Section 82.1029

Title VII CITIES, TOWNS AND VILLAGES

Chapter 82

Effective - 10 Oct 2014, 3 histories, see footnote   (history) 

  *82.1029.  Abatement of a nuisance, neighborhood organization may seek injunctive relief, when, procedure. — 1.  A neighborhood organization, on behalf of a person or persons who own real estate or reside within one thousand two hundred feet of a property on which there is a condition or activity constituting a code or ordinance violation in the neighborhood or neighborhoods described in the articles of incorporation or the bylaws of the neighborhood organization, or on its own behalf with respect to a code or ordinance violation on property anywhere within the boundaries of the neighborhood or neighborhoods, may seek injunctive and other equitable relief in the circuit court for abatement of a nuisance upon showing:

  (1)  The notice requirements of this section have been satisfied; and

  (2)  The nuisance exists and has not been abated.

  2.  An action under this section shall not be brought until:

  (1)  Sixty days after the neighborhood organization sends written notice by certified mail, return receipt requested, postage prepaid, to the appropriate municipal code enforcement agency of the neighborhood organization's intent to bring an action under this section, together with a copy of the notice the neighborhood organization sent or attempted to send to the property owner in compliance with subdivision (2) of subsection 2 of this section; and

  (2)  Sixty days after the neighborhood organization sends notice by first class prepaid postage certified mail, return receipt requested, to:

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

  (b)  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 registered agent's address of record;

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that a nuisance exists and that legal action may be taken if the nuisance is not abated.  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 may be given to the tenant, if any, and the property owner of record by sending a copy of the notice by regular mail to the address of the property owner or registered agent and posting a copy of notice on the property where the nuisance allegedly is occurring.

  3.  A sworn affidavit by the person who mailed or posted the notice describing the date and manner that notice was given shall be prima facie evidence of the giving of such notice.

  4.  The notice required by this section shall specify:

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

  (2)  The date the nuisance was first discovered;

  (3)  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

  (4)  The relief sought in the action.

  5.  In filing a suit under this section, an officer of the neighborhood organization or its counsel shall certify to the court:

  (1)  From personal knowledge, that the neighborhood organization has taken the required steps to satisfy the notice requirements under this section; and

  (2)  Based on reasonable inquiry, that each condition precedent to the filing of the action under this section has been met.

  6.  An action may not be brought under this section based on an alleged violation of a particular code provision or ordinance if there is then pending against the property or the owner of the property a notice of violation with respect to such code provision or ordinance issued by an appropriate municipal code enforcement agency unless such notice of violation has been pending for more than forty-five days and the condition or activity that gave rise to the violation has not been abated.  This subsection shall not preclude an action under this section where the appropriate municipal code enforcement agency has declined to issue a notice of violation against the property or the property owner.

  7.  A neighborhood organization may not bring an action under this section if, at the time of filing suit, the neighborhood organization or any of its directors own real estate, or have an interest in a trust or a corporation or other limited liability company that owns real estate, in the city or county in which the nuisance is located with respect to which real property taxes are delinquent or a notice of violation of a city code or ordinance has been issued and served and is outstanding.

  8.  A copy of the notice of citation issued by the city 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.

  9.  A proceeding under this section shall:

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

  (2)  Be expedited in every way.

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(L. 2005 H.B. 58 § 82.303, A.L. 2014 S.B. 731)

*Effective 10-10-14, see § 21.250.  S.B. 731 was vetoed July 7, 2014. The veto was overridden on September 10, 2014.