Section 82.1029

Title VII CITIES, TOWNS AND VILLAGES

Chapter 82

Effective - 28 Aug 2005, 3 histories, see footnote   (history) 

  82.1029.  Abatement of a nuisance, neighborhood organization may seek injunctive relief, procedure. — 1. A neighborhood organization representing persons aggrieved by a local code violation may seek injunctive and other equitable relief in the circuit court for abatement of a nuisance upon showing:

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

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

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

  (1) Until sixty days after the neighborhood organization sends notice of the violation and of the neighborhood organization's intent to bring an action under this section, by certified mail, return receipt requested, to the appropriate municipal code enforcement agency;

  (2) If the appropriate municipal code enforcement agency has filed an action for equitable relief from the nuisance;

  (3) Until sixty days after the neighborhood organization sends notice by first class prepaid postage certified mail to the tenant, if any, and the property owner of record 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 and posting a copy of notice on the property where the nuisance allegedly is occurring. The notice shall specify:

  (a) The nature of the alleged nuisance;

  (b) The date and time of day the nuisance was first discovered;

  (c) The location on the property where the nuisance is allegedly occurring; and

  (d) The relief sought in the action.

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

  (1) That the neighborhood organization has taken the required steps to satisfy the notice requirements under this subsection; and

  (2) That each condition precedent to the filing of the action under this section has been met.

  4. An action shall not be brought against an owner of residential rental property unless, prior to giving notice under this section, a notice of violation relating to the nuisance first has been issued by an appropriate municipal code enforcement agency and remains outstanding after a period of forty-five days.

  5. (1) If a violation notice issued by an appropriate municipal code enforcement agency is an essential element of the municipal enforcement action, a copy of the notice signed by an official of the appropriate municipal code enforcement agency shall be prima facie evidence of the facts contained in the notice.

  (2) A notice of abatement issued by the appropriate municipal code enforcement agency in regard to the violation notice shall be prima facie evidence that the plaintiff is not entitled to the relief requested.

  6. 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)