Commission discusses clearer process for right‑of‑way and nuisance enforcement; considers civil injunction option

Commissioners addressed repeated complaints about objects in county rights of way and persistent nuisance properties along county roads. Staff described recent cases where constituents reported tires, vehicles and large equipment placed in or near public right of way and where prior notices did not lead to remediation.

The county counselor advised that filing a civil injunction can give the county a court order authorizing removal of items and charge back the county’s removal costs to the landowner. Commissioners discussed alternatives: progressive fines (statutory penalties were characterized as low, e.g., a small per-day penalty), using nuisance hearings, or county remediation followed by charging the landowner for removal. Commissioners asked for a clear, consistently used process: a phone call/notice followed by a written letter, CC to commissioners and the sheriff, and a timetable that would allow staff to return with a recommendation for thresholds and cost-recovery language. Commissioners asked Northeast Kansas Environmental Services staff (who already issue similar letters) to CC the commission on letters going out and to work with county counsel to harmonize wording and timelines.

On a related matter, commissioners reviewed a specific property on Bellevue Drive where a previously addressed structure had been removed and a new mobile home placed without permits. Floodplain maps and prior action were discussed; staff noted that nonconforming structures may lose grandfathered status if vacant for six months or substantially altered. County staff will prioritize sending a formal letter, ensuring coordination between NEKES, road and bridge staff and county counsel, and return with a recommended enforcement timeline and draft letter.