Charter Ordinance No. 200
ORDINANCE DECLARING WEEDS OR OTHER RANK VEGETATION A NUISANCE AND SUBJECT TO ABATEMENT
WHEREAS, it is in the interest of the health, safety and welfare of residents and all persons coming within the City of Ramona, Kansas, that the City adopt a nuisance for weeds and rank vegetation and to allow for abatement thereof; and
THEREFORE, be ordained by the governing body of the City of Ramona, Kansas;
Section 1. DEFINITIONS
The following words, terms and phrases, when used in this Article, shall have the same meanings ascribed to them in this section, except for when the context clearly indicates a different meaning:
Public Officer means Code Enforcement Officer (also known as Animal Control Officer).
Weeds means any of the following:
- Brush and woody vines;
- Weeds and indigenous grasses which may attain such large growth as to become, wind dry, a fire menace to adjacent improved property;
- Weeds which bear, or may bear, seeds of downy or wingy nature;
- Weeds which are located in a n area which harbors rats, insects, animals, reptiles or any other creature which may, or does, constitute a menace to health, public safety or welfare;
- Weeds and indigenous grasses on or about residential property, which, because of the height thereof, has a blighting influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed 12 inches in height.
Section2. Nuisance Declared
It shall be unlawful for any owner, agent, lessee, tenant or other person occupying, or having charge or control of, any premises to permit weeds to remain upon the premises or any area between the property lines of the premises. All weeds are hereby declared a nuisance and are subject to abatement as provided in this Ordinance.
Section 3. Administration and Enforcement
- Enforcement. The Code Enforcement Officer is charged with the administration and enforcement of this Article. These officers shall have the authority and power to issue citations to any owner, agent, lessee, tenant or other person occupying, or having charge or control of, any premises which violates any provision of this Ordinance.
- Penalties. Any owner, agent, lessee, tenant or other person cited in violation of this ordinance shall within fourteen (14) days appear before the City Clerk and either pay a fine equal to their respective offense number; or request a setting in front of the Municipal Judge.
- A 1st Offense shall be punishable by a $100.00 fine.
- A 2nd Offense shall be punishable by a $250.00 fine.
- A 3rd Offense and each subsequent offense shall be punishable by a $500.00 fine.
- In addition to penalties, the Court may assess Court Costs on any case it deems appropriate
- Each day of failure to comply with any of the provisions herein provided for and each calendar day during which any violation herein provided for shall continue to exist shall constitute a separate violation.
Section 4. Control and Eradication
Nothing in this Article shall effect or impair the rights of the City under the provisions of K.S.A. Chapter 2, Article 13 (K.S.A. 2-1301 et seq.), relating to the control and eradication of certain noxious weeds as defined in K.S.A. 2-13, 14. This Ordinance shall be in full force and effect from and after its passage and one publication in the Marion County Record, the official city newspaper.
Section 5. Exemption
Any premises within the City Limits of the City of Ramona designated by the Marion County Appraiser as Agricultural is exempt from the provision of this ordinance.
Passed and approved by the governing body of the City of Ramona, Kansas, this 13th day of February, 2017
Signed by Mayor Byron Noeth
Attested by Jessica Gilbert, City Clerk
Approved as to form by Brian L. Bina, City Attorney
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF RAMONA, KANSAS:
Section 1. The City of Ramona, Kansas, by the power invested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A. 15-201, which applies to this city, but is part of an enactment which does not apply uniformly to all cities.
Section 2. The governing body shall consist of a mayor and five council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Ramona, Kansas.
Section 3. Those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office.
Section 4. A general election of members shall take place on the Tuesday succeeding the first Monday in November 2017. The mayor and the first and second highest vote getter for the City Council shall serve an initial three year term. The third, fourth and fifth highest vote getter for the City Council shall serve an initial two year term. Following the initial election term, the mayor and all council members shall serve a two year term. Succeeding elections will be held every year for all such governing body positions whose terms had expired.
Section 5. In accordance with K.S.A. 25-205, and amendments thereto, any person may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by and fee required by law. The nomination petition must be signed by five percent (5%) of the qualified electors of the City of Ramona, Kansas.
Section 6. In case of a vacancy in the council occurring by reason of resignation, death or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within thirty (30) days after election, the council member shall be deemed to have refused to accept the office and vacancy shall exist. The mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.
Section 7. In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.
Section 8. All elections for the City of Ramona, Kansas shall be nonpartisan.
Section 9. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.
Section 10. This Charter Ordinance shall take effect sixty-one (61) days after the final publication unless a sufficient petition for referendum is filed, requiring a referendum to be held on the Charter Ordinance as provided by Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective upon approval by the majority of the electors voting thereon.
Passed by the Governing Body, not less than two thirds of the members elect voting in favor thereof, this 13th day of March, 2017.
CITY OF RAMONA, KANSAS
Byron Noeth, Mayor
Attest: Jessica Gilbert, City Clerk
