22-3904. Judgment.
22-3904
22-3904. Judgment.(1) Upon final judgment that any real property is being or has been used as aplace where any of the unlawful activities set forth in K.S.A. 22-3901 andamendments thereto are carried on or permitted to be carried on, the court mayorder that any house, room, building or other structurelocatedon such real estate be closed and padlocked for a period of not more than twoyears, subject to modification in the manner provided by K.S.A. 60-910 andamendments thereto, if the court finds that the owner of the property knew orshould have known under the circumstances of the maintenance of a commonnuisance on the property and did not make a bona fide attempt to abate suchnuisance under the circumstances. The court may require, as part of thejudgment, that the owner, lessee, tenant or occupant enter into a bond to thestate of Kansas, in such amount and with security as the court may require,conditioned that such owner, lessee, tenant or occupant will not within aperiod of two years use or permit the use of such real estate in violation oflaw. If any condition of such bond is violated, the whole amount may berecovered as a penalty. In addition, the court may assess a civil penaltynot to exceed $25,000 against any or all defendants, based upon the severity ofthe nuisance and its duration. Such penalty shall be paid into the countytreasury, if recovered by a county or district attorney, and into the citytreasury, if recovered by a city attorney.
(2) Upon final judgment that any effects, equipment, paraphernalia, fixtures,appliances, musical instruments or other personal property are designed for andhave been used in carrying on any of the unlawful activities set forth inK.S.A. 22-3901 and amendments thereto, the court may order that such effects,equipment, paraphernalia, fixtures, appliances, musical instruments and otherpersonal property be publicly destroyed by the sheriff or other law enforcementofficer or that such personal property be sold in the manner provided for salesin execution of judgment.
(3) The proceeds of any sale of personal property pursuant to subsection (2)shall be applied as follows:
(a) First, to the fees and costs of the abatement or removal of thenuisance and the sale.
(b) Second, to the costs of closing the structure and keeping it closed.
(c) Third, to payment of the costs of the action.
(d) Fourth, to payment of any civil penalty imposed pursuant to this sectionor any fine imposed for contempt in the proceedings.
(e) Fifth, to the owner of the personal property.
(4) Subject to the provisions of subsection (3), upon final judgment for thestate the court shall adjudge that any defendant who was maintaining the commonnuisance pay all costs, including a reasonable fee, fixed by the court, to bepaid to the prosecuting attorney. Such costs shall be a lien upon any realproperty against which an order of abatement is obtained, if the court findsthat the owner of such property knew or should have known under thecircumstances of the maintenance of the common nuisance on the property and didnot make a bona fide attempt to abate such nuisance under the circumstances.
(5) For purposes of this section, evidence of a bona fide attempt to abatesuch nuisance by the owner of the property shall include, but not be limitedto, the filing of a written report, by such owner or at such owner's direction,to the local law enforcement agency that the property is suspected by the ownerof the property of being used in maintaining and carrying on any of theunlawful activities set forth in K.S.A. 22-3901 and amendments thereto.
History: L. 1970, ch. 129, § 22-3904;L. 1990, ch. 114, § 3;L. 2004, ch. 1, § 6; Mar. 4.