HCS SCS SB 1086 & 1126 -- ABATEMENT OF NUISANCES; ABANDONED
PROPERTY

This bill 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 bill expands the nuisance abatement law in Kansas City to
include the abatement of vacant buildings or structures open to
entry or other nuisances.  The abatement of hazardous trees and
shrubs is also added to the powers of all cities and villages and
of 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, automobiles, construction equipment,
appliances, furniture, and any material that may endanger public
safety.  The bill 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 bill eliminates that
requirement.

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 bill, title
is conveyed to the organization when the rehabilitation is
complete.

The bill 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
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 bill
requires that these reports be submitted quarterly.

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