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Ex. DUT-KS-012 Standing duty Primary source read

K.S.A. 65-159, Nuisances, sources of filth and causes of sickness; examination; orders to owner or occupant; penalty

65-159. Nuisances; power of secretary and county boards to abate; penalties

Kansas Legislature (K.S.A., Revisor of Statutes) · Kansas (State)

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The record

Jurisdiction
Kansas
Level
State
Authority
K.S.A. 65-159
Issued
2021-01-01 Jan. 1, 2021
Effective
standing throughout 2020-2021 (read as 2021-01-01)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOperating conditionOther
Addressees
  • owners or persons in control of premises
Character
sanitary code duty
Collection
Standing duties: Kansas DUT-KS

Operative words

The secretary of health and environment and the county or joint boards of health shall have the power and authority to examine into all nuisances, sources of filth and causes of sickness... [and] to order, in writing, the owner or occupant thereof at his or her own expense to remove the nuisance, source of filth or cause of sickness within twenty-four (24) hours

Penalty

fine of $10 to $100 upon conviction, 'and each day's continuance... after the owner or occupant thereof shall have been notified... shall be a separate offense'

What it required

Bound every owner and occupant of private property, including every business premises, to remove at its own expense any 'cause of sickness' the Secretary or county board found and ordered abated, within twenty-four hours or the time ordered; the sanitary-nuisance vehicle available to every county board of health against a premises that would not follow the protocols.

Retrieval note

The Attorney General's Addendum 3 compares civil enforcement of the mask order to 'civil abatement of a common nuisance' (DUT-KS-019 at 2). Food establishments were separately bound by the licensing and inspection sections K.S.A. 65-689 and 65-691 (no license, no operation; inspection; suspension or revocation for noncompliance) and by the Kansas Food Code adopted by K.A.R. 4-28-8 (employee illness exclusion, handwashing, cleaning and sanitizing); read on ksrevisor.gov and law.cornell.edu Sept. 28, 2026; verified_secondary; not exhibited within the twenty-exhibit limit.