75-1223. Penalties. (a) It shall be a class C misdemeanor for any person to violate any of the provisions of this act.
(b) In addition to any other penalties or remedies provided by this act, the district court, upon application of the attorney general or the county or district attorney, shall have the power and jurisdiction to enjoin any violation of this act. In cases of substantial and willful violations of this act, the district court shall have the power and jurisdiction to enjoin persons from engaging in business in this state.
(c) In any action brought to enforce the provisions of this act, if the court finds that a person is willfully using or has willfully used a method, act or practice declared to be unlawful by this act, the attorney general or county or district attorney, upon petition to the court may recover on behalf of the state, in addition to the criminal penalties provided herein, a civil penalty not exceeding one thousand dollars ($1,000) per person for each violation.
(d) For the purpose of this section, a willful violation occurs:
(1) If the person committing the violation knew or should have known that his or her conduct consisted of an act or acts which were in violation of this act; or
(2) If a manufacturer has failed to correct a code violation in a mobile home or recreational vehicle subject to this act, within ninety (90) days after being notified in writing of the code violation by the owner of the mobile home or recreational vehicle if such mobile home or recreational vehicle was manufactured after September 1, 1973.
History: L. 1972, ch. 338, § 13; L. 1973, ch. 337, § 8; L. 1978, ch. 336, § 13; L. 1979, ch. 281, § 9; Apr. 13.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
Article 12 - Architectural Services
75-1202b Same; transfer of powers, duties and functions; preservation of orders and directives.
75-1214 Same; rent, lease, sell or distribute.
75-1216 Alteration of unit prohibited.
75-1218 Exemption from construction codes of municipality or local government; zoning.
75-1220 Adoption of standards.
75-1221 Warranty by manufacturer; terms.
75-1227 Securing certain mobile homes to ground by devices approved by secretary; exceptions.
75-1229 Same; inspections; notice of determination; visibility of model number.
75-1230 Same; placement of approved tie downs; roof protectors; over-the-top tie downs.
75-1231 Same; foundations for piers; construction of piers; requirements.
75-1232 Same; unlawful acts; penalty.
75-1233 Same; certain cities exempt from act, when; certification.
75-1234 Same; rules and regulations.
75-1255 Written project description; basis for development; no alteration without approval.
75-1256 Negotiating committee access to data on firms; selection of firm.
75-1260 Construction administration duties of project architect, engineer or land surveyor.
75-1266 Rules and regulations by secretary of administration.