68-2240.Removal of nonconforming signs; notice;right to appeal; cost of removing.(a) Any advertising structure erected or maintainedadjacent to the right-of-way ofthe interstate or primary highway system after the effective date of this actas determined byK.S.A. 68-2231 through 68-2244, and amendments thereto, in violation of theprovisions of thissection or rules and regulations adopted by the secretary, or maintainedwithout a permit forconstruction and a current license shall be considered illegal and shall besubject to removal. Thedepartment or its agent shall give 60-days notice by certified mail to theowner of the illegalsign and the landowner, if different from the sign owner, except that thedepartment shall give 10-days notice to the owner ofunlawful portableoutdoor advertising located on vehicles or stands to remove such advertisingstructure or make itcomply with the provisions of this act. Such notice shall contain a statementthat the sign owner has the right to appeal the removal of such sign inaccordance with the Kansas administrative procedure act and may appeal thatdecision to the district court.If such owner is unknown or cannot bereasonablyascertained, the department shall conclude that the advertiser shown on thesign is the owner ofthe sign. Unless the sign owner appeals in accordance with the provisions ofsubsection (e), the department or its agents shall have the right to remove theillegal advertisingstructure, at the expense of the owner, if the owner fails to remove theadvertising structure or tomake it comply with the provisions of this act within the required period citedin this section. If no appeal by the sign owner has been filed,after giving a 10-day notice to the sign owner and landowner, the departmentor its agents mayenter upon private property for the purpose of removing the illegal advertisingstructure prohibited by this act or by the rules and regulations adopted by thesecretary without civil orcriminal liability. The cost of removing the advertising structure, whether bythe department orits agents, shall be assessed against the owner of the illegal structure.
(b) A sign owner is prohibited from repairing and erecting a legal,non-conforming signwhich sustains damage in excess of 60% of its replacement cost. Thisprohibition includes signswhich have been damaged or destroyed by natural causes. An exception is madefor those signswhich were destroyed by vandalism or other criminal or tortuous[tortious] acts.
(c) A sign is considered a new sign and requires a new sign licenseif the sign isabandoned, left blank or remains dilapidated for a period of 12 months. Signsfaces displayingpublic service announcements or displaying a "for rent" notice will not beconsideredabandoned.
(d) Any person, firm, corporation or association, placing, erecting ormaintainingadvertising structures, signs, displays or devices along the interstate systemor primary system inviolation of this act or rules and regulations adopted by the secretary shallnot be recognized asadvertisement for outdoor purposes and therefore constitutes a public nuisancesubject toremoval as provided by law.
(e) Right to Appeal. (1) Sign owners who arenotified under subsection (a) to remove a sign determined to be innoncompliance of this act may appeal such order to the secretary oftransportation.Hearings under this paragraph shall be conducted in accordance with theprovisions of the Kansas administrative procedure act.
(2) Any party aggrieved bythe order of the secretary may appeal such order to the district court inaccordance with the provisions of the act for judicial review and civilenforcement of agency actions.
History: L. 1972, ch. 251, § 10;L. 1975, ch. 427, § 224;L. 2006, ch. 141, § 6; July 1.
68-2240.Removal of nonconforming signs; notice;right to appeal; cost of removing.(a) Any advertising structure erected or maintainedadjacent to the right-of-way ofthe interstate or primary highway system after the effective date of this actas determined byK.S.A. 68-2231 through 68-2244, and amendments thereto, in violation of theprovisions of thissection or rules and regulations adopted by the secretary, or maintainedwithout a permit forconstruction and a current license shall be considered illegal and shall besubject to removal. Thedepartment or its agent shall give 60-days notice by certified mail to theowner of the illegalsign and the landowner, if different from the sign owner, except that thedepartment shall give 10-days notice to the owner ofunlawful portableoutdoor advertising located on vehicles or stands to remove such advertisingstructure or make itcomply with the provisions of this act. Such notice shall contain a statementthat the sign owner has the right to appeal the removal of such sign inaccordance with the Kansas administrative procedure act and may appeal thatdecision to the district court.If such owner is unknown or cannot bereasonablyascertained, the department shall conclude that the advertiser shown on thesign is the owner ofthe sign. Unless the sign owner appeals in accordance with the provisions ofsubsection (e), the department or its agents shall have the right to remove theillegal advertisingstructure, at the expense of the owner, if the owner fails to remove theadvertising structure or tomake it comply with the provisions of this act within the required period citedin this section. If no appeal by the sign owner has been filed,after giving a 10-day notice to the sign owner and landowner, the departmentor its agents mayenter upon private property for the purpose of removing the illegal advertisingstructure prohibited by this act or by the rules and regulations adopted by thesecretary without civil orcriminal liability. The cost of removing the advertising structure, whether bythe department orits agents, shall be assessed against the owner of the illegal structure.
(b) A sign owner is prohibited from repairing and erecting a legal,non-conforming signwhich sustains damage in excess of 60% of its replacement cost. Thisprohibition includes signswhich have been damaged or destroyed by natural causes. An exception is madefor those signswhich were destroyed by vandalism or other criminal or tortuous[tortious] acts.
(c) A sign is considered a new sign and requires a new sign licenseif the sign isabandoned, left blank or remains dilapidated for a period of 12 months. Signsfaces displayingpublic service announcements or displaying a "for rent" notice will not beconsideredabandoned.
(d) Any person, firm, corporation or association, placing, erecting ormaintainingadvertising structures, signs, displays or devices along the interstate systemor primary system inviolation of this act or rules and regulations adopted by the secretary shallnot be recognized asadvertisement for outdoor purposes and therefore constitutes a public nuisancesubject toremoval as provided by law.
(e) Right to Appeal. (1) Sign owners who arenotified under subsection (a) to remove a sign determined to be innoncompliance of this act may appeal such order to the secretary oftransportation.Hearings under this paragraph shall be conducted in accordance with theprovisions of the Kansas administrative procedure act.
(2) Any party aggrieved bythe order of the secretary may appeal such order to the district court inaccordance with the provisions of the act for judicial review and civilenforcement of agency actions.
History: L. 1972, ch. 251, § 10;L. 1975, ch. 427, § 224;L. 2006, ch. 141, § 6; July 1.
68-2240.Removal of nonconforming signs; notice;right to appeal; cost of removing.(a) Any advertising structure erected or maintainedadjacent to the right-of-way ofthe interstate or primary highway system after the effective date of this actas determined byK.S.A. 68-2231 through 68-2244, and amendments thereto, in violation of theprovisions of thissection or rules and regulations adopted by the secretary, or maintainedwithout a permit forconstruction and a current license shall be considered illegal and shall besubject to removal. Thedepartment or its agent shall give 60-days notice by certified mail to theowner of the illegalsign and the landowner, if different from the sign owner, except that thedepartment shall give 10-days notice to the owner ofunlawful portableoutdoor advertising located on vehicles or stands to remove such advertisingstructure or make itcomply with the provisions of this act. Such notice shall contain a statementthat the sign owner has the right to appeal the removal of such sign inaccordance with the Kansas administrative procedure act and may appeal thatdecision to the district court.If such owner is unknown or cannot bereasonablyascertained, the department shall conclude that the advertiser shown on thesign is the owner ofthe sign. Unless the sign owner appeals in accordance with the provisions ofsubsection (e), the department or its agents shall have the right to remove theillegal advertisingstructure, at the expense of the owner, if the owner fails to remove theadvertising structure or tomake it comply with the provisions of this act within the required period citedin this section. If no appeal by the sign owner has been filed,after giving a 10-day notice to the sign owner and landowner, the departmentor its agents mayenter upon private property for the purpose of removing the illegal advertisingstructure prohibited by this act or by the rules and regulations adopted by thesecretary without civil orcriminal liability. The cost of removing the advertising structure, whether bythe department orits agents, shall be assessed against the owner of the illegal structure.
(b) A sign owner is prohibited from repairing and erecting a legal,non-conforming signwhich sustains damage in excess of 60% of its replacement cost. Thisprohibition includes signswhich have been damaged or destroyed by natural causes. An exception is madefor those signswhich were destroyed by vandalism or other criminal or tortuous[tortious] acts.
(c) A sign is considered a new sign and requires a new sign licenseif the sign isabandoned, left blank or remains dilapidated for a period of 12 months. Signsfaces displayingpublic service announcements or displaying a "for rent" notice will not beconsideredabandoned.
(d) Any person, firm, corporation or association, placing, erecting ormaintainingadvertising structures, signs, displays or devices along the interstate systemor primary system inviolation of this act or rules and regulations adopted by the secretary shallnot be recognized asadvertisement for outdoor purposes and therefore constitutes a public nuisancesubject toremoval as provided by law.
(e) Right to Appeal. (1) Sign owners who arenotified under subsection (a) to remove a sign determined to be innoncompliance of this act may appeal such order to the secretary oftransportation.Hearings under this paragraph shall be conducted in accordance with theprovisions of the Kansas administrative procedure act.
(2) Any party aggrieved bythe order of the secretary may appeal such order to the district court inaccordance with the provisions of the act for judicial review and civilenforcement of agency actions.
History: L. 1972, ch. 251, § 10;L. 1975, ch. 427, § 224;L. 2006, ch. 141, § 6; July 1.
