Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2766b.Same; actions for enforcement of resolutions; costs; fees and
mileage for
witnesses; fines and penalties, disposition of.
(a) Except as provided in subsection (b), in all actions for the
enforcement of resolutions of improvement districts the items allowable as
costs
shall be the same as in cases for misdemeanor violations of state law
and shall be taxed as provided in K.S.A. 22-3801, 22-3802 and 22-3803, and
amendments thereto.
(b) The fees and mileage for the attendance of witnesses shall be
borne by the party calling the witness, except that if an accused person
is found not guilty, the improvement district shall pay all such expenses, but
the
court may direct that fees and mileage of witnesses subpoenaed by the
accused person be charged against such person, if the court finds that
there has been an abuse of the use of subpoenas by the accused person.
(c) Except as hereinafter provided, all fines and penalties collected in
actions for the enforcement of resolutions adopted by improvement
districts, as provided in this act and the act of which this act is
amendatory, shall be paid over to the county treasurer of the county where
they are imposed for deposit in the county general fund.
The court, when imposing fines and penalties for resolution violations,
shall identify violations which also constitute a violation of state law.
Those fines and penalties derived from the enforcement of any resolution, a
violation of which would also constitute a violation of state law, shall be
remitted to the state treasurer as provided in K.S.A. 20-2801, and amendments thereto.
Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2766b.Same; actions for enforcement of resolutions; costs; fees and
mileage for
witnesses; fines and penalties, disposition of.
(a) Except as provided in subsection (b), in all actions for the
enforcement of resolutions of improvement districts the items allowable as
costs
shall be the same as in cases for misdemeanor violations of state law
and shall be taxed as provided in K.S.A. 22-3801, 22-3802 and 22-3803, and
amendments thereto.
(b) The fees and mileage for the attendance of witnesses shall be
borne by the party calling the witness, except that if an accused person
is found not guilty, the improvement district shall pay all such expenses, but
the
court may direct that fees and mileage of witnesses subpoenaed by the
accused person be charged against such person, if the court finds that
there has been an abuse of the use of subpoenas by the accused person.
(c) Except as hereinafter provided, all fines and penalties collected in
actions for the enforcement of resolutions adopted by improvement
districts, as provided in this act and the act of which this act is
amendatory, shall be paid over to the county treasurer of the county where
they are imposed for deposit in the county general fund.
The court, when imposing fines and penalties for resolution violations,
shall identify violations which also constitute a violation of state law.
Those fines and penalties derived from the enforcement of any resolution, a
violation of which would also constitute a violation of state law, shall be
remitted to the state treasurer as provided in K.S.A. 20-2801, and amendments thereto.
Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2766b.Same; actions for enforcement of resolutions; costs; fees and
mileage for
witnesses; fines and penalties, disposition of.
(a) Except as provided in subsection (b), in all actions for the
enforcement of resolutions of improvement districts the items allowable as
costs
shall be the same as in cases for misdemeanor violations of state law
and shall be taxed as provided in K.S.A. 22-3801, 22-3802 and 22-3803, and
amendments thereto.
(b) The fees and mileage for the attendance of witnesses shall be
borne by the party calling the witness, except that if an accused person
is found not guilty, the improvement district shall pay all such expenses, but
the
court may direct that fees and mileage of witnesses subpoenaed by the
accused person be charged against such person, if the court finds that
there has been an abuse of the use of subpoenas by the accused person.
(c) Except as hereinafter provided, all fines and penalties collected in
actions for the enforcement of resolutions adopted by improvement
districts, as provided in this act and the act of which this act is
amendatory, shall be paid over to the county treasurer of the county where
they are imposed for deposit in the county general fund.
The court, when imposing fines and penalties for resolution violations,
shall identify violations which also constitute a violation of state law.
Those fines and penalties derived from the enforcement of any resolution, a
violation of which would also constitute a violation of state law, shall be
remitted to the state treasurer as provided in K.S.A. 20-2801, and amendments thereto.