19-26,116. Board of county commissioners orders; notice, hearing and appeal procedures; authority to abate nuisance; costs on tax rolls. (a) Whenever the board of county commissioners or other agency designated by the board files with the Sedgwick 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.
(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 designated representative is subject to review in accordance with the Kansas judicial review act.
History: L. 2021, ch. 30, ยง 2; July 1.
Structure Kansas Statutes
Chapter 19 - Counties And County Officers
Article 26 - Miscellaneous Provisions
19-2601 Place of county offices; office hours; penalty for failure to keep open.
19-2604 Deputies' oaths; deposit with bonds.
19-2605 County commissioners defined.
19-2606 Resignation by elected county officers.
19-2607 New officer to finish business and records of predecessor; records as evidence.
19-2609 Removal of county officer.
19-2618 Water mains in or along highway; petition.
19-2619 Same; rules and regulations.
19-2622 Same; penalty; damages; costs.
19-2623 Same; land for water mains; eminent domain.
19-2633 When plats of land outside city to be filed with county commissioners.
19-2633a Vacation of Hillcrest Heights as platted in Cowley county.
19-2633b Vacation of Cave Springs townsite in Elk county.
19-2636 Same; tax levy limitation; excess funds.
19-2638 Same; pending actions not barred; disposition of moneys recovered.
19-2643 Lease of park plots to youth camps in certain counties.
19-2644 Shawnee and Mission townships in Johnson county designated urban areas; law enforcement.
19-2645 Same; joint county and city use of vehicles and equipment.
19-2646 Same; appointment of policemen; powers; oaths; bond.
19-2647 Preservation of historical records in counties; declaration of public interest.
19-2648 Same; resolution; publication; protest petition; election.
19-2650 Same; acceptance of gifts or loans.
19-2653 Same; tax levies to pay warrants; surplus funds.
19-2654 Johnson county, Sedgwick county; designated as urban area.
19-2655 Counties over 180,000; long term leases of land to sheriff's posses.
19-2656 City of Overland Park and Oxford township in Johnson county designated urban area.
19-2657 Same; annexation of certain land located in urban area; ordinance.
19-2658 Disposal of refuse; acquisition of lands; improvements and equipment; contracts with city.
19-2659 Same; costs; bonds; election, when; exemption from county bonded debt limitations.
19-2660 Same; disposal facility; operation; contracts with political subdivisions.
19-2661 Same; fees and charges; fund, use; expenses from general fund, when.
19-2662 Same; disposition of lands acquired; use of moneys received from sale.
19-2663 Museum and cultural center in counties between 10,000 and 15,000 with $45,000,000 valuation.
19-2664 Same; election; amount of bonds.
19-2666 Same; name of board; limitation on powers.
19-2667 Same; organization and meetings of board.
19-2668 Same; specific powers of board.
19-2669 Same; treasurer of board.
19-2672 Same; duties of commission.
19-2673 Same; contracts; receipt and expenditure of moneys.
19-2674 Same; minutes of meetings; report and recommendations to legislature.
19-2675 Building fund; transfer of unexpended balance.
19-2678 County recreational, community service and social programs for the aging; payment of cost.
19-2679 Central motor pools in counties authorized; use charges.
19-2681 Same; charter commission, establishment.
19-2682 Same; charter commission membership; appointment.
19-2685 Same; submission of proposed charter to electors; adoption.
19-2686 Same; eligibility of charter commission members to election to county commission.
19-2688 Same; action to recover.
19-2689 Kansas association of counties; participating employer in KPERS.
19-2691 Coliseum events fund in certain counties; payment of expenses of shows or events.
19-2692 Coliseum concessions fund in certain counties; payment of expenses of concessions operation.
19-2692a Special recreation facilities fund.
19-2693 Reports, documentation and controls relating to coliseum funds; approval of contracts; bond.
19-2695 Conveyance of land forming part of Lone Star Lake to Douglas county.
19-2696 Leasing of lands by Hodgeman county to Santa Fe Trail Council of Boy Scouts of America.
19-2697 Sanitary land fill; Haskell county.
19-2698 Services for the physically handicapped; tax levy; procedure to authorize levy.
19-2699 Cloud county fair board; membership; qualifications; election; term; vacancies; officers.
19-26,100 Tax levy for arts program in Wyandotte county.
19-26,101 Conveyance of land in Wichita county to city of Leoti.
19-26,102 Vacation of certain property in Lyon county, procedure; reversion of property.
19-26,103 Wyandotte county land bank; definitions.
19-26,104 Same; establishment; governance; authorities and duties of county commissioners.
19-26,105 Same; budgets; accounts and records; annual reports.
19-26,106 Same; composition of board; authorities and duties; conflicts of interest; suits.
19-26,107 Same; powers of board.
19-26,108 Same; transfers of property.
19-26,109 Same; administration of property, duties of board.
19-26,110 Same; sale of property by board; conditions; consolidation.
19-26,111 Same; exemption of property from taxation; exceptions.
19-26,112 Same; use of moneys received from sale of property.
19-26,113 Same; advisory committees, establishment.
19-26,114 Counties; certain resolutions void as against public policy.
19-26,117 Motor vehicle nuisance; abatement process.
19-26,118 Board of county commissioners; adoption of policies and procedures by resolution.