SCS/HB 761- This act modifies provisions relating to local government.
ABATEMENT OF NUISANCES ON PRIVATE PROPERTY. (Section 67.043).
This act provides the city of Springfield may enact ordinances to provide for the abatement of a condition on any lot or land that has the presence of a nuisance. This act contain a non-exhaustive list of property conditions that are nuisances.
The owner of the property where the nuisance is located shall receive written notice of any ordinance authorized by the provisions of this act. This notice shall give the property owner not less than ten days to abate or begin the removal of every nuisance identified in the notice unless the nuisance presents an immediate identifiable risk to public health or safety. Such written notice must meet certain criteria, which are detailed in the provision of this act.
Upon the failure of the property owner to pursue the removal or abatement of the nuisance, the building commissioner or designated officer may remove or abate the condition causing the nuisance. Some of the costs incurred by the city in removing or abating a nuisance may be recoverable. These recoverable costs include, but are not limited to, title report fees, mailings and postings, administrative fees, and contractor fees. If certified, the city clerk or other officer in charge of finance shall have the option of including these costs in a special tax bill or added to the real estate tax bill of the property owner.
A special tax bill for purposes of this act is both a personal debt of the property owner and a lien against the property. Also, a special tax bill shall bear interest at the legal rate and may be foreclosed upon by the city in circuit court. Costs added to the real estate tax bill of the property owner are additions to the tax already owed by the property owner and are not considered a municipal lien. However, these additions will run with the land and shall not be extinguished by the transfer of the property.
Finally, this act provides if the nuisance on the property is overgrown vegetation or weeds that are seven inches or more in height, the city may provide one-time notice to the property owner in a manner that is only available for this particular nuisance.
These provisions are similar to SB 320.
TRANSIENT GUEST TAXES (Section 94.842).
This act authorizes the City of Springfield to submit to the voters a transient guest tax not to exceed 7.5% of the charges per occupied room per night. Such tax shall be used solely for capital investments that can be demonstrated to increase the number of overnight visitors.
Upon approval by the voters, the city may adopt rules and regulations for the internal collection of the tax, or may enter into an agreement with the Department of Revenue for the collection of the tax.
These provisions are identical to SB 387 (2019).
FINANCIAL REPORTS OF POLITICAL SUBDIVISIONS (Section 105.145).
This act specifies that any fine received by a political subdivision for failing to timely file an annual financial statement shall not exceed 10% of the total sales and use tax distribution for the fiscal year of the statement filed. If the failure to submit the statement was a result of fraud or other illegal conduct by any employee, the failure shall not result in a fine if the statement is filed within 30 days of discovering the fraud or illegal conduct. Any political subdivision that has gross revenues of less than $5,000 or fails to collect and levy sales or use taxes shall not be subject to the fine authorized in the provisions of this act. In addition, the Director of the Department of Revenue shall have the authority to make a one-time downward adjustment to any fine he or she deems uncollectable.