12-1617e.   Abatement of nuisances; notice; assessmentand collection of costs; procedure; disposition of motor vehicles.(a) The governing body of any city may have removed or abated from any lot orparcel of ground within the city any and all nuisances, including rank grass,weeds or other vegetation. The governing body may have drained any pond orponds of water, at the cost and expense of the owner of the property on whichthe nuisance is located, whenever the city, county or joint board of health orother agency as may be designated by the governing body of the city files withthe clerk of such city its statement in writing that such nuisance, rankvegetation or pond of water, describing the same and where located, is a menaceand dangerous to the health of the inhabitants of the city, or of anyneighborhood, family or resident of the city. The governing body of the city,by resolution, also may make such determination.

      (b)   Except as provided by subsection (c), the governing body of the cityshall order the owner or agent of the owner of the property to remove and abatefrom the property the thing or things therein described as a nuisance within atime, not exceeding 10 days, to be specified in the order. The governing bodyof the city shall grant extensions of such ten-day time period if the owner oragent of the property demonstrates that due diligence is being exercised inabating the nuisance. The order shall state that before the expiration of thewaiting period or any extension thereof, the recipient thereof may request ahearing before the governing body or its designated representative. The ordershall be served on the owner or agent of such property by certified mail,return receipt requested, or by personal service. If the property is unoccupiedand the owner is a nonresident, then by mailing the order by certified mail,return receipt requested, to the last known address of the owner.

      (c)   If the owner or agent of the owner of the property has failed toaccept delivery or otherwise failed to effectuate receipt of a notice sentpursuant to this section during the preceding twenty-four month period, thegoverning body of a city may provide notice of the issuance of any furtherorders to abate or remove a nuisance from such property in the manner providedby subsection (b) or as provided in this subsection. Except as specificallyprovided in this subsection, the governing body may provide notice of the orderby such methods including, but not limited to, door hangers, conspicuouslyposting notice of such order on the property, personal notification, telephonecommunication or first class mail. If the property is unoccupied and the owneris a nonresident, notice provided by this section shall be given by telephonecommunication or first class mail.

      (d)   If the owner or agent fails to comply with the requirement of the orderfor a period longer than that named in the order, the city shall proceed tohave the things described in the order removed and abated from the lot orparcel of ground. If the city abates or removes the nuisance, the city shallgive notice to the owner or agent by certified mail, return receipt requested,of the total cost of such abatement or removal incurred by the city. Suchnotice also shall state that payment of such cost is due and payable within 30days following receipt of such notice. The city also may recover the cost ofproviding notice, including any postage, required by this section. If the costof such removal or abatement and notice is not paid within the thirty-dayperiod, 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 orparcel of ground on which the nuisance was located. If the cost is to beassessed, the city clerk, at the time of certifying other city taxes to thecounty clerk, shall certify such costs, and the county clerk shall extend thesame on the tax roll of the county against the lot or parcel of ground, and itshall be collected by the county treasurer and paid to the city as othercity taxes are collected and paid. The city may pursue collection both bylevying a special assessment and in the manner provided by K.S.A. 12-1,115, andamendments thereto, but only until the full cost and any applicable interesthas been paid in full.

      (e)   Any city may remove and abate from property other than public property orproperty open to use by the public a motor vehicle determined to be a nuisance.Disposition of such vehicle shall be in compliance with the procedures forimpoundment, notice and public auction provided by paragraph (2) of subsection(a) of K.S.A. 8-1102, and amendments thereto.Following any sale by public auction of a vehicle determined to be a nuisance,the purchaser may file proof thereof with the division of vehicles, and thedivision shall issue a certificate of title to the purchaser of such motorvehicle. If a public auction is conducted, but no responsible bid received, thecity may file proof thereof with the division of vehicles, and the divisionshall issue a certificate of title of such motor vehicle to the city. Anyperson whose motor vehicle has been disposed of pursuant to this subsectionshall be eligible for a refund of the tax imposed pursuant to K.S.A. 79-5101et seq., and amendments thereto. The amount of such refund shall bedetermined in the manner provided by K.S.A. 79-5107, and amendments thereto.

      History:   L. 1903, ch. 134, § 1;L. 1905, ch. 120, § 1;R.S. 1923, § 12-1641;L. 1959, ch. 77, § 1;L. 1975, ch. 66, § 1;L. 1985, ch. 73, § 1;L. 1986, ch. 74, § 1;L. 1987, ch. 70, § 1;L. 1990, ch. 72, § 1;L. 1998, ch. 80, § 1;L. 2003, ch. 120, § 18;L. 2004, ch. 44, § 1; July 1.