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The notice to abate shall state:

(A) A common and/or legal description of the property upon which the violation exists;

(B) That the property is in violation of the provisions of this chapter;

(C) A description of the nature of the violation that would reasonably allow the property owner or other responsible person to determine the nature of the violation to allow for self-abatement;

(D) That the person in charge of the property shall have five (5) days from the date of the mailing of the notice, or in cases where the owner is unknown and the property is vacant, ten (10) days after notice has been published by the city in the official city paper to either eradicate the excessive growth of vegetation or request a hearing before the city’s designated representative on the matter;

(E) That upon written request received prior to the expiration of the notice period, the property owner or other responsible person may request a hearing before a designated hearing officer of the city;

(F) That if the property owner or other responsible party fails to correct the violation or request a hearing within five (5) days of the mailing of notice or ten (10) days in the case of notice by publication, the city or its authorized agent will remove the excessive growth of vegetation by reasonable means and assess the costs of removal, including reasonable administrative costs, against such person. Notice of the total cost of such abatement shall be provided to the property owner or other responsible party by certified mail, return receipt requested, or personal service;

(G) That if the assessed costs of removal, including administrative costs, are not paid within thirty (30) days of the date when the assessment comes due, the costs will be added to the property tax as a special assessment;

(H) That if any special assessments levied by the city in accordance with this chapter remain unpaid for a period of one year or more after their initial levy, the city may collect the amount due in the same manner as a personal debt of the property owner to the city by bringing an action in the Johnson County District Court. Such actions may be maintained, prosecuted and all proceedings taken, including any award of post judgment interest, in accordance with K.S.A. 16-204, and amendments thereto, to the same effect and extent as for the enforcement of an action for debt. All provisional remedies available in such actions shall be available to the city in the enforcement of the payment of such obligations. In such actions the city also shall be entitled to recover interest at the rate provided in K.S.A. 79-2968, and amendments thereto, from and after the date a delinquency occurs in the payment of special assessments levied under this chapter. The city may pursue collection both by levying a special assessment and in the manner provided by this section, but only until the full cost and any applicable interest has been paid in full;

(I) That no further notice shall be given prior to removal of any subsequent excessive growth during the calendar year

(J) That the public officer shall be contacted if there are any questions regarding the notice to abate or notice of costs;

(K) 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 the costs or levy an assessment for the costs incurred by the cutting or destruction of the excessive growth on such property unless the new record owner of title to such property is provided notice as required by this section;

(L) Prosecution of any offender under this section does not limit the city’s right to abate any excessive growth as defined under this chapter or to additionally recover any costs incident to the abatement process, including reasonable administrative costs. (Ord. 08-109 § 5, 2008; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990.)