LOCAL

#TopCity What? Who's responsible for mowing right-of-ways?

Phil Anderson
panderson@cjonline.com

Despite what has been a hot, dry summer, some areas of Topeka have been plagued by high grass and tall weeds, just as in years past.

Richard Wike, of Topeka, submitted a question regarding penalties for tall grass or weeds on public property to The Capital-Journal through the newspaper's #TopCity What? online survey.

In particular, Wike wanted clarification on a piece of land with tall weeds on the west edge of Topeka.

"To my understanding, the city is responsible to mow the right-of-way along the streets that are not connected to someone's yard," Wike said. "The section of S.W. Huntoon hasn't been mowed this year starting in May until now — this section is from Arvonia to Urish. This same section was only mowed once last year. Calls to the department last year got no results, making it a waste of time. The weeds get 2- to 3-feet high."

This past week, The Topeka Capital-Journal visited the area to what Wike was referring to and found some grass and weeds between 18 to 24 inches tall on both the north and south sides of S.W. Huntoon, just east of Urish Road. While vehicles can drive on S.W. Huntoon at that location, the street is closed to through-traffic this summer while a construction project is taking place farther to the east, near S.W. Arvonia

According to the city of Topeka's website, the area just north of S.W. Huntoon and east of Urish Road is in the city limit. However, the area to the south of S.W. Huntoon isn't in the city limit between an area bounded roughly by Urish Road to the west and just west of S.W. Arbor Valley Drive to the east.

Here, then, is Wike's question:

"Who holds the city responsible for mowing grass on the right-of-way for streets? Do they have to pay a fine for not mowing?"

The Capital-Journal referred the question to city officials. Following is the answer from the city's property maintenance department, as provided by city spokeswoman Molly Hadfield.

Grass and weeds over 12 inches tall is a violation. A single weed or a few in a city right-of-way or on private property wouldn’t initiate action.

Usually, a city department is responsible for mowing, but it depends on the right-of-way. The street department takes care of a majority of city rights-of-way, but water pollution control has some and Shawnee County is responsible for a few, as well as the Kansas Department of Transportation in some areas.

When the property maintenance division becomes aware of an issue, the appropriate department is notified. City departments don’t get fined for violations as it would be a redundant action.

Sometimes the departments are quick to respond, and other times it takes a bit longer. However, 12 inches is the limit before it is a violation.

On Monday, Mike Haugen, the city's property maintenance manager, provided additional information regarding the specific area along S.W. Huntoon between Urish and Arvonia.

"The area of Huntoon between Arvonia and Urish is the responsibility of the property owners whose property runs along Huntoon," Haugen said. "The city does not maintain the easement area. The property maintenance unit does not normally cite undeveloped or agriculture land unless we identify a safety concern.

"The city has identified areas they are responsible for, and these areas are maintained by various departments including street, water pollution control and even Shawnee County Parks and Recreation. The majority of easements and land are the responsibility of the property owner.

"Easements are the responsibility of the adjacent property owner to maintain. Easement size varies throughout the city. Some easements are rather small — 3- to 4-feet — while others can be 15 feet or more. 

"There are a few exceptions where the easements are maintained by the city, but the majority of all easements are the responsibility of the adjacent property owner."

Haugen added that the ditch area of S.W. Huntoon between Arvonia and Urish is maintained by the city, with a portion of it maintained by the county. Currently, the boom mower the city uses is in for repair, he said.

"Once the boom mower is working," Haugen said, "this section will be back on the list."

City Councilman Michael Lesser, who represents District 9 in west Topeka where the section of S.W. Huntoon between Urish and Arvonia is located, said Monday that he tries to work with property owners when grass, weeds or other vegetation become a problem.

Lesser said he sometimes gets calls from constituents who report property that isn't meeting city code. He said he then addresses the concerns.

He said he takes a drive around his district nearly every Saturday and Sunday to see if there are any concerns regarding property or streets.

Recently, he said, he noticed tall weeds growing near the former Kansas Buffet Co. location at S.W. Huntoon and Wanamaker. The grass, he said, had grown to around 4- to 5-feet tall.

Rather than reporting the problem initially to the city, Lesser said he got in touch with the property manager, who was in Dallas, and explained the situation. The property manager, Lesser said, didn't know anything about the grass. Lesser said he gave the property manager a week to have it mowed, or else he would forward the case to the city's neighborhood relations department, which handles code compliance issues.

"I try to reach out to the people before using the resources of the city, who have a lot of things going on," Lesser said. "I reached out to them and they said, 'Hey, we apologize. We weren't aware that it hadn't been mowed. We'll get on it.'

"Well, they didn't get on it right away. So I called them back and told them, 'You've got 24 hours to get it done.' So then it got done."

Another example that Lesser addressed recently had to do with the condition of planters in the parking lot near the movie theater in the River Hill development, just west of S.W. 6th Avenue and Wanamaker.

Lesser said all that remained on some portions of the landscaping was fabric, and that a variety of different trees in the parking lot planters were dead, noting that "they looked like trees from the Peanuts cartoon."

Lesser said he then reached out to city planning director Bill Fiander to see if there were any requirements for landscaping when River Hill developers got permits for their project.

"In fact, there were," Lesser said. "So Bill sent notifications to owners of that property in North Carolina."

As a result, the owners have had landscaping work completed in recent weeks, with more slated once cooler weather arrives.

"They've been out there and mulched," Lesser said. "They'll do about $30,000 in landscaping to meet the requirements when the permits were issued.

"The mulch is done, but they haven't planted the trees yet. We agree with them that the heat in July isn't the time to plant trees and shrubs."

But the developers do have a contract with landscapers, he said, "so they're going to replace the trees."

Lesser said the two recent cases he mentioned were examples of how he tries to handle complaints. He said he prefers to get in touch with individual property owners to see if there are extenuating circumstances about why grass, weeds or vegetation are getting out of hand. He said he prefers to give the property owners a chance to remedy the situation.

"We just want it done," Lesser said. "If we can avoid fining people and ticketing people, that's the best way to do it."

But if the problem isn't resolved and fines are necessary, he said, "you have to go that route."

Here is a short video filmed about two months ago on tall grass and city code compliance: https://www.facebook.com/cityoftopeka/videos/10156209246766236/

If you have questions you'd like answered about Topeka, submit them at www.cjonline.com/topcity-what.