As Amended by Senate Committee
Session of 2023
SENATE BILL No. 162
By Committee on Local Government
2-6
AN ACT creating the Riley county unincorporated area nuisance
abatement act and the Crawford county unincorporated area
nuisance abatement act; establishing procedures for the removal and
abatement of nuisances; providing for the assessment of costs of such
abatement.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) The provisions of sections 1 through 6, and
amendments thereto, shall be known and may be cited as the Riley county
unincorporated area nuisance abatement act.
(b) Before any nuisance abatement process shall be commenced
under the Riley county unincorporated area nuisance abatement act, Riley
county first shall have obtained a conviction for a county code violation
resulting from such nuisance within the 12-month period prior to the
issuance of any order as provided in section 2, and amendments thereto.
(c) (1) The board of county commissioners may order the removal or
abatement of any nuisance from any lot or parcel of ground within the
unincorporated area of the county. The board may order the repair or
demolition of any structure or the removal or abatement of any other type
of nuisance.
(2) The order shall provide that all costs associated with the
abatement shall be paid by the owner of the property on which the
nuisance is located.
Sec. 2. (a) Whenever the board of county commissioners or other
agency designated by the board files with the Riley county clerk a
statement in writing describing a nuisance and declaring that such
nuisance is a menace and dangerous to the health of the inhabitants of the
county, the board of county commissioners, by resolution, may make such
determination and issue an order requiring the nuisance be removed or
abated.
(b) Except as provided by subsection (c), the board of county
commissioners shall order the owner of the property to remove and abate
the nuisance within not less than 10 days, to be specified in the order. The
board or its designated representative may grant extensions of the time
period indicated in the order. The order shall state that, before the
expiration of the waiting period or any extension, the recipient may
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request a hearing before the board or its designated representative. The
order shall be served on the owner by personal service in accordance with
K.S.A. 60-303, and amendments thereto.
(c) If the owner of the property has failed to accept delivery or
otherwise failed to effectuate receipt of a notice sent pursuant to this
section during the preceding 24-month period, the board of county
commissioners may provide notice of the issuance of any further orders to
abate or remove a nuisance from the property in the manner provided by
subsection (d) or as provided in this subsection. The board may provide
notice of the order by such methods including, but not limited to, door
hangers conspicuously posting notice of the order on the property, personal
notification, telephone communication or first-class mail. If the property is
unoccupied and the owner is a nonresident, notice provided by this section
shall be given by telephone communication or first-class mail.
(d) If the owner of the property fails to comply with the order for a
period longer than that named in the order or any extensions of such time
period, the board of county commissioners may proceed to order the repair
or demolition of any structure and have the items described in the order
removed and abated from the lot or parcel of ground. If the county abates
or removes the nuisance, the county shall give notice to the owner by
certified mail, return receipt requested, of the total cost of the abatement or
removal incurred by the county. The notice also shall state that payment of
the cost is due and payable within 60 days following the mailing of the
notice.
(e) If the cost of the removal or abatement is not paid within the 60-
day period, the cost shall be assessed and charged against the lot or parcel
of land on which the nuisance was located. If the cost is to be assessed, the
county clerk, at the time of certifying other county taxes, shall certify the
costs, and the county clerk shall extend the cost on the tax roll of the
county against the lot or parcel of land. Such cost shall be collected by the
county treasurer.
(f) In assessing the cost of removal and abatement of a nuisance, the
county shall subtract from the total cost of the abatement or removal
incurred by the county the value of the property removed or abated. If the
value of the property removed or abated is greater than the cost of the
removal or abatement incurred by the county, the county shall pay the
owner the difference. If the value of the property is contested, the property
owner may request a hearing before the board or its designated
representative prior to the 60 days following receipt of notice of costs due
and payable under subsection (d).
(g) All orders and notices shall be served on the owner of record or, if
there is more than one owner of record, then on at least one such owner.
(h) Any decision of the board of county commissioners or its
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designated representative is subject to review in accordance with the
Kansas judicial review act.
Sec. 3. Riley county may remove and abate from property, other than
public property or property open to the use by the public, a motor vehicle
determined to be a nuisance. Disposition of such vehicles shall be in
compliance with the procedures for impoundment, notice and public
auction provided by K.S.A. 8-1102(a)(2), and amendments thereto.
Following any sale by public auction of a vehicle determined to be a
nuisance, the purchaser may file proof with the division of vehicles, and
the division shall issue a certificate of title to the purchaser of the motor
vehicle. If a public auction is conducted but no responsible bid is received,
the county may file proof with the division of vehicles, and the division
shall issue a certificate of title of the motor vehicle to the county. Any
person whose motor vehicle has been disposed of pursuant to this section
shall be eligible for a refund of the tax imposed pursuant to K.S.A. 79-
5101 et seq., and amendments thereto. The amount of the refund shall be
determined in the manner provided by K.S.A. 79-5107, and amendments
thereto.
Sec. 4. The board of county commissioners may adopt a resolution to
establish any policies, procedures, designated body or other related matters
for hearings that property owners or their agents may request pursuant to
the Riley county unincorporated area nuisance abatement act.
Sec. 5. (a) The legislature declares it is the policy of this state to
protect and encourage the production and processing of food and other
agricultural products. As nonagricultural uses of property continue to
move into agricultural and agribusiness areas, normal agricultural and
agribusiness activities can find themselves subjected to public and
private claims of nuisance. Therefore, it is the legislative intent of this
act to protect agricultural and agribusiness activities from nuisance
actions. As such, nothing in the Riley county unincorporated area nuisance
abatement act shall apply to land, structures, machinery and equipment or
motor vehicles used for an agricultural activity or oil and gas exploration
and development activity.
(b) For purposes of this section, the term "agricultural activity" means
the same as defined in K.S.A. 2-3203, and amendments thereto, except
such term shall also include real and personal property, machinery,
equipment, stored grain and agricultural input products owned or
maintained by commercial grain elevators and agribusiness facilities.
Sec. 6. The Riley county unincorporated area nuisance abatement act,
sections 1 through 6, and amendments thereto, shall expire on July 1, 2026
2027.
Sec. 7. (a) The provisions of sections 7 through 12, and
amendments thereto, shall be known and may be cited as the Crawford
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county unincorporated area nuisance abatement act.
(b) Before any nuisance abatement process shall be commenced
under the Crawford county unincorporated area nuisance abatement
act, Crawford county first shall have obtained a conviction for a county
code violation resulting from such nuisance within the 12-month period
prior to the issuance of any order as provided in section 8, and
amendments thereto.
(c) (1) The board of county commissioners may order the removal
or abatement of any nuisance from any lot or parcel of ground within
the unincorporated area of the county. The board may also order the
repair or demolition of any structure or the removal or abatement of any
other type of nuisance.
(2) The order shall provide that all costs associated with the
abatement shall be paid by the owner of the property on which the
nuisance is located.
Sec. 8. (a) Whenever the board of county commissioners or other
agency designated by the board files with the Crawford county clerk a
statement, in writing, describing a nuisance and declaring that such
nuisance is a menace and dangerous to the health of the inhabitants of
the county, the board of county commissioners, by resolution, may make
such determination and issue an order requiring the nuisance be
removed or abated.
(b) Except as provided by subsection (c), the board of county
commissioners shall order the owner of the property to remove and
abate the nuisance within not less than 10 days, to be specified in the
order. The board or its designated representative may grant extensions
of the time period indicated in the order. The order shall state that,
before the expiration of the waiting period or any extension, the
recipient may request a hearing before the board or its designated
representative. The order shall be served on the owner by personal
service in accordance with K.S.A. 60-303, and amendments thereto.
(c) If the owner of the property has failed to accept delivery or
otherwise failed to effectuate receipt of a notice sent pursuant to this
section during the preceding 24-month period, the board of county
commissioners may provide notice of the issuance of any further orders
to abate or remove a nuisance from the property in the manner provided
by subsection (d) or as provided in this subsection. The board may
provide notice of the order by such methods, including, but not limited
to, door hangers conspicuously posting notice of the order on the
property, personal notification, telephone communication or first-class
mail. If the property is unoccupied and the owner is a nonresident,
notice provided by this section shall be given by telephone
communication or first-class mail.
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43 SB 162—Am. by SC 5
(d) If the owner of the property fails to comply with the order for a
period longer than that named in the order or any extensions of such
time period, the board of county commissioners may proceed to order the
repair or demolition of any structure and have the items described in the
order removed and abated from the lot or parcel of ground. If the county
abates or removes the nuisance, the county shall give notice to the
owner, by certified mail, with return receipt requested, of the total cost of
the abatement or removal incurred by the county. The notice also shall
state that payment of the cost is due and payable within 60 days
following the mailing of the notice.
(e) If the cost of the removal or abatement is not paid within the 60-
day period, the cost shall be assessed and charged against the lot or
parcel of land on which the nuisance was located. If the cost is to be
assessed, the county clerk, at the time of certifying other county taxes,
shall certify the costs, and the county clerk shall extend the cost on the
tax roll of the county against the lot or parcel of land. Such cost shall be
collected by the county treasurer.
(f) In assessing the cost of removal and abatement of a nuisance,
the county shall subtract from the total cost of the abatement or removal
incurred by the county the value of the property removed or abated. If
the value of the property removed or abated is greater than the cost of
the removal or abatement incurred by the county, the county shall pay
the owner the difference. If the value of the property is contested, the
property owner may request a hearing before the board or its designated
representative prior to the 60 days following receipt of notice of costs
due and payable under subsection (d).
(g) All orders and notices shall be served on the owner of record or,
if there is more than one owner of record, then on at least one such
owner.
(h) Any decision of the board of county commissioners or its
designated representative is subject to review in accordance with the
Kansas judicial review act.
Sec. 9. Crawford county may remove and abate from property,
other than public property or property open to use by the public, a motor
vehicle determined to be a nuisance. Disposition of such vehicles shall
be in compliance with the procedures for impoundment, notice and
public auction provided by K.S.A. 8-1102(a)(2), and amendments
thereto. Following any sale by public auction of a vehicle determined to
be a nuisance, the purchaser may file proof with the division of vehicles,
and the division shall issue a certificate of title to the purchaser of the
motor vehicle. If a public auction is conducted but no responsible bid is
received, the county may file proof with the division of vehicles, and the
division shall issue a certificate of title of the motor vehicle to the
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county. Any person whose motor vehicle has been disposed of pursuant
to this section shall be eligible for a refund of the tax imposed pursuant
to K.S.A. 79-5101 et seq., and amendments thereto. The amount of the
refund shall be determined in the manner provided by K.S.A. 79-5107,
and amendments thereto.
Sec. 10. The board of county commissioners may adopt a resolution
to establish any policies, procedures, designated body or other related
matters for hearings that property owners or their agents may request
pursuant to the Crawford county unincorporated area nuisance
abatement act.
Sec. 11. (a) The legislature declares it is the policy of this state to
protect and encourage the production and processing of food and other
agricultural products. As nonagricultural uses of property continue to
move into agricultural and agribusiness areas, normal agricultural and
agribusiness activities can find themselves subjected to public and
private claims of nuisance. Therefore, it is the legislative intent of this
act to protect agricultural and agribusiness activities from nuisance
actions. As such, nothing in the Crawford county unincorporated area
nuisance abatement act shall apply to land, structures, machinery and
equipment or motor vehicles used for an agricultural activity or oil and
gas exploration and development activity.
(b) For purposes of this section, the term "agricultural activity"
means the same as defined in K.S.A. 2-3203, and amendments thereto,
except such term shall also include real and personal property,
machinery, equipment, stored grain and agricultural input products
owned or maintained by commercial grain elevators and agribusiness
facilities.
Sec. 12. The Crawford county unincorporated area nuisance
abatement act, sections 7 through 12, and amendments thereto, shall
expire on July 1, 2027.
Sec. 7 13. This act shall take effect and be in force from and after its
publication in the statute book.
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