1306S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 388
AN ACT
To repeal sections 67.399, 82.1025, 82.1026, 82.1027,
82.1031, and 140.984, RSMo, and to enact in lieu
thereof seven new sections relating to deteriorated
or abandoned property.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 67.399, 82.1025, 82.1026, 82.1027,
82.1031, and 140.984, RSMo, are repealed and seven new sections
enacted in lieu thereof, to be known as sections 67.399, 67.452,
82.1025, 82.1026, 82.1027, 82.1031, and 140.984, to read as
follows:
67.399. 1. The governing body of any municipality or
county with a charter form of government and with more than
one million inhabitants may, by ordinance, establish a
semiannual registration fee not to exceed two hundred
dollars which shall be charged to the owner of any parcel of
residential property improved by a residential structure, or
commercial property improved by a structure containing
multiple dwelling units, that is vacant, has been vacant for
at least six months, and is chara cterized by violations of
applicable housing codes established by such municipality.
2. The municipality shall designate a municipal
officer to investigate any property that may be subject to
the registration fee. The officer shall report [his] such
officer's findings and recommendations, and shall determine
whether any such property shall be subject to the
registration fee. Within five business days, the clerk of
the municipality or county with a charter form of government
and with more than one million inhabitants shall notify by
mail the owners of property on which the registration fee
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has been levied at their last known address according to the
records of the city and the county. The property owner
shall have the right to appeal the decision of the office to
the municipal court within thirty days of such
notification. Absent the existence of any valid appeal or
request for reconsideration pursuant to subsection 3 of this
section, the registration fee shall begin to accrue on the
beginning of the second calendar quarter after the decision
of the municipal officer.
3. Within thirty days of the municipality or county
with a charter form of government and with more than one
million inhabitants making such notification, the p roperty
owner may complete any improvements to the property that may
be necessary to revoke the levy of the registration fee, and
then may request a reinspection of the property and a
reconsideration of the levy of the registration fee by the
municipality or county with a charter form of government and
with more than one million inhabitants. If the municipal or
county officer revokes the registration fee, no such
assessment shall be made and the matter shall be considered
closed. If the officer affirms the assessment of the
registration fee, the property owner shall have the right to
appeal the reconsideration decision of the officer to the
municipal court within thirty days of such decision. Absent
the existence of any valid appeal to the mu nicipal court or
other court of competent jurisdiction, the registration fee
shall begin to accrue on the beginning of the second
calendar quarter after the reconsideration decision of the
municipal governing body.
4. The municipal governing body shall establish by
ordinance procedures for payment of the registration fee and
penalties for delinquent payments of such fees. Any
registration fees which are delinquent for a period of one
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year shall become a lien on the property and shall be
subject to foreclosure proceedings in the same manner as
delinquent real property taxes. The owner of the property
against which the assessment was originally made shall be
able to redeem the property only by presenting evidence that
the violations of the applicable housing code cited by the
municipal officers have been cured and presenting payment of
all registration fees and penalties. Upon bona fide sale of
the property to an unrelated party said lien shall be
considered released and the delinquent registration fee
forgiven.
5. (1) The governing body of the following may enact
ordinances as provided in this subsection:
(a) Any county with more than one million inhabitants;
and
(b) Any city or village in any county with more tha n
one million inhabitants.
(2) The governing body of any county, city, or village
listed in subdivision (1) of this subsection may enact
ordinances to provide for the building official of the
county, city, or village, or any authorized representa tive
of the building official, to petition the circuit court in
which a vacant nuisance building or structure is located for
the appointment of a receiver to rehabilitate the building
or structure, to demolish it, or to sell it to a qualified
buyer.
67.452. 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,
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health, safety, neighborhood detriment, sanitation, or
nuisances;
(2) "Neighborhood organization", a Missouri not -for-
profit corporation that:
(a) Is a bona fide community organization fo rmed 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 compose d 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;
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(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 neighb orhood.
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 in habitants.
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 o r 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
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(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 corporatio n 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;
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(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 orde red 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.
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10. (1) This section shall not be co nstrued 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 subj ect
to one or more of the remedies provided for under this
section.
82.1025. 1. Sections 82.1025, 82.1027 and 82.1030
apply to a nuisance located within the boundaries of :
(1) Any city not within a county [or in];
(2) Any home rule city with at least three hundred
fifty thousand inhabitants which is located in more than one
county;
(3) Any home rule city with more than one hundred
sixty thousand but fewer than two hundred thousand
inhabitants; or
(4) Any home rule city with more than seventy -one
thousand but fewer than seventy -nine thousand inhabitants .
2. Any property owner who owns property within one
thousand two hundred feet of a parcel of property [which]
that is alleged to be a nuisance may br ing a nuisance action
under this section against the offending property owner for
the amount of damage created by such nuisance to the value
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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 organizat ion, 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 maint ain 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 broug ht under this section
until sixty days after the party who brings the action has
[sent written] mailed 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 prope rty 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;
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]
mailed notice. If the notice [sent by certified mail ] is
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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 t hat 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] the property has been in violation of the
code or ordinance provisions descri bed in the citation.
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 sect ion 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 for injunctive relief to abate a
nuisance shall be heard by the court without a j ury and
shall not require proof that the party bringing the action
has sustained damage or loss as a result of the nuisance.
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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, based on the
amount of time reasonably expended, 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 p olitical subdivisions under
subsection 1 of this section. ]
82.1026. The governing body of any city not within a
county, home rule city with more than four hundred thousand
inhabitants and located in more than one county , home rule
city with more than one hundred sixty thousand but fewer
than two hundred thousand inhabitants, or home rule city
with more than seventy -one thousand but fewer than seventy -
nine thousand inhabitants may enact ordinances to provide
for the building official of the city or any authorized
representative of the building official to petition the
circuit court in the county in which a vacant nuisance
building or structure is located for the appointment of a
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receiver to rehabilitate the building or structure, to
demolish it, or to sell it to a qualified buyer.
82.1027. As used in section 82.1025 and sections
82.1027 to 82.1030, the following terms mean:
(1) "Code or ordinance violation", a violation under
the provisions of a municipal code or ordinance of any home
rule city with more than four hundred thousand inhabitants
and located in more than one county, [or] any city not
within a county, [which] any home rule city with more than
one hundred sixty thousand but fewer than two hun dred
thousand inhabitants, or any home rule city with more than
seventy-one thousand but fewer than seventy -nine thousand
inhabitants that regulates fire prevention, animal control,
noise control, property maintenance, building construction,
health, safety, neighborhood detriment, sanitation, or
nuisances;
(2) "Neighborhood organization", either:
(a) A Missouri not-for-profit corporation that:
a. Is a bonafide community organization formed for the
purpose of neighborhood preservatio n or improvement;
b. Whose articles of incorporation or bylaws specify
that one of the purposes for which the corporation is
organized is the preservation and protection of residential
and community property values in all or part of a
neighborhood or neighborhoods with geographic boundaries
that conform to the boundaries of not more than two
adjoining neighborhoods recognized by the planning division
of the city [or county] in which the neighborhood or
neighborhoods are located [in any home rule city with more
than three hundred fifty thousand inhabitants and located in
more than one county, or in any city not within a county ];
and
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c. Whose board of directors is comprised of
individuals, at least half of whom maintain their principal
residence in a neighborhood the organization serves as
described in the organization's articles of incorporation or
bylaws; or
(b) An organization recognized by the federal Internal
Revenue Service as tax exempt under the provisions of
Internal Revenue Code Section 501(c)(3) (26 U.S.C. Section
501(c)(3)), as amended , or the corresponding section of any
future tax code, which has had a contract with any [home
rule] city [with more than three hundred fifty thousand
inhabitants and located in mo re than one county, or in any
city not within a county ] to furnish housing related
services in that [municipality or county ] city at any point
during the five-year period preceding the filing of the
action, and is in compliance with or completed such c ontract;
(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 city or
county 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 p roperty such as abandoned
automobiles, appliances, or similar objects; or, with
respect to commercial, industrial, and 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; [and the] or if
any activity or condition [either]:
(a) Diminishes the value of the neighboring property;
or
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(b) Is injurious to the public health, safety,
security, or welfare of neighboring resi dents or businesses;
or
(c) Impairs the reasonable use or peaceful enjoyment
of other property in the neighborhood.
82.1031. [No action shall be brought ] If a property
owner sued under section 82.1025 and sections 82.1027 to
82.1030 [if the owner of the property that ] pleads and
proves that a condition alleged by the plaintiff to be a
nuisance is the subject matter of [the action is in good -
faith compliance with all orders ] an order issued by the
state department of natural re sources, 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
section 82.1025 and sections 82.1027 to 82.1030 .
140.984. 1. The income of a land bank agency shall be
exempt from all taxation by the state and by any of its
political subdivisions. Upon acquiring title to any real
estate, a land bank agency shall immediately notify the
county assessor and the county collector of such ownership;
all taxes, special taxes, fines, and fe es on such real
estate shall be deemed satisfied by transfer to the land
bank agency; and such property shall be exempt from all
taxation during the land bank agency's ownership thereof, in
the same manner and to the same extent as any other publicly
owned real estate. Upon the sale or other disposition of
any real estate held by it, the land bank agency shall
immediately notify the county assessor and the county
collector of such change of ownership. However, that such
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tax exemption for improved and occupied real property held
by the land bank agency as a lessor pursuant to a ground
lease shall terminate upon the first occupancy, and the land
bank agency shall immediately notify the county assessor and
the county collector of such occupancy.
2. A land bank agency may acquire real property by
gift, devise, transfer, exchange, foreclosure, purchase, or
pursuant to sections 141.560 to 141.580 or section 141.821,
except a land bank agency shall not acquire property located
partially or wholly outside the boundaries of the county or
municipality that established such land bank agency. [For
purchases of real property not made through foreclosure or
pursuant to sections 141.560 to 141.580, a land bank agency
may only purchase real prope rty if such property is adjacent
to real property already owned by the land bank agency. ]
3. A land bank agency may acquire property by purchase
contracts, lease purchase agreements, installment sales
contracts, and land contracts and may accept t ransfers from
political subdivisions upon such terms and conditions as
agreed to by the land bank agency and the political
subdivision. A land bank agency may [, for the purpose of
adding to a parcel already owned by the land bank agency, ]
bid on any parcel of real estate offered for sale, offered
at a foreclosure sale under sections 140.220 to 140.250,
offered at a sale conducted under section 140.190, 140.240,
or 140.250, or offered at a foreclosure sale under section
141.550. Notwithstanding any other law to the contrary, any
political subdivision may transfer to the land bank agency
real property and interests in real property of the
political subdivision on such terms and conditions and
according to such procedures as determined by the pol itical
subdivision.
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4. A land bank agency shall maintain all of its real
property in accordance with the laws and ordinances of the
jurisdictions in which the real property is located.
5. Upon issuance of a deed to a parcel of real estate
to a land bank agency under subsection 4 of section 140.250,
subsection 5 of section 140.405, other sale conducted under
section 140.190, 140.240, or 140.250, or section 141.550,
the land bank agency shall pay only the amount of the land
bank agency's bid that exceeds the amount of all tax bills
included in the judgment, interest, penalties, attorney's
fees, taxes, and costs then due thereon. If the real estate
is acquired in a delinquent land tax auction under
subsection 4 of section 140.250, subse ction 5 of section
140.405, or other sale conducted under section 140.190,
140.240, or 140.250, such excess shall be applied and
distributed in accordance with section 140.230. If the real
estate is acquired in a delinquent land tax auction under
section 141.550, such excess shall be applied and
distributed in accordance with subsections 3 and 4 of
section 141.580, exclusive of subdivision (3) of subsection
3 of section 141.580. Upon issuance of a deed, the county
collector shall mark the tax bil ls included in the judgment
as "cancelled by sale to the land bank" and shall take
credit for the full amount of such tax bills, including
principal amount, interest, penalties, attorney's fees, and
costs, on the county collector's books and in the cou nty
collector's statements with any other taxing authorities.
6. A land bank shall not own real property unless the
property is wholly located within the boundaries of the
county or municipality that established the land bank agency.
7. Within one year of the effective date of the
ordinance, resolution, or rule passed establishing a
municipal land bank agency under subsection 2 of section
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140.981, the title to any real property that is located
wholly within the municipality that created t he land bank
agency and that is held by a land trust created under
subsection 1 of section 141.821 shall be transferred by deed
from the land trust to such land bank agency, at the land
bank agency's request.