SCS/HS/HCS/HB 977 & 1608 - This act revises three methods for the rehabilitation or destruction of deteriorated or dangerous buildings.

NUISANCE ACTIONS - The statutory provision for nuisance actions by neighbors of deteriorated or neglected property is expanded. These private nuisance actions may be brought in St. Louis County (in addition to St. Louis City and Kansas City). They may be brought for any building code violation which affects property values in a neighborhood. Court costs may be recovered by the petitioner. (Section 82.1025)

PROPERTY ABATEMENT - The act revises provisions in Chapter 441, RSMo, which allow civil actions against nuisance properties to force them to be rehabilitated or demolished. The property must be deemed a threat to the public health, safety or welfare by the code official. The petition shall ask for the appointment of a receiver to perform an abatement. The receiver shall receive the future rents payments to apply to the abatement of the nuisance. Current law allows the owner or a receiver to use the money.

The court may appoint a local housing corporation as the receiver in addition to current options. The owner may no longer be the receiver. Interested parties may improve the property if they post security with the court. If all lienholders refuse to serve as receiver, the local housing development corporation shall have a right of first refusal to be the receiver (if 4 units or less).

The petition may currently be filed by the city, 1/3 of the occupants of the building, a non-profit housing organization, or a close neighbor. This act adds counties and removes the occupants, non-profit organizations and neighbors. The act removes the prohibition against certain actions by the owner, such as rent increases or service decreases. Single family homes are included in the law. The petitioner must pay for the defendant's attorney fees if the petition was frivolous.

ASBESTOS ABATEMENT - Geographical and time restrictions are removed for demolition of small vacant structures in St. Louis City, as long as the National Emissions Standards for Asbestos are followed. Structures to be demolished in St. Louis City need not be geographically dispersed.
MICHAEL HOEFERKAMP