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SB 731 - Under current law, property in certain counties and cities is considered a nuisance if it adversely affects the property values of a neighborhood due to neglect or violation of a code or standard in addition to other reasons. This act provides that the property is also a nuisance if it affects the value of any property in the neighborhood and adds the actions of failure to reasonably maintain the property and violations of ordinances to the list of actions that lead to liability for the nuisance. Current law allows a neighborhood organization to bring a nuisance action for injunctive relief. This act provides that anyone who owns property within a reasonable distance to the nuisance may also bring an action for injunctive relief. This act allows a property owner or neighborhood organization that prevails in a nuisance action to be awarded attorneys' fees and provides that such fees be entered as a judgement against the property owner that, if properly filed, constitutes a lien against the property. Under this act, provisions regarding a neighborhood association's ability to bring nuisance actions that currently apply to Kansas City are made to also apply to the City of St. Louis. This act modifies the definitions governing these provisions and the notice requirements for such actions. Current law prohibits nuisance actions against residential rental properties by neighborhood organizations under these provisions unless the municipal code enforcement agency has issued a nuisance violation notice at least 45 days before the action is brought. This act repeals the limitation and provides that the action may not be brought if there is a citation pending against the property by the city based on a violation of the same code or ordinance provision. This act repeals a provision of current law, which specifies that standing is not granted under the statutes for a nuisance action involving a physical interior defect or a violation of municipal alcoholic beverages laws. MEGHAN LUECKE
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