City attorney files civil case in district court regarding south Topeka residence

(KSNT Photo/Willis Scott)

TOPEKA, Kan. (KSNT) – The Topeka City Attorney filed a civil case, Thursday, in Shawnee County District Court, seeking to abate a nuisance regarding a residence in South Topeka. 

The City of Topeka said the case involves a house in the 2400 block of SW Beverly Court. The nuisance abatement case, commonly referred to as a “padlock” case, is authorized under Kansas statues when real or personal property is being used to carry on certain types of unlawful activities. 

According to the City, the Topeka Police Department has been involved in no less than 84 incidents at the residence, many of which involved narcotics activities and resulting in multiple arrests. 

“The owners of the home were notified of the activities in October of 2016 and, since that time, the unlawful activity at the property has continued. These events prompted the filing of the “padlock” case,” said City of Topeka Spokeswoman Amy McCarter. 

The court has various options available to it when considering this type of case. According to the city, if the court finds that the owner of the property knew or should have known of the unlawful activities, and did not make a bona fide attempt to abate the nuisance, the court can order any building or structure located on the property to be padlocked for up to two years. A civil penalty of up to $25,000 and attorney’s fees can also be recovered.

 

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