SB 1044 Modifies provisions required to be in nuisance abatement ordinances enacted by municipalities and counties
Sponsor: Wasson
LR Number: 5065S.02I Fiscal Notes
Committee: Jobs, Economic Development and Local Government
Last Action: 2/22/2016 - Second Read and Referred S Jobs, Economic Development and Local Government Committee Journal Page: S364
Title: Calendar Position:
Effective Date: August 28, 2016

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Current Bill Summary

SB 1044 - Currently, a municipal or county nuisance ordinance must provide notice to the property owner or occupant by personal service or certified mail. This act allows for notice by mail so long as a signature from the recipient is required for delivery. In addition, current law provides that if service cannot be had by personal service or mail, then service may be had by publication. This act replaces service by publication with service by posting.

Currently, upon failure to commence work of reconditioning or demolition within a specified period of a time, a building commissioner shall call a hearing to determining if a building is a nuisance. Under this act, the building commissioner may call a hearing on determining if the building is a nuisance and giving the affected parties 10 days notice of a hearing, except in emergencies.

Currently, certain orders regarding nuisance properties issued by the building commissioner or other designated officer are required to be certified by the city clerk or officer in charge of finance. This act provides that the building commissioner or other office certifies such orders.

Under this act, the costs the municipality or county incurs in demolishing, repairing, securing, or cleaning the property may be added to the annual real estate tax bill for the property, and must be collected in the same manner as real estate taxes are collected. This act also provides that if the costs are not paid, the tax bill must be considered delinquent and collected in accordance with the laws governing delinquent and back taxes.

This act is identical to HB 2691 (2016), and is substantially similar to SCS/SB 387 (2015).