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SCS/SB 553 - This act modifies various provisions regarding local ordinances for nuisances, requiring certain companies who own real property to file an affidavit with the city clerk, and municipal and minor traffic violations. NUISANCE ABATEMENT Currently, cities and counties may enact an ordinance to provide for the abatement of nuisances, and the ordinance must require notice to the property owner and, if the owner does not occupy the premises, to any occupant. This act removes the requirement that notice is to be given to the occupant (Section 67.398). Additionally, cities may currently enact ordinances providing for vacation and mandatory demolition of buildings determined to be dangerous to the health, safety or welfare of residents and declared to be a public nuisance, which must include notice by certified mail, personal service, or publication. This act provides that notice to interested parties may be served by a private delivery service, substantially equivalent to certified mail (Section 67.410). LIMITED LIABILITY COMPANIES - SPRINGFIELD Currently, limited liability companies leasing real property to others or owning unoccupied real property in Kansas City or Independence are required to file an affidavit with the city clerk listing the manager of the property. This act applies this requirement to real property leased by an LLC in the city of Springfield (Section 347.048). MUNICIPAL ORDINANCE AND MINOR TRAFFIC VIOLATIONS A provision prohibiting a municipal judge from serving as a municipal judge in more than five municipalities is repealed (Section 479.020). The term "annual general operating revenue," as applied in provisions regarding the assessment of fines in minor traffic violation and municipal ordinance violation cases, is modified (Section 479.350). Currently, for minor traffic violations a person cannot be assessed a fine in excess of $250 and in municipal ordinance violations a person cannot be assessed more than $200 for the first offense, $275 for the second offense, $350 dollars for the third offense, and $450 for subsequent offenses. This act removes these monetary limits on fines. If a defendant charged with a minor traffic or municipal ordinance violation fails to appear and the court finds there is not good cause for failing to appear, then the court may order the suspension of the defendant's driver's license, that the defendant serve community service, or that the defendant pay a civil penalty. If a civil penalty is ordered and the defendant fails to pay, then the court may submit to the Department of Revenue for collection of the penalty through setoff against any state tax refund owed. If a defendant's license is suspended and he or she subsequently operates a motor vehicle, then the defendant shall be guilty of a misdemeanor under the provisions regarding driving without a proper license (Sections 143.783, 302.321, 479.353). Under current law, a county or municipality that has a municipal court must submit a financial report to the auditor. This act provides that a county or municipality will meet compliance with this requirement by filing a statement confirming that twenty percent or less of its general revenue comes from fines, bond forfeitures, and court costs in municipal court cases (Section 479.359). Currently, counties and towns with a municipal court must file with the State Auditor a report demonstrating compliance with certain municipal court procedures. One procedure is that the municipal court is to make use of community service alternatives at no cost to the defendant. This act removes the provision stating that the community service alternatives are to be offered at no cost to the defendant (Section 479.360). JESSI JAMES
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