in the official City newspaper.
  3. C.

    The notice of violation shall state:

    1. A common or legal description of the property where the violation exists;

    2. That the property is in violation of the Weed and Vegetation Enforcement Act;

    3. A description of the violation that would reasonably allow the Owner, Occupant or Agent to determine the nature of the violation to allow for self-abatement;

    4. That the violation must be abated by the Owner, Occupant or Agent within ten (10)​​​​​​​ days from the date of the mailing of the notice of violation; or within ten (10) days of publication if publication was deemed necessary;

    5. That, prior to the expiration of the notice period, the Owner, Occupant or Agent may request in writing a hearing before the hearing officer;

    6. That the failure to comply with the notice of violation shall result in the City abating the violation, with the assessment of costs of abatement​​​​​​​ (including a reasonable administrative fee and the cost of all notice) made against the property and the Owner, Occupant or Agent;

    7. That payment of the assessment of costs is due and payable within thirty (30) days of the notice of assessment, or the assessment will be added to the property tax as a special assessment, as provided for by K.S.A. 12-1617e, as may be amended. And further, the City may also pursue collection by seeking a personal judgment against the Owner, Occupant or Agent in Johnson County District Court, as provided for by K.S.A. 12-1,115, as may be amended;

    8. That no further notice is required to be given by the City prior to the abatement of any additional violations on the property for one (1) year from the date of the notice of violation, and that any additional costs will be assessed in the same manner.

    9. That separate from and independent of any abatement of the violation by the City, such violations are also subject to prosecution in the Overland Park Municipal Court.

  4. D.
    If the recipient of the notice of violation makes a written request for a ​​​​​​​hearing within the notice period, the City shall schedule a hearing during a regular business day within ten (10) calendar days from the receipt of the request. The hearing shall be conducted by a designated hearing officer who is not a subordinate of the public officer who issued the notice of violation or conducted the investigation. The hearing officer shall receive evidence, review the investigation, and prepare a written order. The order shall be sent to all relevant parties within ten (10) days of the hearing, unless otherwise stated at the hearing, and prior to the City taking any action to abate the violation. The order shall state the relevant facts and the specific code provisions relied upon, and any other stipulations, methods of abatement, or orders as deemed necessary by the hearing officer.
  5. E.
    If the public officer determines that a violation of this Chapter exists, the public officer may issue a Notice to Appear in Municipal Court for such violation. Such prosecution shall be separate and independent of any abatement action, and no other procedures are required as a prerequisite to the issuance of a Notice to Appear.

(History: Ord. NU-3437 §4, 2023; ​​​​​​​Ord. NU-2939 §5, 2011; NU-2042 § 1, 97; NU-2033 § 1, 97; NU-1376 §1, 86)

Effective on: 1/1/1901