Effective - 28 Aug 2019, 3 histories
82.1025. Nuisance action for deteriorated property in St. Louis City and Kansas City — procedure. — 1. Sections 82.1025, 82.1027 and 82.1030 apply to a nuisance located within the boundaries of any city not within a county or in any home rule city with at least three hundred fifty thousand inhabitants which is located in more than one county.
2. Any property owner who owns property within one thousand two hundred feet of a parcel of property which 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 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 organization, 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 maintain 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 brought under this section until sixty days after the party who brings the action has sent written 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 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;
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 notice. 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 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. 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.
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 shall be made upon proof that a nuisance exists on the property. Such an action shall not require proof that the party bringing the action has sustained damage or loss as a result of the nuisance.
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, 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 political subdivisions under subsection* 1 of this section.
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(L. 1994 H.B. 1115 § 1, A.L. 1995 H.B. 383, A.L. 1998 H.B. 977 & 1608, A.L. 1999 H.B. 103, A.L. 2005 H.B. 58, A.L. 2014 S.B. 731, A.L. 2019 S.B. 203)
*Word "section" appears in original rolls.
CROSS REFERENCE:
Nuisance abatement ordinances authorized for debris or noxious weeds on property, effect of failure to remove nuisance, penalty, 67.398
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 82 - Constitutional Charter Cities (Home Rule)
Section 82.010 - Certain cities declared constitutional charter cities.
Section 82.020 - Constitutional charter, certain cities and towns may adopt or amend, procedure.
Section 82.040 - Officers, tenure upon adoption of charter — vacancy in office, how filled.
Section 82.050 - Consistent ordinances to remain in force.
Section 82.060 - Adoption not to affect existing rights.
Section 82.070 - Accrued rights or penalties not affected by adoption.
Section 82.080 - Tax liens on realty vested in city.
Section 82.090 - Extension of limits.
Section 82.100 - Annexed territory to be divided into wards.
Section 82.110 - City may be redistricted, when.
Section 82.120 - Redistricting ordinance to be published.
Section 82.130 - Redistricting not to affect eligibility of electors.
Section 82.133 - Disincorporation of charter or home rule cities--election, ballot language.
Section 82.136 - Contractual rights not invalidated by dissolution.
Section 82.139 - Dissolution — trustee appointed — oath — bond.
Section 82.142 - Dissolution — powers of trustee.
Section 82.145 - Dissolution — employment of counsel, when — compensation of trustee.
Section 82.150 - Wards to be of adjacent territory — numbering.
Section 82.160 - Election — new ward.
Section 82.170 - Redistricting not to affect term of office of incumbent.
Section 82.180 - Providing for nominations and the form of ballot.
Section 82.190 - City has exclusive control of public highways.
Section 82.200 - Attestation of ordinances — evidence, when.
Section 82.210 - Action for damages maintained, how.
Section 82.220 - Bonds in judicial proceedings.
Section 82.230 - Regulation of public franchises.
Section 82.240 - Parks, cemeteries may be provided for.
Section 82.250 - Certain cities may acquire subways.
Section 82.260 - May operate, lease and regulate subways.
Section 82.270 - May issue subway revenue bonds.
Section 82.280 - Certain county officers to perform duties for cities, when — compensation.
Section 82.290 - Certain officers to administer oaths free.
Section 82.300 - Certain cities may enact ordinances, purposes, punishments (including Kansas City).
Section 82.310 - License collector.
Section 82.320 - Word license construed.
Section 82.330 - License collector, election, term, oath, bond — vacancy.
Section 82.340 - Powers and duties of license collector — duties may not be altered.
Section 82.350 - List of licenses to be maintained.
Section 82.360 - Procedure in obtaining and granting license.
Section 82.370 - Separate records to be kept — open to inspection.
Section 82.400 - Collector to make weekly payments to city treasurer — duty of treasurer.
Section 82.410 - Powers and duties of certain officers transferred to license collector.
Section 82.420 - Public market.
Section 82.430 - Business to be regulated, rental fixed.
Section 82.440 - When not to sell marketplaces now owned.
Section 82.450 - Corporation may condemn land for marketplaces, when.
Section 82.460 - Streetcar gates, passengers, regulation.
Section 82.470 - Parking lots and buildings — St. Louis may acquire, lease — limitations on use.
Section 82.480 - Financing of parking lots, methods.
Section 82.490 - City treasurer — commission — term — vacancy, how filled.
Section 82.500 - City treasurer — bond.
Section 82.510 - General duties.
Section 82.515 - City treasurer, supervision of parking meters — term.
Section 82.516 - City treasurer, additional compensation.
Section 82.520 - Compensation of city treasurer (St. Louis City).
Section 82.530 - Deputies and clerks.
Section 82.540 - Assessment division.
Section 82.550 - Assessor appointed by mayor — term.
Section 82.560 - Assessor — qualifications — compensation — duties — oath.
Section 82.570 - Costs and expenses of assessments, how paid.
Section 82.580 - Deputy assessors — qualifications — powers — oath — duties.
Section 82.590 - Bonds of assessors and deputies.
Section 82.599 - Collector of revenue, compensation (St. Louis City).
Section 82.605 - Compensation for collecting earnings tax.
Section 82.607 - Additional duty, financial report.
Section 82.630 - Appointment of additional clerical help.
Section 82.640 - Deputies' oath and bond.
Section 82.650 - Fees to be collected.
Section 82.660 - Annual settlement of fees.
Section 82.670 - Who to pay in case fees are insufficient for the maintenance of office.
Section 82.680 - Other compensation abolished.
Section 82.690 - Coroner's inquest costs to be paid out of city treasury.
Section 82.700 - Duties of county commission — who to perform in St. Louis.
Section 82.710 - Duties of county clerk to be performed by the register.
Section 82.715 - Board of aldermen may pay additional compensation to certain officials, when.
Section 82.790 - Certain cities may condemn property outside city.
Section 82.800 - Condemnation proceedings — manner — where.
Section 82.815 - Number of days city offices to remain open, how set.
Section 82.817 - Designated agents for certain landowners within St. Louis City — penalty.
Section 82.875 - Police services sales tax — vote required — fund created, use of moneys.
Section 82.1000 - Forfeiture of motor vehicles, power to enact ordinances, requirements, procedure.
Section 82.1027 - Definitions.
Section 82.1031 - Action prohibited if owner in good faith compliance.