SB 134 Allows people to seek injunction or other relief for a code violation for abatement of a nuisance in Kansas City
Sponsor: Wheeler
LR Number: 0569S.01I Fiscal Note: 0569-01
Committee: Economic Development, Tourism & Local Government
Last Action: 2/23/2005 - SCS SBs 134, 135 & 139 Voted Do Pass S Economic Development, Tourism & Local Government Committee (0569S.02C) Journal Page:
Title: SCS SBs 134, 135 & 139 Calendar Position:
Effective Date: August 28, 2005

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Current Bill Summary


SCS/SBs 134, 135 & 139 - This act concerns actions to stop nuisances.

SECTIONS 82.301 to 82.305 - This act provides that a neighborhood organization representing persons aggrieved by a code violation may seek injunctive and other equitable relief in the circuit court for abatement of the nuisance upon showing: 1) The notice requirements have been satisfied and 2) The nuisance still exists and has not been abated.

This act limits when such an action may be brought. It must be at least 60 days after the organization sends notice to the appropriate municipal agency. The action may not be brought if the municipal code enforcement agency has filed an action for equitable relief from the nuisance. Also, it must be at least 60 days after the organization sends notice to the tenant and property owner. If notice by mail is not returned, is refused, or signed for by a person other than the addressee, notice can be given by sending a copy by mail and posting a copy on the property.

This act requires notice to include the nature of the alleged nuisance, the date and time it was first discovered, the location of the nuisance, and the relief sought.

In filing a suit, an officer of the neighborhood organization shall certify to the court that the organization has taken steps to satisfy the notice requirements and that each condition needed for filing has been met.

Under this act, an action may not be brought against an owner of residential rental property unless a notice of violation has first been issued by an appropriate municipal code enforcement agency and remains outstanding after 45 days.

If a violation notice is an essential element of the municipal enforcement action, a copy of the notice signed by an official from the agency shall be prima facie evidence of the facts within the notice. A notice of abatement issued by the agency is evidence that the plaintiff is not entitled to the requested relief.

Under this act, a proceeding must be heard at the earliest date practicable and be expedited.

A political subdivision of the state and its agencies shall not be subject to any action resulting from an action against a private property owner under this act.

Nothing in this act may be construed as to abrogate any equitable or legal right or remedy otherwise available under the law. This act may not be construed to grant standing for actions challenging zoning applications, involving the interior physical defect of property, or involving a municipal alcohol law.

SECTIONS 447.620 to 447.625 - This act amends the Missouri Abandoned Housing Act. The Missouri Abandoned Housing Act allows nonprofit organizations to file suit in circuit court against vacant, blighted homes which depress adjoining property values and attract crime. If no owner can be found, or the owner refuses to repair the house, the court can transfer ownership to the nonprofit organization which can then sell it to a new occupant. The nonprofit retains from the sale proceeds its repair costs, and returns the balance to the former owner, if any. This act amends the current law by requiring a house to have been vacant for six months instead of one month (as in current law) in order to meet one of the conditions indicating that a house has been abandoned. This act allows the use of expedited procedures in any home rule city rather than in Kansas City only. This act also requires the nonprofit organization to be at least six months old. The act also requires the property owner to file a compensation claim prior to the court’s final order conveying property to the organization.

SECTION 82.1025 - This act allows neighborhood organizations, when representing a person who could maintain a nuisance action, to bring an action for injunctive relief.

Certain provisions of this act are similar to certain provisions in CCS/SS/SCS/HCS/HB 58 (2005).

SUSAN HENDERSON