SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 52
As Amended by Senate Committee on Local
Government
Brief*
SB 52, as amended, would establish the Sedgwick
County Urban Area Nuisance Abatement Act (Act).
The bill would authorize the Board of County
Commissioners (Board) to order the removal or abatement of
any nuisance from any property in the unincorporated area of
Sedgwick County (County). All costs associated with the
abatement would be the responsibility of the property owner.
Before the abatement process could begin, the bill would
require the County to first obtain a conviction for a county
code violation regarding the nuisance no more than 12
months before the issuance of the abatement order.
The bill would state the Act shall not apply to any land,
structures, machinery, equipment, or vehicles used for
agricultural activity as defined in KSA 2020 Supp. 2-3203.
The Act would also exclude all real and personal property,
machinery, equipment, stored grain, and agricultural input
products that are owned or maintained by either commercial
grain elevators or agribusiness facilities. [Note: The definition
of “agricultural activity” in KSA 2020 Supp. 2-3203 currently
applies to sections of law on protection of farmland and
agricultural activities.]
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Abatement Process
To begin the abatement process, the bill would require
the Board, or an agency designated by the Board, to file a
statement with the Sedgwick County Clerk describing the
nuisance and declaring it a menace and health risk to county
residents. The bill would authorize the Board to issue an
order requiring the nuisance to be removed or abated. The
bill would require the order to provide a minimum of ten days
(as specified in the order) for the owner to remove and abate
the nuisance; the Board would be empowered to grant
extensions to the time period in question. The property owner
would also be provided the right to request a hearing before
the Board if the request is made prior to the end of the waiting
period or any extension. The bill would subject any decision
made by the Board or its designated representative on this
matter to review under the Kansas Judicial Review Act (KSA
77-601 et seq.).
The abatement order would be sent to the owner of
record by personal service. [Note: Methods of service of
process are provided in KSA 2020 Supp. 60-303]. The bill
would, if the owner fails to accept delivery or effectuate
receipt during a preceding 24-month period, authorize the
Board to use alternative notification methods such as, but not
limited to, door hangers, telephone communications, or first-
class mail. Telephone communication or first-class mail would
be required if the property is unoccupied and the owner is a
nonresident.
If the owner of the property fails to abate the nuisance
before the time limit stated in the abatement order, the Board
would be authorized to order the repair or demolition of any
structure and have items described in the order removed and
provide notice to the owner by certified mail, with return
receipt requested, that the abatement has occurred and
include the total cost of the abatement incurred by the
County. The bill would require the notice to state payment for
the abatement to the County would be due and payable no
later than 60 days after the mailing of the notice. If payment is
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not made within the 60-day period, the County would be
authorized to assess the cost of the abatement to the lot or
parcel of land on which the nuisance was located. The bill
would require the county clerk to certify the costs and extend
the cost on the tax roll against the lot or parcel of land.
The bill would require all orders and notices to be served
on the owner of record for the property. In the event of more
than one owner of record, the County would be required to
notify at least one of the owners of record.
County Abatement Costs
The bill would state, when assessing the cost of removal
or abatement of a nuisance, the County shall subtract the
value of the property that was removed or abated from the
total cost of the abatement or removal. If the value of the
property removed or abated is greater than the total cost of
the removal or abatement, the bill would require the County to
pay the property owner the difference.
A property owner who contests the value of the property
would be allowed to request a hearing before the Board or its
designated representative prior to the deadline for payment of
removal or abatement costs to the County.
Motor Vehicles
The bill states the County would be authorized to
remove a motor vehicle determined to be a nuisance, except
when the vehicle is on public property or property open to the
public. The County would be authorized to impound and
auction vehicles removed by this process under provisions of
continuing law. The bill would state an individual who
purchases a vehicle in this manner may file proof of purchase
with the Division of Vehicles (Division) in order to receive the
title to the vehicle purchased. If no responsible bid is received
during the auction, the County would be authorized to file
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proof with the Division and be issued the title in the County’s
name.
Any individual whose vehicle is sold via this process
would be eligible for a refund of motor vehicle tax imposed,
and the amount of the refund would be determined as
provided in continuing law.
Policies and Procedures
The Board would be allowed to adopt a resolution to
establish policies, procedures, a designated body, or other
matters for hearings that property owners or their agents may
request pursuant to the Act.
Sunset
The Act would expire on July 1, 2024.
Background
The bill was introduced by the Senate Committee on
Ways and Means at the request of Senator McGinn.
[Note: SB 52, as introduced, was identical to 2020 SB
423, as passed by the Senate.]
Senate Committee on Local Government
In the Senate Committee hearing, proponent testimony
was provided by a member of the Board and the director of
the Wichita-Sedgwick County Metropolitan Area Building and
Construction Department. The conferees stated this
legislation is necessary to allow only the County to address
nuisance abatement issues in its unincorporated areas.
Conferees noted KSA 19-2654 was amended in 2018 to
designate the County as an urban area.
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No neutral or opponent testimony was provided.
The Senate Committee adopted amendments to:
● Add “Abatement” to the name of the Act;
● Authorize personal service as the only manner in
which the owner of record can be notified of an
abatement order by the County;
● Remove the “agent of the owner” as an individual
allowed to accept such notice and state that all
orders and notices must be served to the owner of
record. If there are multiple owners of record, only
one owner must be served;
● State that decisions made by the Board or its
designated representative are subject to review
under the Kansas Judicial Review Act;
● Define “agricultural activity” to mean the same as in
KSA 2020 Supp. 2-3203 and further include all real
and personal property, machinery, equipment,
stored grain, and agricultural input products that
are owned or maintained by a commercial grain
elevator or agribusiness facilities; and
● Add a sunset for the bill of July 1, 2024.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Association
of Counties states it is unable to estimate a fiscal effect, but
any implementation and enforcement costs would impact only
the County. Because it is assumed owners would pay costs,
the effect of the bill would be cost neutral, except when the
value of the property removed or abated is greater than the
cost of removal or abatement. Any fiscal effect associated
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with the bill is not reflected in The FY 2022 Governor’s
Budget Report.
Local government; Sedgwick County Urban Area Nuisance Abatement Act; counties
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