Kansas 2023-2024 Regular Session

Kansas Senate Bill SB162 Compare Versions

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1	1	Session of 2023
2	2	SENATE BILL No. 162
3	3	By Committee on Local Government
4	4	2-6
5	5	AN ACT creating the Riley county unincorporated area nuisance
6	6	abatement act; establishing procedures for the removal and abatement
7	7	of nuisances; providing for the assessment of costs of such abatement.
8	8	Be it enacted by the Legislature of the State of Kansas:
9	9	Section 1. (a) The provisions of sections 1 through 6, and
10	10	amendments thereto, shall be known and may be cited as the Riley county
11	11	unincorporated area nuisance abatement act.
12	12	(b) Before any nuisance abatement process shall be commenced
13	13	under the Riley county unincorporated area nuisance abatement act, Riley
14	14	county first shall have obtained a conviction for a county code violation
15	15	resulting from such nuisance within the 12-month period prior to the
16	16	issuance of any order as provided in section 2, and amendments thereto.
17	17	(c) (1) The board of county commissioners may order the removal or
18	18	abatement of any nuisance from any lot or parcel of ground within the
19	19	unincorporated area of the county. The board may order the repair or
20	20	demolition of any structure or the removal or abatement of any other type
21	21	of nuisance.
22	22	(2) The order shall provide that all costs associated with the
23	23	abatement shall be paid by the owner of the property on which the
24	24	nuisance is located.
25	25	Sec. 2. (a) Whenever the board of county commissioners or other
26	26	agency designated by the board files with the Riley county clerk a
27	27	statement in writing describing a nuisance and declaring that such
28	28	nuisance is a menace and dangerous to the health of the inhabitants of the
29	29	county, the board of county commissioners, by resolution, may make such
30	30	determination and issue an order requiring the nuisance be removed or
31	31	abated.
32	32	(b) Except as provided by subsection (c), the board of county
33	33	commissioners shall order the owner of the property to remove and abate
34	34	the nuisance within not less than 10 days, to be specified in the order. The
35	35	board or its designated representative may grant extensions of the time
36	36	period indicated in the order. The order shall state that, before the
37	37	expiration of the waiting period or any extension, the recipient may
38	38	request a hearing before the board or its designated representative. The
39	39	order shall be served on the owner by personal service in accordance with
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76	76	K.S.A. 60-303, and amendments thereto.
77	77	(c) If the owner of the property has failed to accept delivery or
78	78	otherwise failed to effectuate receipt of a notice sent pursuant to this
79	79	section during the preceding 24-month period, the board of county
80	80	commissioners may provide notice of the issuance of any further orders to
81	81	abate or remove a nuisance from the property in the manner provided by
82	82	subsection (d) or as provided in this subsection. The board may provide
83	83	notice of the order by such methods including, but not limited to, door
84	84	hangers conspicuously posting notice of the order on the property, personal
85	85	notification, telephone communication or first-class mail. If the property is
86	86	unoccupied and the owner is a nonresident, notice provided by this section
87	87	shall be given by telephone communication or first-class mail.
88	88	(d) If the owner of the property fails to comply with the order for a
89	89	period longer than that named in the order or any extensions of such time
90	90	period, the board of county commissioners may proceed to order the repair
91	91	or demolition of any structure and have the items described in the order
92	92	removed and abated from the lot or parcel of ground. If the county abates
93	93	or removes the nuisance, the county shall give notice to the owner by
94	94	certified mail, return receipt requested, of the total cost of the abatement or
95	95	removal incurred by the county. The notice also shall state that payment of
96	96	the cost is due and payable within 60 days following the mailing of the
97	97	notice.
98	98	(e) If the cost of the removal or abatement is not paid within the 60-
99	99	day period, the cost shall be assessed and charged against the lot or parcel
100	100	of land on which the nuisance was located. If the cost is to be assessed, the
101	101	county clerk, at the time of certifying other county taxes, shall certify the
102	102	costs, and the county clerk shall extend the cost on the tax roll of the
103	103	county against the lot or parcel of land. Such cost shall be collected by the
104	104	county treasurer.
105	105	(f) In assessing the cost of removal and abatement of a nuisance, the
106	106	county shall subtract from the total cost of the abatement or removal
107	107	incurred by the county the value of the property removed or abated. If the
108	108	value of the property removed or abated is greater than the cost of the
109	109	removal or abatement incurred by the county, the county shall pay the
110	110	owner the difference. If the value of the property is contested, the property
111	111	owner may request a hearing before the board or its designated
112	112	representative prior to the 60 days following receipt of notice of costs due
113	113	and payable under subsection (d).
114	114	(g) All orders and notices shall be served on the owner of record or, if
115	115	there is more than one owner of record, then on at least one such owner.
116	116	(h) Any decision of the board of county commissioners or its
117	117	designated representative is subject to review in accordance with the
118	118	Kansas judicial review act.
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162	162	Sec. 3. Riley county may remove and abate from property, other than
163	163	public property or property open to the use by the public, a motor vehicle
164	164	determined to be a nuisance. Disposition of such vehicles shall be in
165	165	compliance with the procedures for impoundment, notice and public
166	166	auction provided by K.S.A. 8-1102(a)(2), and amendments thereto.
167	167	Following any sale by public auction of a vehicle determined to be a
168	168	nuisance, the purchaser may file proof with the division of vehicles, and
169	169	the division shall issue a certificate of title to the purchaser of the motor
170	170	vehicle. If a public auction is conducted but no responsible bid is received,
171	171	the county may file proof with the division of vehicles, and the division
172	172	shall issue a certificate of title of the motor vehicle to the county. Any
173	173	person whose motor vehicle has been disposed of pursuant to this section
174	174	shall be eligible for a refund of the tax imposed pursuant to K.S.A. 79-
175	175	5101 et seq., and amendments thereto. The amount of the refund shall be
176	176	determined in the manner provided by K.S.A. 79-5107, and amendments
177	177	thereto.
178	178	Sec. 4. The board of county commissioners may adopt a resolution to
179	179	establish any policies, procedures, designated body or other related matters
180	180	for hearings that property owners or their agents may request pursuant to
181	181	the Riley county unincorporated area nuisance abatement act.
182	182	Sec. 5. Nothing in the Riley county unincorporated area nuisance
183	183	abatement act shall apply to land, structures, machinery and equipment or
184	184	motor vehicles used for an agricultural activity. For purposes of this
185	185	section, the term "agricultural activity" means the same as defined in
186	186	K.S.A. 2-3203, and amendments thereto, except such term shall also
187	187	include real and personal property, machinery, equipment, stored grain and
188	188	agricultural input products owned or maintained by commercial grain
189	189	elevators and agribusiness facilities.
190	190	Sec. 6. The Riley county unincorporated area nuisance abatement act,
191	191	sections 1 through 6, and amendments thereto, shall expire on July 1,
192	192	2026.
193	193	Sec. 7. This act shall take effect and be in force from and after its
194	194	publication in the statute book.
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