SB 1086 Modifies nuisance laws for certain political subdivisions and laws regarding rehabilitation of abandoned buildings
LR Number:4417L.04C Fiscal Note:4417-04
Committee:Local Government and Economic Development
Last Action:06/27/02 - Signed by Governor Journal page:
Title:CCS HCS SCS SBs 1086 & 1126
Effective Date:August 28, 2002
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Current Bill Summary

CCS/HCS/SCS/SBs 1086 & 1126 - This act allows the cities Independence and Excelsior Springs to order the abatement of weeds and trash within five business days after notice is sent or posted on the property. If the weeds or trash are not removed within five days, the city may have them removed and the cost of removal billed on a special tax bill to be collected by the collector with other taxes assessed against the property.

Kansas City is authorized to enact ordinances for the abatement of a condition on a lot that has vacant buildings or structures open to public entry.

Jefferson County is authorized to enact ordinance providing for the abatement of a number of conditions on lots or land that are considered unhealthy or unsafe and declared to be a public nuisance. The act provides for certain conditions that must be a part of the abatement ordinance. The ordinance must provide that the building commissioner shall cause the removal of the nuisance within seven days of giving notice to the owner, if such owner fails to remove the nuisance.

The act modifies provisions related to actions for temporary possession of real property filed by non-profit organizations to rehabilitate the property. Under current law, an organization petitioning for temporary possession of abandoned property must use the property for low- or moderate-income housing. This act deletes that requirement.

Currently, in Jackson County, such organization may seek title to the property after the expiration of the one-year period following entry of the order granting temporary possession. This act provides that the organization may seek title after completing the rehabilitation work. The owner of the property may seek repossession of the property before the rehabilitation is completed. The court shall decide whether to restore possession to the owner and, if so, how much compensation is owed by the owner to the organization for the rehabilitation work.

The act provides that the organization must file quarterly reports on its rehabilitation and use of the property. Under current law, the organization was required to file an annual report.

The owner of the property may petition the court for repossession of the property. The court must determine whether the owner is able to complete rehabilitation of the property if such work has not been completed by the organization. If the court determines that the owner is unable to complete the work, then the court shall not restore possession to the owner. If the owner is able to finish the rehabilitation or it has already been completed, then the court restore possession to the owner and determine appropriate compensation to the organization.

This act contains provisions that are similar to SB 682, HB 1213, and HB 1634 (2002).