Automatic stay pending appeal; provide for certain municipal/county rulings.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Fondren

HOUSE BILL NO. 969

AN ACT TO PROVIDE THAT WHEN THE GOVERNING AUTHORITIES OF ANY 1
MUNICIPALITY OR THE BOARD OF SUPERVISORS OF ANY COUNTY PROVIDES 2
ANY JUDGEMENT, ORDER OR DECISION CONCERNING CERTAIN ACTIONS THAT 3
ARE ORDERED UPON REAL PROPERTY OR PRIVATE PROPERTY AND AN APPEAL 4
IS TIMELY FILED, THEN SUCH JUDGMENT, ORDER OR DECISION SHALL BE 5
AUTOMATICALLY STAYED UNTIL THE EXPIRATION OF ALL APPLICABLE 6
PERIODS FOR FILING AN APPEAL OF THE DECISION MADE BY A 7
MUNICIPALITY OR COUNTY; TO PROVIDE THAT IF AN AUTOMATIC STAY IS 8
VIOLATED, THEN CERTAIN DAMAGES MAY BE RECOVERED; TO AMEND SECTIONS 9
11-46-5, 19-5-105 AND 21-19-11, MISSISSIPPI CODE OF 1972, TO 10
CONFORM TO THE PRECEDING SECTION AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. (1) Any judgment, order, or decision of a board 13
of supervisors or the governing authorities of a 14
municipality shall be automatically stayed upon entry of such 15
decision and remain stayed until the expiration of all applicable 16
periods for filing an appeal under this section if any such 17
judgement, order or decision directs or authorizes: 18
(a) The demolition, removal, or alteration of any 19
structure, improvement, and/or tree upon real property; 20
(b) The abatement or remediation of any condition 21
alleged to be a nuisance or code violation upon private property; 22
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or 23
(c) Any other act that would result in permanent or 24
irreparable alteration or deprivation of real or personal 25
property. 26
(2) If an appeal is timely perfected under this section, 27
such stay shall remain in effect pending final disposition of the 28
appeal by the circuit court, unless the circuit court, upon motion 29
and after hearing, orders otherwise for good cause shown. 30
(3) During the pendency of such stay, no demolition, 31
destruction, or other irreversible action shall be taken pursuant 32
to the decision appealed from, and any act in violation of this 33
subsection shall be void and of no effect. 34
(4) Any governing authority, board, officer, employee, or 35
agent who knowingly, willfully, or recklessly undertakes or 36
authorizes an act prohibited by this subsection during the 37
pendency of an automatic stay shall be liable to the aggrieved 38
property owner for all actual damages resulting therefrom, 39
including, but not limited to, the fair market value of any 40
property demolished or destroyed, costs of restoration, and 41
reasonable attorney's fees and court costs. 42
(5) An action to recover damages under this section shall be 43
brought in the court of competent jurisdiction and shall be 44
subject to the notice and procedural requirements of the 45
Mississippi Tort Claims Act, Section 11-46-1, et seq., except that 46
no immunity shall apply to acts determined by the court to be 47
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willful, wanton, or in reckless disregard of the rights of the 48
property owner. 49
(6) The prevailing property owner shall also be entitled to 50
recover pre-judgment interest and costs of suit. 51
(7) In no event shall the damages awarded under this 52
subsection be less than Ten Thousand Dollars ($10,000.00) per 53
structure, tree, or improvement which is unlawfully demolished. 54
(8) Nothing in this section shall be construed to limit any 55
other remedy available under law or equity. 56
SECTION 2. Section 11-46-5, Mississippi Code of 1972, is 57
amended as follows: 58
11-46-5. (1) Notwithstanding the immunity granted in 59
Section 11-46-3, or the provisions of any other law to the 60
contrary, the immunity of the state and its political subdivisions 61
from claims for money damages arising out of the torts of such 62
governmental entities and the torts of their employees while 63
acting within the course and scope of their employment is hereby 64
waived from and after July 1, 1993, as to the state, and from and 65
after October 1, 1993, as to political subdivisions; provided, 66
however, immunity of a governmental entity in any such case shall 67
be waived only to the extent of the maximum amount of liability 68
provided for in Section 11-46-15. 69
(2) For the purposes of this chapter an employee shall not 70
be considered as acting within the course and scope of his 71
employment and a governmental entity shall not be liable or be 72
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considered to have waived immunity for any conduct of its employee 73
if the employee's conduct constituted fraud, malice, libel, 74
slander, defamation or any criminal offense other than traffic 75
violations. 76
(3) For the purposes of this chapter and not otherwise, it 77
shall be a rebuttable presumption that any act or omission of an 78
employee within the time and at the place of his employment is 79
within the course and scope of his employment, except for actions 80
described in subsection (2) of Section 73-25-33 and subsection (5) 81
of this section. 82
(4) Nothing contained in this chapter shall be construed to 83
waive the immunity of the state from suit in federal courts 84
guaranteed by the Eleventh Amendment to the Constitution of the 85
United States. 86
(5) For purposes of this chapter, an employee shall not be 87
considered as acting within the course and scope of his or her 88
employment and a governmental entity shall be liable or be 89
considered to have waived immunity for any conduct of its employee 90
if the employee's conduct constituted a violation of Title 41, 91
Chapter 141, Mississippi Code of 1972. 92
(6) For purposes of this chapter, an employee shall not be 93
considered as acting within the course and scope of his or her 94
employment and a governmental entity shall be liable or be 95
considered to have waived immunity for any conduct of its employee 96
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if the employee's conduct constituted a violation of Section 97
Title 41, Chapter 141, Mississippi Code of 1972. 98
(7) For purposes of this chapter, an employee shall not be 99
considered as acting within the course and scope of his or her 100
employment and a governmental entity shall be liable or be 101
considered to have waived immunity for any conduct of its employee 102
if the employee's conduct acts determined by the court to be 103
willful, wanton, or in reckless disregard of the rights of the 104
property owner as prescribed under Section 1 subsection (5) of 105
this act. 106
SECTION 3. Section 19-5-105, Mississippi Code of 1972, is 107
amended as follows: 108
19-5-105. (1) To determine whether property or a parcel of 109
land located within a county is in such a state of uncleanliness 110
as to be a menace to the public health, safety and welfare of the 111
community, the board of supervisors of any county is authorized 112
and empowered to conduct a hearing on its own motion, or upon the 113
receipt of a petition requesting the board of supervisors to act 114
signed by a majority of the residents eighteen (18) years of age 115
or older, residing upon any street or alley, within reasonable 116
proximity of any property alleged to be in need of cleaning, or 117
within seven hundred fifty (750) feet of the precise location of 118
the alleged menace situated on any parcel of land which is located 119
in a populated area or in a housing subdivision and alleged to be 120
in need of cleaning. 121
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Notice shall be provided to the property owner by: 122
(a) United States mail two (2) weeks before the date of 123
the hearing mailed to the address of the subject property and to 124
the address where the ad valorem tax notice for such property is 125
sent by the office charged with collecting ad valorem tax; and 126
(b) Posting notice for at least two (2) weeks before 127
the date of a hearing on the property or parcel of land alleged to 128
be in need of cleaning and at the county courthouse or another 129
place in the county where such notices are posted. 130
The notice required by this subsection (1) shall include 131
language that informs the property owner that an adjudication at 132
the hearing that the property or parcel of land is in need of 133
cleaning will authorize the board of supervisors to reenter the 134
property or parcel of land for a period of one (1) year after the 135
hearing without any further hearing, if notice is posted on the 136
property or parcel of land and at the county courthouse or another 137
place in the county where such notices are generally posted at 138
least seven (7) days before the property or parcel of land is 139
reentered for cleaning. A copy of the required notice mailed and 140
posted as required by this subsection (1) shall be recorded in the 141
minutes of the board of supervisors in conjunction with the 142
hearing required by this subsection. 143
If at such hearing the board of supervisors shall in its 144
resolution adjudicate such parcel of land in its then condition to 145
be a menace to the public health and safety of the community, the 146
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board of supervisors may, if the owner not do so himself, proceed 147
to have the land cleaned by cutting weeds, filling cisterns, and 148
removing rubbish, dilapidated fences, outside toilets, dilapidated 149
buildings and other debris, and draining cesspools and standing 150
water. Thereafter, the board of supervisors may at its next 151
regular meeting by resolution adjudicate the actual cost of 152
cleaning the land and may also impose a penalty not to exceed One 153
Thousand Five Hundred Dollars ($1,500.00) or fifty percent (50%) 154
of the actual cost, whichever is more. The cost and any penalty 155
shall become an assessment against the property. The "cost 156
assessed against the property" means either the cost to the county 157
of using its own employees to do the work or the cost to the 158
county of any contract executed by the county to have the work 159
done, and administrative costs and legal costs of the county. 160
A county may reenter the property or parcel of land to 161
maintain cleanliness without further notice of hearing no more 162
than six (6) times in any twelve-month period with respect to 163
removing dilapidated buildings, dilapidated fences and outside 164
toilets, and no more than twelve (12) times in any 165
twenty-four-month period with respect to cutting grass and weeds 166
and removing rubbish, personal property and other debris on the 167
land. The expense of cleaning the property shall not exceed an 168
aggregate amount of Twenty Thousand Dollars ($20,000.00) per year, 169
or the fair market value of the property subsequent to cleaning, 170
whichever is less. The board of supervisors may assess the same 171
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penalty each time the property or land is cleaned as otherwise 172
provided in this subsection (1). 173
The penalty provided in this subsection (1) shall not be 174
assessed against the State of Mississippi upon request for 175
reimbursement under Section 29-1-145, nor shall a county clean a 176
parcel owned by the State of Mississippi without first giving 177
notice. 178
The assessment authorized by this subsection (1) shall be a 179
lien against the property and may be enrolled in the office of the 180
circuit clerk of the county as other judgments are enrolled, and 181
the tax collector of the county shall, upon order of the board of 182
supervisors, proceed to sell the land to satisfy the lien as now 183
provided by law for the sale of lands for delinquent taxes. 184
Furthermore, the property owner whose land has been sold pursuant 185
to this subsection (1) shall have the same right of redemption as 186
now provided by law for the sale of lands for delinquent taxes. 187
All decisions rendered under the provisions of this subsection may 188
be appealed in the same manner as other appeals from county boards 189
and such decisions, if appealed, shall be subject to Section 1 of 190
this act as prescribed under Section 1 of this act. 191
(2) (a) If private property or a parcel of land located 192
within a county is a perpetual care cemetery subject to Section 193
41-43-1 et seq., the board of supervisors of the county may 194
proceed pursuant to the same provisions of subsection (1) of this 195
section used to determine whether a property is a public health 196
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menace to instead determine if the perpetual care cemetery and all 197
structures on the cemetery are not being properly maintained and 198
have become detrimental to the public health and welfare. A 199
perpetual care cemetery that is "not being properly maintained and 200
has become detrimental to the public health and welfare" means a 201
perpetual care cemetery that shows signs of neglect, including, 202
without limitation, the unchecked growth of vegetation, repeated 203
and unchecked acts of vandalism, unusable entrances and exits, 204
excess rubbish or debris, or the disintegration of grave markers 205
or boundaries. Upon notice and opportunity to be heard as 206
provided in subsection (1) of this section, the board of 207
supervisors of the county may adjudicate the property or parcel of 208
land in its then condition to be not properly maintained and 209
detrimental to the public health and welfare, and if the owner 210
does not do so itself, may proceed to clean the property or parcel 211
of land as provided in subsection (1) of this section. When 212
cleaning the property or parcel of land of a perpetual care 213
cemetery pursuant to this subsection (2), the penalty or penalties 214
provided in subsection (1) of this section shall not be assessed 215
against owners of the perpetual care cemeteries. 216
(b) The board of supervisors of a county that cleans 217
property or parcel of land of a perpetual care cemetery pursuant 218
to this subsection (2) may make application to the Secretary of 219
State for an order directing the trustee of the perpetual care 220
cemetery trust fund to release accrued interest or principal of 221
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the trust fund sufficient to reimburse the county for only the 222
actual cleanup costs incurred by the county. The application to 223
the Secretary of State shall include a statement by the county 224
that all of the requirements of this section have been met. 225
(c) If the Secretary of State is satisfied that the 226
notice and hearing requirements of this section have been met, and 227
that the application for an order directing the trustee to release 228
accrued interest of the perpetual care cemetery trust fund does 229
not threaten the ability of the trust fund to provide for the care 230
and maintenance of the cemetery, the Secretary of State may order 231
the trustee to release up to the total amount of accrued interest 232
of the trust fund in an amount sufficient to reimburse the county 233
for the actual costs of cleanup performed by the county. 234
(d) If the Secretary of State is satisfied that the 235
notice and hearing requirements of this section have been met, but 236
makes a determination that the accrued interest of the perpetual 237
care cemetery trust fund is insufficient to reimburse the county 238
for the actual costs of cleanup performed by the county, or that 239
an order to release accrued interest would threaten the ability of 240
the trust fund to provide for the care and maintenance of the 241
cemetery, the Secretary of State may consider an order directing 242
the trustee to reimburse the county from the principal of the 243
trust fund. If the Secretary of State determines that an order to 244
the trustee to release principal from the trust fund will not 245
threaten the solvency of the trust fund, the Secretary of State 246
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may order the trustee to release principal of the trust fund in an 247
amount sufficient to reimburse the county for the actual costs of 248
cleanup performed by the county. 249
(i) The Secretary of State may not order the 250
trustee to release an amount of more than fifteen percent (15%) of 251
principal of the trust fund to reimburse the county for the actual 252
costs of cleanup performed by the county. 253
(ii) The provisions of this section may be 254
utilized no more than once in a four-year period. 255
SECTION 4. Section 21-19-11, Mississippi Code of 1972, is 256
amended as follows: 257
21-19-11. (1) To determine whether property or parcel of 258
land located within a municipality is in such a state of 259
uncleanliness as to be a menace to the public health, safety and 260
welfare of the community, a governing authority of any 261
municipality shall conduct a hearing, on its own motion, or upon 262
the receipt of a petition signed by a majority of the residents 263
residing within four hundred (400) feet of any property or parcel 264
of land alleged to be in need of the cleaning. Notice shall be 265
provided to the property owner by: 266
(a) United States mail two (2) weeks before the date of 267
the hearing mailed to the address of the subject property, except 268
where the land or structure(s) is apparently vacant, and to the 269
address where the ad valorem tax notice for such property is sent 270
by the office charged with collecting ad valorem tax; and 271
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(b) Posting notice for at least two (2) weeks before 272
the date of a hearing on the property or parcel of land alleged to 273
be in need of cleaning and at city hall or another place in the 274
municipality where such notices are posted. 275
Any notice required by this section shall include language 276
that informs the property owner that an adjudication at the 277
hearing that the property or parcel of land is in need of cleaning 278
will authorize the municipality to reenter the property or parcel 279
of land for a period of two (2) years after final adjudication 280
without any further hearing if notice is posted on the property or 281
parcel of land and at city hall or another place in the 282
municipality where such notices are generally posted at least 283
seven (7) days before the property or parcel of land is reentered 284
for cleaning. A copy of the required notice mailed and posted as 285
required by this section shall be recorded in the minutes of the 286
governing authority in conjunction with the hearing required by 287
this section. 288
If, at such hearing, the governing authority shall adjudicate 289
the property or parcel of land in its then condition to be a 290
menace to the public health, safety and welfare of the community, 291
the governing authority, if the owner does not do so himself, 292
shall proceed to clean the land, by the use of municipal employees 293
or by contract, by cutting grass and weeds; filling cisterns; 294
securing abandoned or dilapidated buildings; removing rubbish, 295
abandoned or dilapidated fences, outside toilets, abandoned or 296
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dilapidated buildings, slabs, personal property, which removal of 297
personal property shall not be subject to the provisions of 298
Section 21-39-21, and other debris; and draining cesspools and 299
standing water therefrom. The governing authority may by 300
resolution adjudicate the actual cost of cleaning the property and 301
may also impose a penalty not to exceed One Thousand Five Hundred 302
Dollars ($1,500.00) or fifty percent (50%) of the actual cost, 303
whichever is more. The cost and any penalty may become a civil 304
debt against the property owner, and/or, at the option of the 305
governing authority, an assessment against the property. The 306
"cost assessed against the property" means either the cost to the 307
municipality of using its own employees to do the work or the cost 308
to the municipality of any contract executed by the municipality 309
to have the work done, and administrative costs and legal costs of 310
the municipality. For subsequent cleaning within the one-year 311
period after the date of the hearing at which the property or 312
parcel of land was adjudicated in need of cleaning, upon seven (7) 313
days' notice posted both on the property or parcel of land 314
adjudicated in need of cleaning and at city hall or another place 315
in the municipality where such notices are generally posted, and 316
consistent with the municipality's adjudication as authorized in 317
this subsection (1), a municipality may reenter the property or 318
parcel of land to maintain cleanliness without further notice or 319
hearing no more than six (6) times in any twelve-month period with 320
respect to removing or securing abandoned or dilapidated 321
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buildings, slabs, dilapidated fences and outside toilets, and no 322
more than twelve (12) times in any twenty-four-month period with 323
respect to cutting grass and weeds and removing rubbish, personal 324
property and other debris on the land, and the expense of cleaning 325
of the property, except as otherwise provided in this section for 326
removal of hazardous substances, shall not exceed an aggregate 327
amount of Twenty Thousand Dollars ($20,000.00) per year, or the 328
fair market value of the property subsequent to cleaning, 329
whichever is more. The aggregate cost of removing hazardous 330
substances will be the actual cost of such removal to the 331
municipality and shall not be subject to the cost limitations 332
provided in this subsection. The governing authority may assess 333
the same penalty for each time the property or land is cleaned as 334
otherwise provided in this section. The penalty provided herein 335
shall not be assessed against the State of Mississippi upon 336
request for reimbursement under Section 29-1-145, nor shall a 337
municipality clean a parcel owned by the State of Mississippi 338
without first giving notice. Upon written authority from the 339
Secretary of State's office, for state-owned properties, a 340
municipality may forgo the notification process that is prescribed 341
in this subsection and proceed to clean the properties and assess 342
costs as prescribed in this subsection, except that penalties 343
shall not be assessed against the State of Mississippi. 344
(2) When the fee or cost to clean property or a parcel of 345
land that is one (1) acre or less does not exceed Two Hundred 346
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Fifty Dollars ($250.00), excluding administrative costs, and the 347
property or parcel is located within a municipality having a 348
population over one thousand five hundred (1,500), the governing 349
authority of the municipality may authorize one or more of its 350
employees to determine whether the property or parcel of land is 351
in such a state of uncleanliness as to be a menace to the public 352
health, safety and welfare of the community and the determination 353
made by the authorized municipal employee shall be set forth and 354
recorded in the minutes of the governing authority. Notice of 355
this determination shall be provided to the property owner by: 356
(a) United States mail seven (7) days before the date 357
of cleaning of the property or parcel of land mailed to the 358
address of the subject property, except where the land or 359
structure(s) is apparently vacant, and to the address where the ad 360
valorem tax notice for such property is sent by the office charged 361
with collecting ad valorem tax; and 362
(b) Posting notice for at least seven (7) days before 363
the cleaning of the property or parcel of land and at city hall or 364
another place in the municipality where such notices are posted. 365
Any notice required by this subsection shall include language 366
that informs the property owner that the appropriate municipal 367
official has determined that the property or parcel of land is a 368
menace to the public health, safety and welfare of the community 369
and in need of cleaning and the municipality is authorized to 370
enter the property for cleaning and that the municipality is 371
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further authorized to reenter the property or parcel of land for a 372
period of two (2) years after this cleaning without any further 373
hearing or action if notice is posted on the property or parcel of 374
land and at city hall or another place in the municipality where 375
such notices are generally posted at least seven (7) days before 376
the property or parcel of land is reentered for cleaning. A copy 377
of the required notice mailed and posted as required by this 378
subsection shall be recorded in the minutes of the governing 379
authority in conjunction with the determination made by the 380
municipal employee in this subsection (2). 381
If an authorized municipal employee determines that the 382
condition of property or parcel of land is a menace to the public 383
health, safety and welfare of the community, the governing 384
authority, if the owner does not do so himself, shall proceed to 385
clean the land, by the use of municipal employees or by contract, 386
by cutting grass and weeds; filling cisterns; securing abandoned 387
or dilapidated buildings; removing rubbish, abandoned or 388
dilapidated fences, outside toilets, abandoned or dilapidated 389
buildings, slabs, personal property, which removal of personal 390
property shall not be subject to the provisions of Section 391
21-39-21, and other debris; and draining cesspools and standing 392
water therefrom. The governing authority shall by resolution 393
adjudicate the actual cost of cleaning the property under this 394
provision, provided the same does not exceed Two Hundred Fifty 395
Dollars ($250.00) and may also impose a penalty not to exceed One 396
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Hundred Dollars ($100.00) or one hundred percent (100%) of the 397
actual cost of cleaning the property, whichever is more. The cost 398
and any penalty imposed may become a civil debt against the 399
property owner, and/or, at the option of the governing authority, 400
an assessment against the property. The "cost assessed against 401
the property" means either the cost to the municipality of using 402
its own employees to do the work or the cost to the municipality 403
of any contract executed by the municipality to have the work 404
done, and additionally may include administrative costs of the 405
municipality not to exceed Fifty Dollars ($50.00). For subsequent 406
cleaning within the one-year period set forth in this subsection 407
(2), upon seven (7) days' notice posted both on the property or 408
parcel of land adjudicated in need of cleaning and at city hall or 409
another place in the municipality where such notices are generally 410
posted, and consistent with the municipal official's determination 411
as authorized in this subsection (2), a municipality may reenter 412
the property or parcel of land to maintain cleanliness without 413
further notice or hearing under this subsection (2) no more than 414
six (6) times in any twelve-month period with respect to removing 415
or securing abandoned or dilapidated buildings, slabs, dilapidated 416
fences and outside toilets, and no more than twelve (12) times in 417
any twenty-four-month period with respect to cutting grass and 418
weeds and removing rubbish, personal property and other debris on 419
the land, and the expense of cleaning of the property shall not 420
exceed an aggregate amount of One Thousand Dollars ($1,000.00) per 421
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year under this subsection (2). The governing authority may 422
assess the same actual costs, administrative costs and penalty for 423
each time the property or land is cleaned as otherwise provided in 424
this subsection (2). The penalty provided herein shall not be 425
assessed against the State of Mississippi upon request for 426
reimbursement under Section 29-1-145, nor shall a municipality 427
clean a parcel owned by the State of Mississippi without first 428
giving notice. Upon written authority from the Secretary of 429
State's office, for state-owned properties, a municipality may 430
forgo the notification process that is prescribed in this 431
subsection and proceed to clean the properties and assess costs as 432
prescribed in this subsection, except that penalties shall not be 433
assessed against the State of Mississippi. A determination made 434
by an appropriate municipal employee under this subsection (2) 435
that the state or condition of property or a parcel of land is a 436
menace to the public health, safety and welfare of the community 437
shall not subsequently be used to replace a hearing if subsection 438
(1) of this section is later utilized by a municipality when the 439
prerequisites of this subsection (2) are not satisfied. 440
(3) If the governing authority declares, by resolution, that 441
the cost and any penalty shall be collected as a civil debt, the 442
governing authority may authorize the institution of a suit on 443
open account against the owner of the property in a court of 444
competent jurisdiction in the manner provided by law for the cost 445
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and any penalty, plus court costs, reasonable attorney's fees and 446
interest from the date that the property was cleaned. 447
(4) (a) If the governing authority declares that the cost 448
and any penalty shall be collected as an assessment against the 449
property, then the assessment above provided for shall be a lien 450
against the property and may be enrolled in the office of the 451
chancery clerk of the county as other liens and encumbrances are 452
enrolled, and the tax collector of the municipality shall, upon 453
order of the board of governing authorities, proceed to sell the 454
land to satisfy the lien as now provided by law for the sale of 455
lands for delinquent municipal taxes. The lien against the 456
property shall be an encumbrance upon the property and shall 457
follow title of the property. 458
(b) (i) All assessments levied under the provisions of 459
this section shall be included with municipal ad valorem taxes and 460
payment shall be enforced in the same manner in which payment is 461
enforced for municipal ad valorem taxes, and all statutes 462
regulating the collection of other taxes in a municipality shall 463
apply to the enforcement and collection of the assessments levied 464
under the provisions of this section, including utilization of the 465
procedures authorized under Sections 17-13-9(2) and 27-41-2. 466
(ii) All assessments levied under the provisions 467
of this section shall become delinquent at the same time municipal 468
ad valorem taxes become delinquent. Delinquencies shall be 469
collected in the same manner and at the same time delinquent ad 470
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valorem taxes are collected and shall bear the same penalties as 471
those provided for delinquent taxes. If the property is sold for 472
the nonpayment of an assessment under this section, it shall be 473
sold in the manner that property is sold for the nonpayment of 474
delinquent ad valorem taxes. If the property is sold for 475
delinquent ad valorem taxes, the assessment under this section 476
shall be added to the delinquent tax and collected at the same 477
time and in the same manner. 478
(5) All decisions rendered under the provisions of this 479
section may be appealed in the same manner as other appeals from 480
municipal boards or courts are taken. However, an appeal from a 481
decision of a municipal officer or official shall be made to the 482
governing authority and such appeal shall be in writing, state the 483
basis for the appeal and be filed with the city clerk no later 484
than seven (7) days from the latest date of notice required under 485
this section. All appeals shall be subject to Section 1 of this 486
act as prescribed under Section 1 of this act. 487
(6) Nothing contained under this section shall prevent any 488
municipality from enacting criminal penalties for failure to 489
maintain property so as not to constitute a menace to public 490
health, safety and welfare. 491
(7) (a) If private property or a parcel of land located 492
within a municipality is a perpetual care cemetery subject to 493
Section 41-43-1 et seq., the governing authority of the 494
municipality may proceed pursuant to the same provisions of this 495
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section used to determine whether a property is a public health 496
menace to instead determine if the perpetual care cemetery and all 497
structures on the cemetery are not being properly maintained and 498
have become detrimental to the public health and welfare. A 499
perpetual care cemetery that is "not being properly maintained and 500
has become detrimental to the public health and welfare" means a 501
perpetual care cemetery that shows signs of neglect, including, 502
without limitation, the unchecked growth of vegetation, repeated 503
and unchecked acts of vandalism, unusable entrances and exits, 504
excess rubbish or debris, or the disintegration of grave markers 505
or boundaries. Upon notice and opportunity to be heard as 506
provided in subsection (1) of this section, the governing 507
authority of the municipality may adjudicate the property or 508
parcel of land in its then condition to be not properly maintained 509
and detrimental to the public health and welfare, and if the owner 510
does not do so itself, may proceed to clean the property or parcel 511
of land as provided in subsection (1) of this section. When 512
cleaning the property or parcel of land of a perpetual care 513
cemetery pursuant to this subsection (7), the penalty or penalties 514
provided in subsection (1) of this section shall not be assessed 515
against owners of the perpetual care cemeteries. 516
(b) The governing authority of a municipality that 517
cleans the property or parcel of land of a perpetual care cemetery 518
pursuant to this subsection (7) may make application to the 519
Secretary of State for an order directing the trustee of the 520
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perpetual care cemetery trust fund to release accrued interest or 521
principal of the trust fund sufficient to reimburse the 522
municipality for only the actual cleanup costs incurred by the 523
municipality. The application to the Secretary of State shall 524
include a statement by the municipality that all of the 525
requirements of this section have been met. 526
(c) If the Secretary of State is satisfied that the 527
notice and hearing requirements of this section have been met, and 528
that the application for an order directing the trustee to release 529
accrued interest of the perpetual care cemetery trust fund does 530
not threaten the ability of the trust fund to provide for the care 531
and maintenance of the cemetery, the Secretary of State may order 532
the trustee to release accrued interest of the trust fund 533
sufficient to reimburse the municipality for the actual costs of 534
cleanup performed by the municipality. 535
(d) If the Secretary of State is satisfied that the 536
notice and hearing requirements of this section have been met, but 537
makes a determination that the accrued interest of the perpetual 538
care cemetery trust fund is insufficient to reimburse the 539
municipality for the actual costs of cleanup performed by the 540
municipality, or that an order to release accrued interest would 541
threaten the ability of the trust fund to provide for the care and 542
maintenance of the cemetery, the Secretary of State may consider 543
an order directing the trustee to reimburse the municipality from 544
the principal of the trust fund. If the Secretary of State 545
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ST: Automatic stay pending appeal; provide for
certain municipal/county rulings.
determines that an order to the trustee to release principal from 546
the trust fund will not threaten the solvency of the trust fund, 547
the Secretary of State may order the trustee to release principal 548
of the trust fund in an amount sufficient to reimburse the 549
municipality for the actual costs of cleanup performed by the 550
municipality. 551
(i) The Secretary of State may not order the 552
trustee to release an amount of more than fifteen percent (15%) of 553
principal of the trust fund to reimburse the municipality for the 554
actual costs of cleanup performed by the municipality. 555
(ii) The provisions of this section may be 556
utilized no more than once in a four-year period. 557
SECTION 5. This act shall take effect and be in force from 558
and after July 1, 2026. 559