HOUSE BILL No. 2729 An Act concerning cities; relating to the abatement of certain nuisances; amending K.S.A.
12-1617e and K.S.A. 1997 Supp. 12-1617f and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 12-1617e is hereby amended to read as follows: 12-
1617e. (a) The governing body of any city shall have the power to have
removed or abated from any lot or parcel of ground within the city any
and all nuisances, including rank grass, weeds or other vegetation and
shall have the power to cause to be drained any pond or ponds of water,
at the cost and expense of the owner of the property on which the nui-
sance is located, whenever the city, county or joint board of health or
other agency as may be designated by the governing body of the city files
with the clerk of such city its statement in writing that such nuisance,
rank vegetation, or pond of water, describing the same and where located,
is a menace and dangerous to the health of the inhabitants of the city, or
of any neighborhood, family or resident of the city. The governing body
of the city, by resolution, also may make such determination.

    The city clerk shall issue notice requiring the owner or agent of the
owner of the premises to remove and abate from the premises the thing
or things therein described as a nuisance within a time, not exceeding 10
days, to be specified in the notice. The notice shall state that before the
expiration of the waiting period, the recipient thereof may request a hear-
ing before the governing body or its designated representative. The notice
shall be served on the owner or agent of such property by restricted mail
certified mail, return receipt requested, or by personal service, or if the
same is unoccupied and the owner is a nonresident, then by mailing a
notice by restricted mail certified mail, return receipt requested, to the
last known address of the owner. If the owner or agent fails to comply
with the requirement of the notice for a period longer than that named
in the notice, then the city shall proceed to have the things described in
the notice removed and abated from the lot or parcel of ground. The city
shall give notice to the owner or agent by restricted mail certified mail,
return receipt requested, of the total cost of such abatement or removal
incurred by the city. Such notice also shall state that payment of such cost
is due and payable within 30 days following receipt of such notice. The
city also may recover the cost of providing notice, including any postage,
required by this section. If the cost of such removal or abatement and
notice is not paid within the thirty-day period, the cost shall be collected
in the manner provided by K.S.A. 12-1,115, and amendments thereto, or
shall be assessed and charged against the lot or parcel of ground on which
the nuisance was located. If the cost is to be assessed, the city clerk, at
the time of certifying other city taxes to the county clerk, shall certify the
aforesaid such costs, and the county clerk shall extend the same on the
tax roll of the county against the lot or parcel of ground, and it shall be
collected by the county treasurer and paid to the city as other city taxes
are collected and paid. The city may pursue collection both by levying a
special assessment and in the manner provided by K.S.A. 12-1,115, and
amendments thereto, but only until the full cost and any applicable in-
terest has been paid in full.

    (b) Any city may remove and abate from property other than public
property or property open to use by the public a motor vehicle deter-
mined to be a nuisance. Disposition of such vehicle shall be in compliance
with the procedures for impoundment, notice and public auction pro-
vided by paragraph (2) of subsection (a) of K.S.A. 8-1102, and amend-
ments thereto. Following any sale by public auction of a vehicle deter-
mined to be a nuisance, the purchaser may file proof thereof with the
division of vehicles, and the division shall issue a certificate of title to the
purchaser of such motor vehicle. If a public auction is conducted, but no
responsible bid received, the city may file proof thereof with the division
of vehicles, and the division shall issue a certificate of title of such motor
vehicle to the city. Any person whose motor vehicle has been disposed of
pursuant to this subsection 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 such refund shall be determined in the manner provided by K.S.A. 79-
5107, and amendments thereto.

    Sec. 2. K.S.A. 1997 Supp. 12-1617f is hereby amended to read as
follows: 12-1617f. (a) The governing body of any city is hereby authorized
to provide for and require the cutting or destruction of all weeds on lots
or pieces of land within the city. Except as provided by subsection (b),
the city clerk shall issue a notice to the owner, occupant or agent by
restricted mail certified mail, return receipt requested, or by personal
service to cut or destroy such weeds. If the property is unoccupied and
the owner is a nonresident, such notice shall be sent by certified mail,
return receipt requested, to the last known address of the owner. The
notice shall state that before the expiration of the waiting period provided
herein the recipient thereof may request a hearing before the governing
body or its designated representative. If the occupant, owner or agent
fails to request a hearing or refuses to cut or remove such weeds, after
five days' notice by the city clerk, or in cases where the owner is unknown
or is a nonresident, and there is no resident agent, 10 days after notice
has been published by the city clerk in the official city paper, the city
shall cut or destroy such weeds and shall keep an account of the cost of
same and report to the city clerk. Except as provided by subsection (b),
the city shall give notice to the owner, occupant or agent by restricted
mail certified mail, return receipt requested, of the total cost of such
cutting or removal incurred by the city. The city also may recover the cost
of providing notice, including postage, required by this section. Such no-
tice also shall state that payment of such cost is due and payable within
30 days following receipt of such notice. If the cost of such removal or
abatement is not paid within the thirty-day period, the city may levy a
special assessment for such cost against the lot or piece of land in the
same manner as provided in K.S.A. 12-1617e, and amendments thereto,
or the city may collect the cost in the manner provided by K.S.A. 12-
1,115, and amendments thereto. The city may pursue collection both by
levying a special assessment and in the manner provided by K.S.A. 12-
1,115, and amendments thereto, but only until the full cost and any ap-
plicable interest has been paid in full.

    (b) In lieu of giving notice as provided by subsection (a), a city may
give notice as provided by this subsection. The governing body shall adopt
an ordinance which states its weed removal policy and notification pro-
cedure. Such procedure shall provide for a minimum one-time yearly
written notification by mail or personal service to the owner, occupant or
agent. Such notice shall include the same information required by sub-
section (a). In addition, such notice shall include a statement that no
further notice shall be given prior to removal of weeds.

    If there is a change in the record owner of title to property subsequent
to the giving of notice pursuant to this subsection, the city may not recover
any costs or levy an assessment for the costs incurred by the cutting or
destruction of weeds on such property unless the new record owner of
title to such property is provided notice as required by this section.

    Sec. 3. K.S.A. 12-1617e and K.S.A. 1997 Supp. 12-1617f are hereby
repealed.

    Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above Bill originated in the House,
and passed that body

__________________________________

House concurred in
Senate amendments __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate
as amended __________________________

__________________________________

President of the Senate

__________________________________

Secretary of the Senate.

Aproved __________________________

__________________________________

Governor.