Brief (1)
HB 2171 amends the Code for the Enforcement of County Codes and Resolutions to expand the powers of judges pro tem to include the power to order the abatement of nuisances and to order the costs of abatement to be assessed against the property on which the nuisance was located.
The bill also raises the amount of court costs that may be imposed in county code courts from $1 to not to exceed $60 as determined by the board of county commissioners. The bill provides that 25 percent of the court costs goes to the state nonjudicial salary initiative fund. The balance of these moneys shall be deposited in the county general fund.
The House Committee amended the bill to strike a provision that would have extended coverage of the law to any county and thus, allow any county to prosecute violations of county codes and resolutions in county code enforcement courts created within the district court as counties over 150,000 population now may utilize. The Committee amended the bill to delay the effective date of the nuisance abatement powers of pro tem judges to July 1, 2002. A technical amendment was made regarding the name of the state fund where moneys are to be deposited.
Background
Proponents of HB 2171 included the Kansas Association of Counties; boards of county commissioners from Sedgwick, Linn, Anderson, and Jefferson counties; various other county officials; the Kansas Association of County Planning and Zoning Officials; and various property owners from Sedgwick County and others.
Proponents focused on the need of all counties to have the option of establishing a code enforcement court and the need to enhance pro tem judges abilities to abate nuisances.
Opponents included a number of residents primarily from Sedgwick County. Opponents complained that current nuisance abatement procedures in Sedgwick County violated basic rights of property owners and that expanded powers in this area would exacerbate the problem.
The fiscal note states that the fiscal impact cannot be determined.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi