HOUSE BILL NO. 1258 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE OWEN.
2662H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 67.399, 82.1025, 82.1026, 82.1027, and 82.1031, RSMo, and to enact in lieu thereof six new sections relating to nuisance actions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 67.399, 82.1025, 82.1026, 82.1027, and 82.1031, RSMo, are 2 repealed and six new sections enacted in lieu thereof, to be known as sections 67.399, 67.452, 3 82.1025, 82.1026, 82.1027, and 82.1031, to read as follows: 67.399. 1. The governing body of any municipality or county with a charter form of 2 government and with more than one million inhabitants may, by ordinance, establish a 3 semiannual registration fee not to exceed two hundred dollars which shall be charged to the 4 owner of any parcel of residential property improved by a residential structure, or commercial 5 property improved by a structure containing multiple dwelling units, that is vacant, has been 6 vacant for at least six months, and is characterized by violations of applicable housing codes 7 established by such municipality. 8 2. The municipality shall designate a municipal officer to investigate any property 9 that may be subject to the registration fee. The officer shall report [his] such officer's 10 findings and recommendations, and shall determine whether any such property shall be 11 subject to the registration fee. Within five business days, the clerk of the municipality or 12 county with a charter form of government and with more than one million inhabitants shall 13 notify by mail the owners of property on which the registration fee has been levied at their 14 last known address according to the records of the city and the county. The property owner 15 shall have the right to appeal the decision of the office to the municipal court within thirty 16 days of such notification. Absent the existence of any valid appeal or request for
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1258 2
17 reconsideration pursuant to subsection 3 of this section, the registration fee shall begin to 18 accrue on the beginning of the second calendar quarter after the decision of the municipal 19 officer. 20 3. Within thirty days of the municipality or county with a charter form of government 21 and with more than one million inhabitants making such notification, the property owner may 22 complete any improvements to the property that may be necessary to revoke the levy of the 23 registration fee, and then may request a reinspection of the property and a reconsideration of 24 the levy of the registration fee by the municipality or county with a charter form of 25 government and with more than one million inhabitants. If the municipal or county officer 26 revokes the registration fee, no such assessment shall be made and the matter shall be 27 considered closed. If the officer affirms the assessment of the registration fee, the property 28 owner shall have the right to appeal the reconsideration decision of the officer to the 29 municipal court within thirty days of such decision. Absent the existence of any valid appeal 30 to the municipal court or other court of competent jurisdiction, the registration fee shall begin 31 to accrue on the beginning of the second calendar quarter after the reconsideration decision of 32 the municipal governing body. 33 4. The municipal governing body shall establish by ordinance procedures for payment 34 of the registration fee and penalties for delinquent payments of such fees. Any registration 35 fees which are delinquent for a period of one year shall become a lien on the property and 36 shall be subject to foreclosure proceedings in the same manner as delinquent real property 37 taxes. The owner of the property against which the assessment was originally made shall be 38 able to redeem the property only by presenting evidence that the violations of the applicable 39 housing code cited by the municipal officers have been cured and presenting payment of all 40 registration fees and penalties. Upon bona fide sale of the property to an unrelated party said 41 lien shall be considered released and the delinquent registration fee forgiven. 42 5. (1) The governing body of the following may enact ordinances as provided in 43 this subsection: 44 (a) Any county with more than one million inhabitants; and 45 (b) Any city or village in any county with more than one million inhabitants. 46 (2) The governing body of any county, city, or village listed in subdivision (1) of 47 this subsection may enact ordinances to provide for the building official of the county, 48 city, or village, or any authorized representative of the building official, to petition the 49 circuit court in which a vacant nuisance building or structure is located for the 50 appointment of a receiver to rehabilitate the building or structure, to demolish it, or to 51 sell it to a qualified buyer. 67.452. 1. As used in this section, the following terms mean: HB 1258 3
2 (1) "Code or ordinance violation", a violation under the provisions of a 3 municipal or county code or ordinance that regulates fire prevention, animal control, 4 noise control, property maintenance, building construction, health, safety, neighborhood 5 detriment, sanitation, or nuisances; 6 (2) "Neighborhood organization", a Missouri not-for-profit corporation that: 7 (a) Is a bona fide community organization formed for the purpose of 8 neighborhood preservation or improvement in an area of a county, city, or village 9 with defined limits and boundaries described in the organization's articles of 10 incorporation or bylaws; 11 (b) Has a board of directors composed of individuals, at least half of whom 12 maintain their principal residence in the area of a county, city, or village described in the 13 organization's articles of incorporation or bylaws; and 14 (c) Is recognized by the federal Internal Revenue Service as tax exempt under 15 the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or 16 the corresponding section of any future tax code; 17 (3) "Nuisance", an activity or condition created, performed, maintained, or 18 permitted to exist on private property that constitutes a code or ordinance violation, 19 whether or not the property has been cited by the county, city, or village in which the 20 property is located; or, if the property is in a deteriorated condition, due to neglect or 21 failure to reasonably maintain, abandonment, failure to repair after a fire, flood, or 22 some other deterioration of the property, or there is clutter on the property such as 23 abandoned automobiles, appliances, or similar objects; or, with respect to commercial, 24 industrial, or vacant property, if the activity or condition on the property encourages, 25 promotes, or substantially contributes to unlawful activity within three hundred feet of 26 the property; or if any activity or condition: 27 (a) Diminishes the value of the neighboring property; 28 (b) Is injurious to the public health, safety, security, or welfare of neighboring 29 residents or businesses; or 30 (c) Impairs the reasonable use or peaceful enjoyment of other property in the 31 neighborhood. 32 2. This section applies to a nuisance located within the boundaries of any: 33 (1) County with more than one million inhabitants; or 34 (2) City or village located within the boundaries of any county with more than 35 one million inhabitants. 36 3. Any property owner who owns property within one thousand two hundred 37 feet of a parcel of property that is alleged to be a nuisance may bring a nuisance action 38 under this section against the offending property owner for the amount of damage HB 1258 4
39 created by such nuisance to the value of the petitioner's property including, but not 40 limited to, diminution in value of the petitioner's property and court costs. 41 4. An action for injunctive relief to abate a nuisance may be brought against the 42 offending property owner under this section by: 43 (1) Anyone who owns property within one thousand two hundred feet of a 44 property that is alleged to be a nuisance; or 45 (2) A neighborhood organization: 46 (a) On behalf of any person or persons who own property within the boundaries 47 of the geographic area described in the articles of incorporation or bylaws of the 48 neighborhood organization and who could maintain a nuisance action under this section 49 or under the common law of private nuisance; or 50 (b) On the neighborhood organization's own behalf with respect to a nuisance on 51 property anywhere within the geographic boundaries described in the articles of 52 incorporation or bylaws of the neighborhood organization. 53 5. (1) An action shall not be brought under this section until sixty days after the 54 party who brings the action has mailed notice of intent to bring an action under this 55 section, postage prepaid, to: 56 (a) The tenant, if any, or to "occupant" if the identity of the tenant cannot be 57 reasonably ascertained, at the property's address; and 58 (b) The property owner of record at the last known address of the property 59 owner on file with the county, city, or village or, if the property owner is a corporation or 60 other type of limited liability company, to the property owner's registered agent at the 61 agent's address of record. 62 (2) Such notice shall state that a nuisance exists and that legal action may be 63 taken against the owner of the property if the nuisance is not eliminated within sixty 64 days after the date on the mailed notice. 65 (3) If the notice is returned unclaimed or refused, designated by the United 66 States Postal Service to be undeliverable, or signed for by a person other than the 67 addressee, adequate and sufficient notice shall be provided by posting a copy of the 68 notice on the property where the nuisance allegedly is occurring. A sworn affidavit by 69 the person who mailed or posted the notice describing the date and manner that notice 70 was given shall be sufficient evidence to establish that the notice was given. 71 (4) The notice shall specify: 72 (a) The act or condition that constitutes the nuisance; 73 (b) The date the nuisance was first discovered; 74 (c) The address of the property and location on the property where the act or 75 condition that constitutes the nuisance is allegedly occurring or exists; and HB 1258 5
76 (d) The relief sought in the action. 77 6. A proceeding under this section shall: 78 (1) Be heard at the earliest practicable date; and 79 (2) Be expedited in every way. 80 7. When a property owner or neighborhood organization brings an action under 81 this section for injunctive relief to abate a nuisance, a prima facie case for injunctive 82 relief is made upon proof that a citation has been issued by the county, city, or village 83 with jurisdiction over the property that is subject to an action under this section. An 84 action for injunctive relief to abate a nuisance shall be heard by the court without a jury 85 and shall not require proof that the party bringing the action has sustained damage or 86 loss as a result of the nuisance. 87 8. A copy of a notice of citation issued by the county, city, or village with 88 jurisdiction over the property that is subject to an action under this section that shows 89 the date the citation was issued shall be prima facie evidence of whether and for how 90 long the property has been in violation of the code or ordinance provisions provided in 91 the citation. 92 9. When a property owner or neighborhood organization bringing the action 93 prevails in such action, such property owner or organization may be entitled to an 94 award for attorneys' fees and expenses, based on the amount of time reasonably 95 expended, as ordered by the court, which award for attorneys' fees and expenses shall 96 be entered as a judgment against the owner of the property on which the act or 97 condition constituting the nuisance occurred or was located. 98 10. (1) This section shall not be construed as to abrogate any equitable or legal 99 right or remedy otherwise available under the law to abate a nuisance. 100 (2) This section shall not be construed to grant standing for an action 101 challenging any zoning application or approval. 102 11. If a property owner sued under this section pleads and proves that a 103 condition alleged by the plaintiff to be a nuisance is the subject matter of an order of the 104 state department of natural resources, the United States Environmental Protection 105 Agency, or the office of the Missouri attorney general and further pleads and proves 106 that the property is in compliance with such order with respect to such condition, such 107 proof shall be an affirmative defense to plaintiff's claim that such condition is subject to 108 one or more of the remedies provided for under this section. 82.1025. 1. Sections 82.1025, 82.1027 and 82.1030 apply to a nuisance located 2 within the boundaries of: 3 (1) Any city not within a county [or in]; HB 1258 6
4 (2) Any home rule city with at least three hundred fifty thousand inhabitants which is 5 located in more than one county; 6 (3) Any home rule city with more than one hundred sixty thousand but fewer 7 than two hundred thousand inhabitants; or 8 (4) Any home rule city with more than seventy-one thousand but fewer than 9 seventy-nine thousand inhabitants. 10 2. Any property owner who owns property within one thousand two hundred feet of a 11 parcel of property [which] that is alleged to be a nuisance may bring a nuisance action under 12 this section against the offending property owner for the amount of damage created by such 13 nuisance to the value of the petitioner's property, including diminution in value of the 14 petitioner's property, and court costs. 15 3. An action for injunctive relief to abate a nuisance may be brought under this 16 section by: 17 (1) Anyone who owns property within one thousand two hundred feet to a property 18 which is alleged to be a nuisance; or 19 (2) A neighborhood organization, as defined in section 82.1027, on behalf of any 20 person or persons who own property within the boundaries of the neighborhood or 21 neighborhoods described in the articles of incorporation or bylaws of the neighborhood 22 organization and who could maintain a nuisance action under this section or under the 23 common law of private nuisance, or on its own behalf with respect to a nuisance on property 24 anywhere within the boundaries of the neighborhood or neighborhoods. 25 4. An action shall not be brought under this section until sixty days after the party 26 who brings the action has [sent written] mailed notice of intent to bring an action under this 27 section [by certified mail, return receipt requested], postage prepaid, to: 28 (1) The tenant, if any, or to "occupant" if the identity of the tenant cannot be 29 reasonably ascertained, at the property's address; and 30 (2) The property owner of record at the last known address of the property owner on 31 file with the county or city, or, if the property owner is a corporation or other type of limited 32 liability company, to the property owner's registered agent at the agent's address of record; 33 34 that a nuisance exists and that legal action may be taken against the owner of the property if 35 the nuisance is not eliminated within sixty days after the date on the [written] mailed notice. 36 If the notice [sent by certified mail] is returned unclaimed or refused, designated by the post 37 office to be undeliverable, or signed for by a person other than the addressee, then adequate 38 and sufficient notice shall be provided by posting a copy of the notice on the property where 39 the nuisance allegedly is occurring. A sworn affidavit by the person who mailed or posted the HB 1258 7
40 notice describing the date and manner that notice was given shall be sufficient evidence to 41 establish that the notice was given. The notice shall specify: 42 (a) The act or condition that constitutes the nuisance; 43 (b) The date the nuisance was first discovered; 44 (c) The address of the property and location on the property where the act or 45 condition that constitutes the nuisance is allegedly occurring or exists; and 46 (d) The relief sought in the action. 47 5. A copy of a notice of citation issued by the city or county that shows the date the 48 citation was issued shall be prima facie evidence of whether and for how long [a citation has 49 been pending against the property or the property owner] the property has been in violation 50 of the code or ordinance provisions described in the citation. 51 6. A proceeding under this section shall: 52 (1) Be heard at the earliest practicable date; and 53 (2) Be expedited in every way. 54 7. When a property owner or neighborhood organization brings an action under this 55 section for injunctive relief to abate a nuisance, a prima facie case for injunctive relief shall be 56 made upon proof that a nuisance exists on the property. [Such] An action for injunctive 57 relief to abate a nuisance shall be heard by the court without a jury and shall not require 58 proof that the party bringing the action has sustained damage or loss as a result of the 59 nuisance. 60 8. [With respect to an action under this section against the owner of commercial or 61 industrial property,] When a property owner or neighborhood organization bringing the action 62 prevails in such action, such property owner or organization may be entitled to an award for 63 [its reasonable] attorneys' fees and expenses, based on the amount of time reasonably 64 expended, as ordered by the court, [incurred in bringing and prosecuting the action,] which 65 award for attorneys' fees and expenses shall be entered as a judgment against the owner of the 66 property on which the act or condition constituting the nuisance occurred or was located. 67 [9. Property owners bringing a lawsuit based on the prima facie case standard under 68 subsections 5 and 7 of this section, or seeking attorney fees and expenses under subsection 8 69 of this section, shall be limited to lawsuit