12-3204: Treatment or removal of shrubbery, trees and materials in
cities; payment of costs; notice.
Whenever any competent city authority, or competent state or federal
authority when requested by the governing body of the city, shall file with
the governing body a statement in writing based upon a laboratory test or
other supporting evidence that trees or tree materials or shrubs located
upon private property within such city are infected or infested with or
harbours any tree or plant disease or insect pest or larvae, the
uncontrolled presence of which may constitute a hazard to or result in the
damage or destruction of other trees or shrubs in the community, describing
the same and where located, said governing body shall direct the city clerk
to forthwith issue notice requiring the owner or agent of the owner of the
premises to treat or remove any such designated tree, tree material or
shrub within a time specified in such notice; said notice shall be served
by registered or certified mail or personal service may be made by the city
marshal or other police officer, by delivering a copy thereof to the owner,
or agent of such property. If the property is unoccupied and the owner a
nonresident, then the city clerk shall notify the owner by mailing a copy
of the notice to the owner's last known address by registered or certified
mail.
If the owner or agent shall fail to comply with the requirements of said
notice within the time specified in the notice, then the city forester,
street superintendent or other designated officer shall proceed to have the
designated tree, tree material or shrub treated or removed and report the
cost thereof to the city clerk, and the cost of such treatment or removal
shall be paid by the owner of the property or shall be assessed and charged
against the lot or parcel of ground on which the tree, tree material or
shrub was located. The city clerk shall at the time of certifying other
city taxes to the county clerk, certify the unpaid costs and the county
clerk shall extend the same on the tax roll of the county against said lot
or parcel of ground. The cost of such work shall, except as hereinafter
provided, be paid from the general fund or other proper fund of the city or
from moneys derived from the levy authorized by K.S.A. 12-3203 and such
fund shall be reimbursed when payments therefor are received or when such
assessments are collected and received by the city.
History: L. 1961, ch. 72, § 4; L. 1974, ch. 67, §
1; July 1.
12-3205: Same; preventive measures or treatment by city, when; costs.
The governing body of any city, when it appears that there is or is
likely to be a general infection or infestation of the trees or shrubs
within the city by tree or plant disease or insect pest or larvae resulting
in damage to or the death of many trees or shrubs, may provide such
preventive measures or treatment as may be necessary and may pay the cost
from the general fund or other proper fund or from moneys derived from the
levy provided in K.S.A. 12-3203 by the issuance of warrants as
hereinafter provided.
History: L. 1961, ch. 72, § 5; April 12.
12-3206: Same; no-fund warrants, when; tax levies.
The governing body of any city, in the exercise of the power and
authority herein granted for the purposes of carrying out the provisions of
K.S.A. 12-3204 and 12-3205, from and after the effective date of this act
and prior to the time that moneys may be available from the levy authorized
by K.S.A. 12-3203, may issue no-fund warrants in an amount not to
exceed the total amount such city could levy in one year under the
provisions of K.S.A. 12-3203.
Whenever no-fund warrants are issued under the authority of this act the
governing body of such city shall make a tax levy at the first tax levying
period for the purpose of paying such warrants and the interest thereon.
All such tax levies shall be in addition to all other levies authorized or
limited by law and shall not be subject to the aggregate tax levy
prescribed in article 19 of chapter 79 of the Kansas Statutes Annotated,
and amendments thereto. Such warrants shall be issued, registered, redeemed
and bear interest in the manner and in the form prescribed by K.S.A.
79-2940, except they shall not bear the
notation required by said section and may be issued without the approval of
the state board of tax appeals.
History: L. 1961, ch. 72, § 6; April 12.
12-3207: Same; title to and property in growing trees and shrubs in
abutting owners; damage actions; injunctions.
The owners of property abutting upon streets, avenues and boulevards in
cities shall have such title to and property in growing trees, shrubbery
and the parking situated in front of such real estate between the curb line
and the property line as to enable the owners, in case of injury to or
destruction of such trees, shrubbery and parking, to recover from the
person, company or corporation causing said injury or destruction the full
damages which the abutting property in front of which they are situated may
sustain by reason thereof, and such abutting property owner shall also have
the right of action in any court of competent jurisdiction to enjoin injury
to or destruction of such trees, shrubbery and parking, except that no
recovery or injunction shall be had against the city in the making of
public improvements or in any other reasonable exercise of its authority
over such streets, alleys, avenues or boulevards or over the trees and
shrubbery located thereon.
History: L. 1961, ch. 72, § 7; April 12.