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 ofK.S.A. 19-2731 to 19-2752, inclusive, and acts amendatory thereof orsupplemental thereto. Whenever in the opinion of the governing body:

      (1) (a)   Any sewer, drain, tile, or pipe which is connected to a lateralsewer is carrying surface or ground water to the detriment or damage of thelateral, joint, or main sewer system and the users thereof, the governingbody 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 ofthe sewer, drain, tile, or pipe so condemned; or (b) any sanitary sewerwhich is not connected with any sewer system under the jurisdiction andsupervision of the governing body, and which is creating a nuisance in theopinion of the secretary of health and environment, should be connected toone or more of the sewer systems under the jurisdiction and supervision ofthe governing body, said governing body may adopt a resolution so declaringand requiring the connection of such sewer to the system under thejurisdiction and supervision of the governing body; or (c) surface orground water is entering any sewer, drain, tile, or pipe which is connectedto a lateral sewer and as a result said lateral sewer is carrying surfaceor ground water to the detriment or damage of the lateral, joint, or mainsewer systems and the users thereof, and that said surface or ground wateris entering the sanitary sewer lines because of lack of proper grade of theground around the house or other building which such sewer, drain, tile, orpipe serves, said board, after a hearing thereon, unless waived in writingby the owner of the property, reasonable notice of which having been givento the owner, may adopt a resolution requiring the grade of the groundaround said house or building to be changed in such a manner as to preventthe entering of surface or ground water or to lessen the amount of suchwater entering the lateral sewer.

      (2)   The resolution requiring the construction or reconstruction of asewer, drain, tile, or pipe, or the connection of a sanitary sewer to thesystem under the jurisdiction and supervision of the governing body, or thegrading of ground, shall state the name of the owner of the property uponwhich the same is located, and the right of the owner to do or cause to bedone at the owner's expense the work required if the same is completedwithin one hundred twenty (120) days after the publication of saidresolution, and in accordance with the plans and specifications approved bythe sewer engineer. Such resolution shall be published once in a newspaperof general circulation in the sewer district, and a copy thereof shall besent by registered or certified mail to the owner of said property,addressed to such owner's last known address, and if the owner or theowner's address is not known, said resolution shall be so mailed to theoccupant of said property. If the work or connection required by theresolution is not done by the property owner within the time limited, thegoverning body may cause said work to be done by contract, or in the caseof construction, reconstruction, or grading as distinguished from making aconnection to any sewer, the governing body may disconnect from the lateralsewer of the lateral sewer district such sewer, drain, tile, or pipe whichit had ordered constructed or reconstructed or the ground around the houseor building which it serves graded.

      The cost of all such work done by the governing body shall be assessedagainst the property, and when all costs are ascertained the governing bodyshall levy an assessment against the lot or piece of land chargeabletherefor by resolution, and the property owner shall have thirty (30) daysafter publication of the resolution in which to make full payment of theassessment. Such resolution shall be published once in a newspaper ofgeneral circulation in the sewer district. The county clerk shall mail anotice of the assessment not less than fifteen (15) days prior to the endof the thirty (30) days to the owner of the property as shown on therecords of the office of the register of deeds. The failure of an owner toreceive the notice shall not affect the validity of the assessment. Anysuit challenging the validity of this proceeding or the amount of theassessment must be filed within thirty (30) days after the publication ofthe 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 theproject.

      History:   L. 1959, ch. 138, § 1; L. 1975, ch. 462, §21; July 1.