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Minutes for SB162 - Committee on Local Government

Short Title

Creating the Riley county unincorporated area nuisance abatement act to establish procedures for the removal and abatement of nuisances in the unincorporated areas of the county and the assessment of the costs for such abatement.

Minutes Content for Tue, Feb 14, 2023

Chairperson McGinn opened hearing on SB 162. Staff Revisor Jason Long gave the bill brief and stood for questions from the committee.

John Ford, Riley County Commissioner, spoke via Webex in favor of the bill and the need Riley County officials have for an enforcement mechanism to resolve nuisance property issues for a small number of property owners. Despite having gone to court and received judgments against some of the properties in question, there is nothing the county can do should a homeowner refuse to comply with the court decision.(Attachment 1)

Clancy Holman, Riley County Counselor, also spoke in favor of the bill and noted its language is similar to the one passed for Sedgwick County in 2021. Again reemphasizing the point that counties have no administrative authority to enforce court decisions. The properties that are in question are not agricultural properties but are zoned for commercial or residential and have been in a state of disrepair for a number of years.(Attachment 2)

Craig Cox, Riley County Deputy Counselor, is in favor of the bill. It would allow the county to avoid judicial processes when property owners go out of their way to avoid being served a legal summons.(Attachment 3)

Jim Emerson, Crawford County Counselor was in support of the bill. He would like to have Crawford County included in the bill. He also noted that current process with judicial action can only fine individuals but properties remain unresolved despite accrual of fines.(Attachment 4)

Additional proponent, written testimony was received from Jay Hall, Legislative Policy Director and General Counsel for the Kansas Association of Counties. (Attachment 5)

Speakers stood for questions after testimonies.

Chairperson McGinn closed the hearing on SB 162.