Section 67.452

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 28 Aug 2025, see footnote   

  67.452.  Cause of action, Jackson County — definitions — procedure — affirmative defense. — 1.  As used in this section, the following terms mean:

  (1)  "Code or ordinance violation", a violation under the provisions of a municipal or county code or ordinance that regulates fire prevention, animal control, noise control, property maintenance, building construction, health, safety, neighborhood detriment, sanitation, or nuisances;

  (2)  "Neighborhood organization", a Missouri not-for-profit corporation that:

  (a)  Is a bona fide community organization formed for the purpose of neighborhood preservation or improvement in an area of a county, city, or village with defined limits and boundaries described in the organization's articles of incorporation or bylaws;

  (b)  Has a board of directors composed of individuals, at least half of whom maintain their principal residence in the area of a county, city, or village described in the organization's articles of incorporation or bylaws; and

  (c)  Is recognized by the federal Internal Revenue Service as tax exempt under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or the corresponding section of any future tax code;

  (3)  "Nuisance", an activity or condition created, performed, maintained, or permitted to exist on private property that constitutes a code or ordinance violation, whether or not the property has been cited by the county, city, or village in which the property is located; or, if the property is in a deteriorated condition, due to neglect or failure to reasonably maintain, abandonment, failure to repair after a fire, flood, or some other deterioration of the property, or there is clutter on the property such as abandoned automobiles, appliances, or similar objects; or, with respect to commercial, industrial, or vacant property, if the activity or condition on the property encourages, promotes, or substantially contributes to unlawful activity within three hundred feet of the property; or if any activity or condition:

  (a)  Diminishes the value of the neighboring property;

  (b)  Is injurious to the public health, safety, security, or welfare of neighboring residents or businesses; or

  (c)  Impairs the reasonable use or peaceful enjoyment of other property in the neighborhood.

  2.  This section applies to a nuisance located within the boundaries of:

  (1)  Any county with more than one million inhabitants; or

  (2)  Any city or village located within the boundaries of any county with more than one million inhabitants.

  3.  Any property owner who owns property within one thousand two hundred feet of a parcel of property that 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, but not limited to, diminution in value of the petitioner's property and court costs.

  4.  An action for injunctive relief to abate a nuisance may be brought against the offending property owner under this section by:

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

  (2)  A neighborhood organization:

  (a)  On behalf of any person or persons who own property within the boundaries of the geographic area 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

  (b)  On the neighborhood organization's own behalf with respect to a nuisance on property anywhere within the geographic boundaries described in the articles of incorporation or bylaws of the neighborhood organization.

  5.  (1)  An action shall not be brought under this section until sixty days after the party who brings the action has mailed notice of intent to bring an action under this section, postage prepaid, 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, city, or village 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.

  (2)  Such notice shall state 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 mailed notice.

  (3)  If the notice is returned unclaimed or refused, designated by the United States Postal Service to be undeliverable, or signed for by a person other than the addressee, 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.

  (4)  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.

  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 is made upon proof that a citation has been issued by the county, city, or village with jurisdiction over the property that is subject to an action under this section.  An action for injunctive relief to abate a nuisance shall be heard by the court without a jury and shall not require proof that the party bringing the action has sustained damage or loss as a result of the nuisance.

  8.  A copy of a notice of citation issued by the county, city, or village with jurisdiction over the property that is subject to an action under this section that shows the date the citation was issued shall be prima facie evidence of whether and for how long the property has been in violation of the code or ordinance provisions provided in the citation.

  9.  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 attorneys' fees and expenses, based on the amount of time reasonably expended, as ordered by the court, 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.

  10.  (1)  This section shall not be construed as to abrogate any equitable or legal right or remedy otherwise available under the law to abate a nuisance.

  (2)  This section shall not be construed to grant standing for an action challenging any zoning application or approval.

  11.  If a property owner sued under this section pleads and proves that a condition alleged by the plaintiff to be a nuisance is the subject matter of an order of the state department of natural resources, the United States Environmental Protection Agency, or the office of the Missouri attorney general and further pleads and proves that the property is in compliance with such order with respect to such condition, such proof shall be an affirmative defense to plaintiff's claim that such condition is subject to one or more of the remedies provided for under this section.

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(L. 2025 H.B. 199)