12-3201. The governing body of any city is hereby authorized to regulate, by ordinance, the planting, maintenance, treatment and removal of trees and shrubbery upon all streets, alleys, avenues, boulevards and public rights-of-way within such city. Upon the failure of the owner of property abutting streets, alleys, avenues, boulevards and public rights-of-way to comply with such regulations, and after reasonable notice the city may trim and maintain or, where necessary, remove such trees and shrubbery and assess the costs of such work against the abutting property as a special assessment.
History: L. 1961, ch. 72, § 1; L. 1984, ch. 77, § 1; July 1.
Law Review and Bar Journal References:
Special assessment discussed in law of real property and future interests, James K. Logan and N. William Hines, Jr., 10 K.L.R. 278 (1961).
Attorney General's Opinions:
Utility easement is not a public right-of-way. 2003-28.
CASE ANNOTATIONS
1. K.S.A. 75-6104(j) precludes recovery by individual for damages caused by governmental employee acting within scope of employment in failing to make adequate inspection of tree. Siple v. City of Topeka, 235 Kan. 167, 171, 172, 679 P.2d 190 (1984).