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Ordinances regulate property maintanence


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By Kristey Williams
Augusta Gazette

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Augusta, Kan. -

Greetings Augusta!

As spring gives way to summer, we are faced with the on-going task of maintaining our properties – mowing, clipping, cleaning, and all the other bonuses that comes with the greening landscape.

Each summer, questions arise concerning ‘who is responsible for what – the City or the homeowner’ and what City ordinances regulate how we maintain our personal property.

Let’s talk grass first. Grass must be mowed and not exceed a 10” height. When repeated failures to maintain grass have been identified by City staff, the Parks Department will mow the property and bill the owner.

Now on to trees. Trees must be maintained by the abutting property owner and should provide an 8’ clearance over walkways and 14’ clearance over streets and alleys according to Section 4-1015 of the Landscaping and Urban Forestry Code and Ordinance 1877. Removal of all tree limbs is the responsibility of the homeowner and our sanitary collection workers cannot pick up limbs. Limbs and clippings may be taken to the City compost site on Wednesdays from noon to 7 p.m. or Saturdays from 9 to 5 p.m. When planting trees, remember to plant only within your property line and not within the public right-of-way. In some developments, the distance from the street may be 7 feet and in other areas, 14 feet. City code does not allow the planting of trees in between streets and sidewalks.

With spring/summer cleanups underway, remember that the City will not pick up furniture, mattresses or used appliances. The Butler County landfill is the closest option for those items that cannot be re-sold or given to charity.

What is the public right-of-way (ROW)? ROW is the area the City owns from the back of the street curb to the property line. If there is a sidewalk it is most often from the curb to the edge of the sidewalk closest to the home,’ explains City Inspector Dan Allen. The ROW is not part of the homeowner’s property although the homeowner is required to maintain it. In addition, the homeowner does not pay taxes on this area of land.
ROW should not be confused with easements. ‘Easements are granted by the subdivision developer to allow for drainage or utilities along side or rear property lines.

The easements can be anywhere from 16’ to 50’ and most of the time it is split down the property line between each land owner with ½ of the easement on their side of the line,’ Allen elaborates. Permanent building structures are not permitted on these easements. You may install a fence; however, it should have removable panels for access. If the fence needs to be removed for utility repair, it is not the City’s responsibility to reinstall the fence.

Another area citizens have questions regarding: alleys. The City is responsible for the street maintenance of the alleys; however, the abutting property owners are responsible for maintenance and cleanliness around the alley (which includes clearing debris and trimming landscape).

As the summer months move forward, many of us will be planting, trimming, and continuing with our landscaping routines. If you have any questions about what requires a City permit or what City codes apply to you as a homeowner, please do not hesitate to drop by the City Inspection Department located on the first floor of City Hall, 113 E. 6th Avenue. Dan Allen or staff will be happy to assist you. Together, one property at a time, we are making Augusta a great place to live!

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