Title 7 - Health and Sanitation

7.20.100 Title.

Overland Park Municipal Code Sections 7.20.100 through 7.20.200, inclusive shall be known as the Weed and Vegetation Enforcement Act.

(History: Ord. NU-2939 §1, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.110 Purpose, Objectives, and Findings.

1. A.
   The purpose of the Weed and Vegetation Enforcement Act is to:

   1. 1.
      Prohibit the growth of Noxious Weeds, Uncontrolled growth of Invasive Species, and encourage the preservation, planting, and maintenance of Native Plants;  
   2. 2.
      Require reasonable Control and action to:

      1. a.
         Prevent the Excessive Growth of Vegetation;
      2. b.
         Eradicate Noxious Weeds;
      3. c.
         Eradicate Poisonous Plants to the Touch; and
      4. d.
         Prevent the growth of Invasive Plants that are not properly Controlled.
   3. 3.
      Provide a method of enforcement of violations of this Chapter;
   4. 4.
      Provide procedures to notify the Owner, Occupant or Agent of the property that a violation of this Chapter exists and to allow for self-abatement by such Persons;
   5. 5.
      Provide the Owner, Occupant or Agent an opportunity to be heard concerning violations of this Chapter;
   6. 6.
      Provide procedures to allow the City to abate the violation should the Owner, Occupant or Agent fail to timely act;
   7. 7.
      Provide a method of assessing or collecting costs for such abatement by the City; and
   8. 8.
      Establish that violations of this Chapter are unlawful and to provide penalties for enforcement through the Municipal Court system.
2. B.
   The objectives of the Weed and Vegetation Enforcement Act are to:

   1. 1.
      To enhance the City's environmental health by promoting plants that are native to the region; 
   2. 2.
      To protect the City’s environmental health by prohibiting plants that are likely to cause environmental harm or harm to human health;
   3. 3.
      To require control and action to prevent the Excessive Growth of Vegetation, eradicate Noxious Weeds, and Poisonous Plants to the Touch, and prevent the spread of Invasive Plants.
3. C.
   The Governing Body hereby finds that:

   1. 1.
      Excessive Growth of Vegetation;
   2. 2.
      Noxious Weeds;
   3. 3.
      Poisonous Plants to the Touch; and
   4. 4.
      The growth of Invasive Plants are all a public nuisance that degrade natural and maintained landscape areas, displace native plant species, increase erosion, destroy wildlife habitat, and/or adversely affect public health, safety or welfare; and that allowing them to proliferate creates short- and long-term impacts on the area including the diminution of property values and the integrity of the neighborhood; and interferes with the orderly development and use of property in the City.

(History: Ord. NU-3437 §1, 2023; Ord. NU-2939 §2, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.120 Definitions.

For the purposes of this Chapter, the following definitions shall apply:

7.20.130 Violations; Responsibility to Abate.

1. A.
   It shall be unlawful for any Owner, Occupant or Agent of property to allow on said property any:

   1. Excessive Growth of Vegetation;

   2. Noxious Weeds;

   3. Poisonous Plants to the Touch; or

   4. Invasive Plants that are not properly Controlled.

   Such prohibition shall include any areas between the property lines of said property and the center line of any adjacent street or alley, including, but not specifically limited to, sidewalks, streets, alleys, easements and rights-of-way. Any violation of this Section is hereby declared a nuisance, and is subject to abatement and prosecution as hereinafter provided.

2. B.
   The Owner, Occupant or Agent shall be responsible for the abatement of any violation of this Section. Further, it is the responsibility of the Owner, Occupant or Agent to clearly mark, stake out, or otherwise distinguish between trees, bushes, shrubs, flowers, and ornamental or garden plants, or any Controlled Invasive Plants, as compared to any Excessive Growth of Vegetation, any Noxious Weeds, any Poisonous Plants to the Touch, or any uncontrolled growth of Invasive Plants in the surrounding area.
3. C.
   Vegetation which constitutes one of the following shall not be deemed a violation under A.1. of this Section:

   1. 1.
      Planned Sustainable Landscape,
   2. 2.
      Controlled ornamental or food producing garden;
       

Provided such vegetation does not encroach on adjacent property.

(History: Ord. NU-2939 §4, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

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

7.20.150 Abatement by City; Notice of Costs; Assessment and Collection.

1. A.
   If the Owner, Occupant or Agent fails to request a hearing and or fails to self-abate the violation within the notice period, the City may ​​​​​​​enter​​​​​​​ onto the property to abate the violation in a reasonable manner. The City shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property, or for damages to property in the reasonable exercise of its duty to abate the violation. The City may use its own employees or contract for services to abate the violation. Any authorized officer or agent of the City may relocate or remove any trash, debris, limbs or brush, building materials or other such items if such relocation or removal is reasonably necessary to abate the violation.
2. B.
   If the City abates the violation, it shall provide a notice of costs to the Owner, Occupant or Agent by certified mail, return receipt requested, at the last known mailing address. If the property is vacant or unoccupied, the notice of costs shall also be posted on the property in a reasonable manner. The notice of costs shall state:

   1. The common or legal description of the property, or both;

   2. The nature of the violation, including relevant ordinances;

   3. The nature of the work performed to abate the violation;

   4. The costs incurred for the abatement of the violations in either a lump sum or in itemized form;

   5. That the notice is a demand for payment within thirty (30) days from the date of the notice;

   6. That failure to pay the entire amount within thirty (30) days shall allow the City to file a tax lien against the property or to pursue litigation for the recovery of the costs, or both;

   7. That such additional remedies to recover costs shall include additional amounts including additional administrative costs, attorneys' fees when applicable, and interest; and

   8. That payments shall be made by check or money order made payable to the City, with no post-dating of the check, and sent to the address stated within the notice, with a written indication of the purpose for the payment and the address of the property where the violations occurred. Partial payments will not be accepted and shall be considered as non-payments.

3. C.
   If the payment of costs is not made within the thirty (30) day period, the City may file an affidavit of pending action with the Johnson County, Kansas Department of Records and Tax Administration with respect to the aforesaid costs. In addition, the City Clerk shall certify the aforesaid costs at the time of certifying other City taxes to the County Clerk, and the County Clerk shall extend the same on the tax roll of the County against the property, and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid.

   Provided further, the City may collect the costs in the manner provided at K.S.A. 12-1,115, as may be amended, by bringing an action in the appropriate court as a personal debt.

   The City may pursue both assessment and collection at the same time until the full cost, including applicable interests, court costs, attorneys’ fees, and administrative costs have been paid in full (Ref. K.S.A. 12-1617f, as may be amended).

(History: Ord. NU-3437 §5, 2023; ​​​​​​​Ord. NU-2939 §6, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.160 Reserved.

 Reserved. 

(History: Ord. NU-3437 §6, 2023; Ord. NU-2939 §7, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.170 Right of Entry; Unlawful Interference.

1. A.
   Any authorized officer or agent of the City, pursuant to this Chapter, shall be allowed to enter onto any property within the City limits to investigate violations of this Chapter or for the abatement of violations pursuant to this Chapter.
2. B.
   It shall be unlawful for any Person to interfere with a public officer or agent of the City in performing his or her duties pursuant to this Chapter whether investigating or abating violations.
3. C.
   Any Person who interferes with an officer or agent of the City pursuant to this Chapter shall be punished as provided in Section 1.12.010 of this Code.

(History: Ord. NU-2939 §8, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.180 Penalty.

1. A.
   Any Owner, Occupant or Agent in violation of this Chapter shall be subject to prosecution in the Overland Park Municipal Court. Any Person found guilty of violating the provisions of this Chapter shall be subject to a fine up to $500.00 and not more than ten (10) days in jail, or both a fine and jail sentence. Any Person found guilty of this Chapter two (2) or more times within any one-year period​​​​​​​ shall be fined not less than $250.00 nor more than $500.00 and shall be subject to a sentence not to exceed ten (10) days in jail, or both a fine and a jail sentence.
2. B.
   Prosecution of any offender under this Chapter does not limit the City’s right to pursue assessment or collection of costs as stated in this Chapter, or by other laws.
3. C.
   Each day that any violation of this Chapter shall continue shall constitute a separate offense.

(History: Ord. NU-3437 §7, 2023; ​​​​​​​Ord. NU-2939 §9, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.190 Exceptions.

This Chapter shall not be made applicable to:

1. A.
   Land zoned where agricultural uses are a permitted use if such tract is one (1) contiguous tract, not intersected by any public roadway and is greater than twenty (20) acres if undeveloped and contiguous to other such undeveloped tracts where the total acreage of all undeveloped tracts exceeds twenty (20) acres;
2. B.
   Undeveloped tracts of land zoned where agricultural uses are not a permitted use if such tract is one (1) contiguous tract, not intersected by any public roadways and is greater than twenty (20) acres;
3. C.
   For the tracts of land identified in subsections A and B:

   1. 1.
      Such tracts shall not allow any Excessive Growth of Vegetation and/or growth of agricultural crops within thirty (30) feet of the edge of the street or curb adjacent to any other roadway or the property line of any property being used for residential or commercial purposes. 
   2. 2.
      For tracts zoned other than for agricultural uses, where the City determines that any Excessive Growth of Vegetation creates or enhances an identifiable health or safety problem, the procedures shall be followed as provided in this Chapter for the abatement of such Excessive Growth of Vegetation.
4. D.
   Public parks, public golf courses, public natural preservation areas, public open space, public wildlife preservation areas, designated stream corridor areas, inaccessible public creek areas, and stormwater treatment facilities utilizing native vegetation as required by Chapter 16.210 of this Code (as may be amended); provided, however, where the City determines that any Excessive Growth of Vegetation in such areas creates or enhances an identifiable health or safety problem, the City shall take such action as it deems necessary to mitigate such problem, consistent with the public interest in maintaining and protecting such areas.
5. E.
   Planned Sustainable Landscape areas that meet the following criteria: 

   1. 1.
      The owner is responsible for ensuring that all landscape material in a Planned Sustainable Landscape is maintained in a healthy condition and managed so as not to include unintended vegetation. 
   2. 2.
      The Planned Sustainable Landscape cannot contain Invasive Plants which are not Controlled, turf grass, or any Noxious Weeds.
   3. 3.
      The landscape boundaries are clearly defined through edging or containment and no vegetation is encroaching onto a neighboring property.
   4. 4.
      The Planned Sustainable Landscape meets the following setback requirements:

      1. a.
         Three feet from side and/or rear lot lines running the length of the property
      2. b.
         No setback is required on side or rear lot lines where the defined landscape area abuts another similar private or public landscape area, or if a solid fence at least four feet in height is installed along the lot line adjoining the planned landscape​​​​​​​ 
6. F.
   Any tract or combination of tracts as determined by the Director of Planning and Development Services, or his or her designee, to meet the intent of the exceptions identified in subsections A-D.

(History: Ord. NU-3437 §8, 2023; ​​​​​​​Ord. NU-2939 §10, 2011; NU-2667 § 1, 2008; NU-2389 § 1, 2002; NU-1905 § 1, 94; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.200 Severability.

If any section, subsection, paragraph, sentence, clause or phrase in this Chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof.

(History: Ord. NU-2939 §11, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.210 Title; Definitions; Applicability of Other Provisions. (Expired)

Expired.

(History: Ord. NU-1974 §1, 96; NU-1922 §1, 95; NU-1850 §1, 94; NU-1781 §1, 93)

Effective on: 1/1/1901

7.20.220 Excessive Growth Unlawful; Responsibility to Abate. (Expired)

Expired.

(History: Ord. NU-1974 §2, 96; NU-1922 §2, 95; NU-1850 §2, 94; NU-1781 §2, 93)

Effective on: 1/1/1901

7.20.230 Notice. (Expired)

Expired.

(History: Ord. NU-1974 §3, 96; NU-1922 §3, 95; NU-1850 §3, 94; NU-1781 §3, 93)

Effective on: 1/1/1901

7.20.240 Notice of Abatement; Hearing; Designated Officer. (Expired)

Expired.

(History: Ord. NU-1974 §4, 96; NU-1922 §4, 95; NU-1850 §4, 94; NU-1781 §4, 93)

Effective on: 1/1/1901

7.20.250 Abatement; Assessment of Costs. (Expired)

Expired.

(History: Ord. NU-1974 §5, 96; NU-1922 §5, 95; NU-1850 §5, 94; NU-1781 §5, 93)

Effective on: 1/1/1901

7.20.260 Expiration Date. (Expired)

Expired.

(History: Ord. NU-1974 §6, 96; NU-1922 §6, 95; NU-1850 §6, 94; NU-1781 §6, 93)

Effective on: 1/1/1901