Section 82.1025

Title VII CITIES, TOWNS AND VILLAGES

Chapter 82

Effective - 28 Aug 2019, 4 histories   

  82.1025.  Nuisance action for deteriorated property in St. Louis City and Kansas City — procedure. — 1.  Sections 82.1025, 82.1027 and 82.1030 apply to a nuisance located within the boundaries of any city not within a county or in any home rule city with at least three hundred fifty thousand inhabitants which is located in more than one county.

  2.  Any property owner who owns property within one thousand two hundred feet of a parcel of property which is alleged to be a nuisance may bring a nuisance action under this section against the offending property owner for the amount of damage created by such nuisance to the value of the petitioner's property, including diminution in value of the petitioner's property, and court costs.

  3.  An action for injunctive relief to abate a nuisance may be brought under this section by:

  (1)  Anyone who owns property within one thousand two hundred feet to a property which is alleged to be a nuisance; or

  (2)  A neighborhood organization, as defined in section 82.1027, on behalf of any person or persons who own property within the boundaries of the neighborhood or neighborhoods described in the articles of incorporation or bylaws of the neighborhood organization and who could maintain a nuisance action under this section or under the common law of private nuisance, or on its own behalf with respect to a nuisance on property anywhere within the boundaries of the neighborhood or neighborhoods.

  4.  An action shall not be brought under this section until sixty days after the party who brings the action has sent written notice of intent to bring an action under this section by certified mail, return receipt requested, postage prepaid to:

  (1)  The tenant, if any, or to "occupant" if the identity of the tenant cannot be reasonably ascertained, at the property's address; and

  (2)  The property owner of record at the last known address of the property owner on file with the county or city, or, if the property owner is a corporation or other type of limited liability company, to the property owner's registered agent at the agent's address of record;

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that a nuisance exists and that legal action may be taken against the owner of the property if the nuisance is not eliminated within sixty days after the date on the written notice.  If the notice sent by certified mail is returned unclaimed or refused, designated by the post office to be undeliverable, or signed for by a person other than the addressee, then adequate and sufficient notice shall be provided by posting a copy of the notice on the property where the nuisance allegedly is occurring.  A sworn affidavit by the person who mailed or posted the notice describing the date and manner that notice was given shall be sufficient evidence to establish that the notice was given.  The notice shall specify:

  (a)  The act or condition that constitutes the nuisance;

  (b)  The date the nuisance was first discovered;

  (c)  The address of the property and location on the property where the act or condition that constitutes the nuisance is allegedly occurring or exists; and

  (d)  The relief sought in the action.

  5.  A copy of a notice of citation issued by the city or county that shows the date the citation was issued shall be prima facie evidence of whether and for how long a citation has been pending against the property or the property owner.

  6.  A proceeding under this section shall:

  (1)  Be heard at the earliest practicable date; and

  (2)  Be expedited in every way.

  7.  When a property owner or neighborhood organization brings an action under this section for injunctive relief to abate a nuisance, a prima facie case for injunctive relief shall be made upon proof that a nuisance exists on the property.  Such an action shall not require proof that the party bringing the action has sustained damage or loss as a result of the nuisance.

  8.  With respect to an action under this section against the owner of commercial or industrial property, when a property owner or neighborhood organization bringing the action prevails in such action, such property owner or organization may be entitled to an award for its reasonable attorneys' fees and expenses, as ordered by the court, incurred in bringing and prosecuting the action, which award for attorneys' fees and expenses shall be entered as a judgment against the owner of the property on which the act or condition constituting the nuisance occurred or was located.

  9.  Property owners bringing a lawsuit based on the prima facie case standard under subsections 5 and 7 of this section, or seeking attorney fees and expenses under subsection 8 of this section, shall be limited to lawsuits involving property ownership in any home rule city with more than three hundred fifty thousand inhabitants and located in more than one county or any city not within a county and shall otherwise be limited to the general standards for nuisance applying to other political subdivisions under subsection^* 1 of this section.

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(L. 1994 H.B. 1115 § 1, A.L. 1995 H.B. 383, A.L. 1998 H.B. 977 & 1608, A.L. 1999 H.B. 103, A.L. 2005 H.B. 58, A.L. 2014 S.B. 731, A.L. 2019 S.B. 203)

*Word "section" appears in original rolls.

CROSS REFERENCE:

Nuisance abatement ordinances authorized for debris or noxious weeds on property, effect of failure to remove nuisance, penalty, 67.398