19-2752h. Main sewer district; additional powers of governing body; resolutions; notice and hearing; costs, how paid; appeals.
19-2752h
19-2752h. Main sewer district; additional powers of governing body;
resolutions; notice and hearing; costs, how paid; appeals.
This section shall be construed as supplemental to and as a part of
K.S.A. 19-2731 to 19-2752, inclusive, and acts amendatory thereof or
supplemental thereto. Whenever in the opinion of the governing body:
(1) (a) Any sewer, drain, tile, or pipe which is connected to a lateral
sewer is carrying surface or ground water to the detriment or damage of the
lateral, joint, or main sewer system and the users thereof, the governing
body may adopt a resolution so declaring and condemning said sewer, drain,
tile, or pipe, and requiring the construction of a new sewer, drain, tile,
or pipe to replace the one so condemned or requiring the reconstruction of
the sewer, drain, tile, or pipe so condemned; or (b) any sanitary sewer
which is not connected with any sewer system under the jurisdiction and
supervision of the governing body, and which is creating a nuisance in the
opinion of the secretary of health and environment, should be connected to
one or more of the sewer systems under the jurisdiction and supervision of
the governing body, said governing body may adopt a resolution so declaring
and requiring the connection of such sewer to the system under the
jurisdiction and supervision of the governing body; or (c) surface or
ground water is entering any sewer, drain, tile, or pipe which is connected
to a lateral sewer and as a result said lateral sewer is carrying surface
or ground water to the detriment or damage of the lateral, joint, or main
sewer systems and the users thereof, and that said surface or ground water
is entering the sanitary sewer lines because of lack of proper grade of the
ground around the house or other building which such sewer, drain, tile, or
pipe serves, said board, after a hearing thereon, unless waived in writing
by the owner of the property, reasonable notice of which having been given
to the owner, may adopt a resolution requiring the grade of the ground
around said house or building to be changed in such a manner as to prevent
the entering of surface or ground water or to lessen the amount of such
water entering the lateral sewer.
(2) The resolution requiring the construction or reconstruction of a
sewer, drain, tile, or pipe, or the connection of a sanitary sewer to the
system under the jurisdiction and supervision of the governing body, or the
grading of ground, shall state the name of the owner of the property upon
which the same is located, and the right of the owner to do or cause to be
done at the owner's expense the work required if the same is completed
within one hundred twenty (120) days after the publication of said
resolution, and in accordance with the plans and specifications approved by
the sewer engineer. Such resolution shall be published once in a newspaper
of general circulation in the sewer district, and a copy thereof shall be
sent by registered or certified mail to the owner of said property,
addressed to such owner's last known address, and if the owner or the
owner's address is not known, said resolution shall be so mailed to the
occupant of said property. If the work or connection required by the
resolution is not done by the property owner within the time limited, the
governing body may cause said work to be done by contract, or in the case
of construction, reconstruction, or grading as distinguished from making a
connection to any sewer, the governing body may disconnect from the lateral
sewer of the lateral sewer district such sewer, drain, tile, or pipe which
it had ordered constructed or reconstructed or the ground around the house
or building which it serves graded.
The cost of all such work done by the governing body shall be assessed
against the property, and when all costs are ascertained the governing body
shall levy an assessment against the lot or piece of land chargeable
therefor by resolution, and the property owner shall have thirty (30) days
after publication of the resolution in which to make full payment of the
assessment. Such resolution shall be published once in a newspaper of
general circulation in the sewer district. The county clerk shall mail a
notice of the assessment not less than fifteen (15) days prior to the end
of the thirty (30) days to the owner of the property as shown on the
records of the office of the register of deeds. The failure of an owner to
receive the notice shall not affect the validity of the assessment. Any
suit challenging the validity of this proceeding or the amount of the
assessment must be filed within thirty (30) days after the publication of
the assessment resolution. The costs shall include the cost of materials,
labor, engineering, supervision, publication expense, cost of printing,
legal expenses, and all other expenses properly chargeable against the
project.
History: L. 1959, ch. 138, § 1; L. 1975, ch. 462, §
21; July 1.