65-3410. Cities or counties authorized to provide for collection and disposal of solid wastes or contract therefor; fees; adoption of regulations and standards.
65-3410
65-3410. Cities or counties authorized to providefor collection anddisposal of solid wastes or contract therefor; fees; adoption ofregulations and standards.(a) Each city or county or combination of such cities and counties mayprovide for the storage, collection, transportation, processing anddisposal of solid wastes and recyclables generated within itsboundaries; and shall havethe powerto implement any approved solid waste management plan andto purchase all necessary equipment, acquire all necessary land,build any necessary buildings, incinerators, transfer stations, or otherstructures, lease or otherwise acquire the right to use land or equipmentand to do all other things necessary for a proper effective solid wastemanagement system and recycling program including the levying of feesand charges upon personsreceiving service. On or before the first day of July of each calendaryear, the board of county commissioners of any county, may, by resolutionestablish a schedule of fees to be imposed on real property within anycounty solid waste and recyclables service area, revenue from such feesto be used: To implement an approved solid waste management plan, to conductoperations necessary to administer the plan and to carry out its purposes andprovisions; orfor theacquisition, operation and maintenance of county waste disposal sites; or forfinancing waste collection, storage, processing,reclamation,disposal services and recycling programs, where such servicesare provided. In establishingthe schedule of fees, the board of county commissioners shall classify thereal property within the county solid waste and recyclables service areabased upon thevarious uses to which the real property is put, the volume of wasteoccurring from the different land uses and any other factors that the boarddetermines would reasonably relate the waste disposal and recyclable feeto the realproperty upon which it would be imposed.
The board shall set a reasonable fee for each category established anddivide the real property within the county service areas according tocategories and ownership. The board shall impose the appropriate fee uponeach division of land and provide for the billing and collection of suchfees. The fees may be established, billed, and collected on a monthly,quarterly or yearly basis. Fees collected on a yearly basis may be billedon the ad valorem tax statement. Prior to the collection of any fees leviedon real property by the board under this section, the board shall notifyaffected property owners by causing a copy of the schedule of fees to bemailed to each property owner to whom tax statements are mailed inaccordance with K.S.A. 79-2001, and amendments thereto.
Any fees authorized pursuant to this section which remain unpaid for a periodof 60 or more days after the date upon which they werebilled may be collected thereafter by the county as provided herein.
(1) At least once a year the board of county commissioners shall causeto be prepared a report of delinquent fees. The board shall fix a time,date, and place for hearing the report and any objections or proteststhereto.
(2) The board shall cause notice of the hearing to be mailed to the propertyowners listed on the report not less than 10 days priorto the date of the hearing.
(3) At the hearing the board shall hear any objections or protests ofproperty owners liable to be assessed for delinquent fees. The board maymake such revisions or corrections to the report as it deems just, afterwhich, by resolution, the report shall be confirmed.
(4) The delinquent fees set forth in the report as confirmed shallconstitute assessments against the respective parcels of land and are alien on the property for the amount of such delinquent fees. A certifiedcopy of the confirmed report shall be filed with the county clerk for theamounts of the respective assessments against the respective parcels ofland as they appear on the current assessment roll. The lien createdattaches upon recordation, in the office of the county clerk of the countyin which the property is situated, of a certified copy of the resolution ofconfirmation. The assessment may be collected at the same time and in thesame manner as ordinary county ad valorem property taxes are collected andshall be subject to the same penalties and the same procedure and sale incase of delinquency as provided for such taxes. All laws applicable to thelevy, collection, and enforcement of county ad valorem property taxes shallbe applicable to such assessment.
Any city collecting solid waste fees or charges may collect delinquentfees or charges for garbage and trash storage, collection and disposal inthe manner provided for counties.
(b) In carrying out its responsibilities, any such city or county mayadopt ordinances, resolutions, regulations and standardsto implement an approved solid waste management plan, to conduct operationsnecessary to administer the plan and to carry out its purposes and provisions;andfor the storage,collection, transportation, processing and disposal of solid wastes andrecyclables whichshall be in conformity with the rules, regulations, standards andprocedures adopted by the secretary for the storage, collection,transportation, processing and disposal of solid wastes and recyclables.
(c) Cities or counties may contract with any person, city, county, otherpolitical subdivision or state agency in this or other states to carry outtheir responsibilitiesto implement an approved solid waste management plan including anyoperations necessary to administer the plan and carry out its purposes andprovisions; andfor the collection, transportation, processing anddisposal of solid wastes and recyclables.
History: L. 1970, ch. 264, § 10;L. 1972, ch. 239, § 1;L. 1974, ch. 257, § 1;L. 1974, ch. 352, § 163;L. 2004, ch. 163, § 4;L. 2009, ch. 117, § 1; July 1.