HCS SCS SB 1086 & 1126 -- NUISANCE ABATEMENT AND REHABILITATION
OF ABANDONED PROPERTY

SPONSOR:  DePasco (Hoppe)

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee on
Local Government and Related Matters by a vote of 12 to 0.

This substitute allows the cities of Independence and Excelsior
Springs to order the abatement of weeds or trash within five
business days after notice is sent or posted on the property.
The cost of removal may be billed on a special tax bill to be
collected by the collector with other taxes assessed against the
property.

The substitute also expands the nuisance abatement law to include
the abatement of vacant buildings or structures open to entry or
other nuisances.  The substitute applies to all cities and
villages and to Cass, Clay, Jackson, Platte, St. Charles, and St.
Louis counties.

Jefferson County is allowed to enact ordinances to provide for
the abatement of rubbish, lumber, bricks, tin, steel, and parts
of derelict motorcycles, autos, construction equipment,
appliances, furniture, and any material that may endanger public
safety.  The substitute outlines certain conditions for the
passage of an abatement ordinance by the county.  If the rubbish
or other derelict materials are not removed, the county may have
them removed and the cost of removal billed on a special tax bill
to be collected by the collector with other taxes assessed
against the property.

Current law requires that several conditions be met in order for
an organization to petition the court for temporary possession of
abandoned property.  One of these requirements is that the
organization must intend to rehabilitate the property and use it
for low- or moderate-income housing.  The substitute eliminates
the requirement that the property being rehabilitated be used as
low- or moderate-income housing and does not require any
particular use for the property.

Under current law, title to the property is conveyed to the
organization one year following the entry of the order granting
temporary possession to the organization.  Under the substitute,
title is conveyed to the organization when the rehabilitation is
complete.

The substitute allows the owner of the property to file a motion
for restoration of possession prior to the completion of
rehabilitation.  If the rehabilitation has not already been
completed by the organization, the court will determine whether
or not the owner has the resources and capacity to complete the
rehabilitation.  If the court determines that the owner is not
able to complete the rehabilitation, the court will not restore
possession to the owner.  However, if the court determines that
the owner is able to complete the rehabilitation, possession of
the property will be restored to the owner and the court will
determine proper compensation due to the organization for its
expenditures.

Current law requires that the organization file an annual report
detailing its rehabilitation and use of the property, including a
statement of all expenditures made by the organization.  The
substitute requires that these reports be submitted quarterly.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the substitute will help the
growing communities of Independence and Excelsior Springs deal
with the problem of weeds and trash.

Testifying for the bill was Senator DePasco.

OPPONENTS:  There was no opposition voiced to the committee.

Steve Bauer, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:04 am