What exactly can happen if a house or building in Saline County is considered a nuisance? There is an ordinance for that — and it gives the county a process for notifying the property owner, allowing them a chance to be heard, and, in some circumstances, having the structure removed.
Here’s what Saline County Ordinance 2005-44 says, translated from government-speak into plain English.
🧐 What does this ordinance cover?
Ordinance 2005-44 deals with houses, buildings and other structures in Saline County that have been found and formally declared to be a nuisance by the Saline County Quorum Court.
In other words, this isn’t simply a rule saying that a property looks messy and somebody can immediately knock it down. There is a formal process involved, and the property has to be declared a nuisance through a Quorum Court resolution.
📭 The property owner gets notice
Before the Quorum Court considers a resolution declaring a property a nuisance, the ordinance says that the owner — along with any mortgage holder or lienholder — is supposed to receive written notice telling them when and where the Quorum Court will consider the matter.
The notice is also supposed to tell them that they have a right to be heard at the meeting.
If the owner or other interested parties can’t be located, the ordinance provides additional procedures involving posting notice on the property, affidavits, publication and notification of the person’s last known address.
👨⚖️ What happens if the Quorum Court declares it a nuisance?
If the Quorum Court officially declares the house, building or structure to be a nuisance, the resolution is supposed to describe the property, identify the owners and other interested parties when they are known, and explain why the property was condemned as a nuisance.
A copy of the resolution is then mailed to the known owners, mortgagees and lienholders, and a copy is posted in a conspicuous place on the property.
⏳ And then the clock starts ticking
Once the resolution has been posted on the property, the owner has 30 days to tear down and remove the structure or otherwise correct the nuisance.
If that doesn’t happen within those 30 days, the ordinance allows the Saline County Judge or a person designated by the judge to have the structure torn down or removed.
🏷️ Could the county sell the building?
Possibly.
The ordinance says that if the structure or materials have substantial value, they may be sold at a public sale to the highest bidder for cash. The ordinance requires 10 days’ notice of the sale through one publication in a newspaper with general circulation in the county.
So, yes, in the right circumstances, an old structure that the county is removing could potentially have some of its value recovered through a public sale.
💸 What happens to the money?
The money from a sale, along with fines collected under the ordinance, goes to the Saline County Treasurer.
If the amount received from selling the structure or its materials is more than the county’s costs for dealing with the nuisance — including cleaning up the property — plus any fines, the ordinance says the remaining money is returned to the former owner.
In plain English: the county doesn’t simply get to keep every dollar generated from the sale. The ordinance provides for the costs and fines to be paid first, with any remaining balance going back to the former owner.
💰 But what if the cleanup costs the county money?
That’s where a property lien comes into play.
If Saline County has net costs associated with removing the nuisance, the ordinance says the county can place a lien on the property for those costs.
The ordinance provides two ways for that lien to be enforced. One allows the county to bring an action in Circuit Court within 18 months after the work is done. The other involves a hearing before the county’s governing body after required notice to the property owner.
If the amount is determined through that hearing, the ordinance provides for a 10% collection penalty, and the amount can be certified to the county Tax Collector and placed on the tax books as delinquent taxes.
🧾 There can also be fines
The ordinance establishes a fine of $250 to $500 against the owner of a property that has been declared a nuisance, beginning 30 days after the nuisance was officially declared, provided the required notice was given.
After that, each additional day that the nuisance remains uncorrected is considered a separate offense, with a $250 fine for each day.
That means the potential financial consequences can continue to grow if a property remains a declared nuisance after the deadline.
🏛️ There’s also a court route
The ordinance gives the Quorum Court another option: asking a court to formally declare a particular house, building or structure to be a nuisance.
If a court makes that declaration, the ordinance provides for a $100 fine against the owner starting on the date of the court’s finding, plus another $100 for each day the nuisance remains unabated.
If the owner doesn’t follow the court’s orders, the county can proceed with the removal and sale provisions described elsewhere in the ordinance.
👀 Let’s summarize
The 10 step process is as follows:
- The county identifies a house, building or structure that is considered a nuisance.
- The property owner and other known interested parties receive notice.
- The owner has a chance to be heard before the Quorum Court.
- The Quorum Court can formally declare the property a nuisance.
- A copy of the resolution is mailed and posted on the property.
- The owner has 30 days to correct the problem or remove the structure.
- If that doesn’t happen, the county can arrange for the structure to be removed.
- The county may be able to sell the structure or salvageable materials.
- Cleanup and other allowable costs can be recovered, including through a lien against the property.
- Fines can also apply while the nuisance remains unabated.
🧏♀️ One important thing to remember
This ordinance is specifically about a property being formally declared a nuisance through the process established by the ordinance. It does not mean that every property that is overgrown, run-down or simply unpopular with the neighbors can automatically be condemned and demolished.
As with any local law, the actual circumstances of a particular property matter, and other state or local laws may also apply.
Why does Saline County have this ordinance?
The ordinance says its purpose is to provide for the condemnation and removal of houses, buildings and structures that constitute nuisances, and it cites the county’s authority to regulate unsanitary conditions and protect the health, safety and welfare of county residents.
It was approved on August 16, 2005, and that amended an earlier 2002 ordinance. The provisions are now included in the Saline County Code under the section dealing with condemnation and removal of houses, buildings and structures constituting a nuisance.
Browse more Ordinances Explained, in the archive at www.mysaline.com/ordinances.
