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To: Municipalities;
Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Fondren, Foster
HOUSE BILL NO. 970
AN ACT TO AMEND SECTIONS 21-19-11 AND 19-5-105, MISSISSIPPI 1
CODE OF 1972, TO PROVIDE THAT ANY MUNICIPAL GOVERNING AUTHORITY 2
AND ANY COUNTY BOARD OF SUPERVISORS MAY DETERMINE WHETHER PROPERTY 3
THAT HAS A RIPARIAN OWNER IS A MENACE TO THE PUBLIC HEALTH, SAFETY 4
AND WELFARE OF THE COMMUNITY; TO PROVIDE THAT SUCH PROPERTY MAY BE 5
ASSESSED CERTAIN FEES AND PENALTIES, UNDER CERTAIN CIRCUMSTANCES, 6
FOR THE CLEANING OF SUCH PROPERTY IF THE PROPERTY IS ADJUDICATED A 7
MENACE BY THE GOVERNING AUTHORITY OF A MUNICIPALITY OR THE BOARD 8
OF SUPERVISORS OF A COUNTY; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 21-19-11, Mississippi Code of 1972, is 11
amended as follows: 12
21-19-11. (1) To determine whether property or parcel of 13
land, or property or parcel of land that has a riparian owner, 14
located within a municipality is in such a state of uncleanliness 15
as to be a menace to the public health, safety and welfare of the 16
community, a governing authority of any municipality shall conduct 17
a hearing, on its own motion, or upon the receipt of a petition 18
signed by a majority of the residents residing within four hundred 19
(400) feet of any property or parcel, or any property or parcel 20
that has a riparian owner, of land alleged to be in need of the 21
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cleaning. Notice shall be provided to the property owner or 22
riparian owner, as the case may be, by: 23
(a) United States mail two (2) weeks before the date of 24
the hearing mailed to the address of the subject property, which 25
may include property that has a riparian owner, except where the 26
land or structure(s) is apparently vacant, and to the address 27
where the ad valorem tax notice for such property is sent by the 28
office charged with collecting ad valorem tax; and 29
(b) Posting notice for at least two (2) weeks before 30
the date of a hearing on the property or parcel of land, or the 31
property or parcel of land that has a riparian owner, alleged to 32
be in need of cleaning and at city hall or another place in the 33
municipality where such notices are posted. 34
Any notice required by this section shall include language 35
that informs the property owner or riparian owner, as the case may 36
be, that an adjudication at the hearing that the property or 37
parcel of land, or property or parcel of land that has a riparian 38
owner, is in need of cleaning will authorize the municipality to 39
reenter the property or parcel of land, or property or parcel of 40
land that has a riparian owner, for a period of two (2) years 41
after final adjudication without any further hearing if notice is 42
posted on the property or parcel of land, or property or parcel of 43
land that has a riparian owner, and at city hall or another place 44
in the municipality where such notices are generally posted at 45
least seven (7) days before the property or parcel of land, or 46
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property or parcel of land that has a riparian owner, is reentered 47
for cleaning. A copy of the required notice mailed and posted as 48
required by this section shall be recorded in the minutes of the 49
governing authority in conjunction with the hearing required by 50
this section. 51
If, at such hearing, the governing authority shall adjudicate 52
the property or parcel of land, or property or parcel of land that 53
has a riparian owner, in its then condition to be a menace to the 54
public health, safety and welfare of the community, the governing 55
authority, if the owner or riparian owner, as the case may be, 56
does not do so himself, shall proceed to clean the land, by the 57
use of municipal employees or by contract, by cutting grass and 58
weeds; filling cisterns; securing abandoned or dilapidated 59
buildings; removing rubbish, abandoned or dilapidated fences, 60
outside toilets, abandoned or dilapidated buildings, slabs, 61
personal property, which removal of personal property shall not be 62
subject to the provisions of Section 21-39-21, and other debris; 63
and draining cesspools and standing water therefrom as well as for 64
land that has a riparian owner, the governing authority may 65
remove, repair or secure any vessel that has been abandoned or any 66
hazardous obstruction such as a wharf, pier, piling, bulkhead or 67
other structure or vessel that endangers the public health or 68
safety of other persons or that might endanger the public health 69
or safety of other persons or that might constitute a hazard or 70
obstruction to the lawful use of the water. The governing 71
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authority may by resolution adjudicate the actual cost of cleaning 72
the property and may also impose a penalty not to exceed One 73
Thousand Five Hundred Dollars ($1,500.00) or fifty percent (50%) 74
of the actual cost, whichever is more. The cost and any penalty 75
may become a civil debt against the property owner, and/or, at the 76
option of the governing authority, an assessment against the 77
property. The "cost assessed against the property" means either 78
the cost to the municipality of using its own employees to do the 79
work or the cost to the municipality of any contract executed by 80
the municipality to have the work done, and administrative costs 81
and legal costs of the municipality. For subsequent cleaning 82
within the one-year period after the date of the hearing at which 83
the property or parcel of land, or property or parcel of land that 84
has a riparian owner, was adjudicated in need of cleaning, upon 85
seven (7) days' notice posted both on the property or parcel of 86
land, or property or parcel of land that has a riparian owner, 87
adjudicated in need of cleaning and at city hall or another place 88
in the municipality where such notices are generally posted, and 89
consistent with the municipality's adjudication as authorized in 90
this subsection (1), a municipality may reenter the property or 91
parcel of land, or property or parcel of land that has a riparian 92
owner, to maintain cleanliness without further notice or hearing 93
no more than six (6) times in any twelve-month period with respect 94
to removing or securing abandoned or dilapidated buildings, slabs, 95
dilapidated fences * * *, outside toilets, as well as vessels or 96
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other hazardous obstructions, as set out under this section, on 97
property or parcel of land that has a riparian owner, and no more 98
than twelve (12) times in any twenty-four-month period with 99
respect to cutting grass and weeds and removing rubbish, personal 100
property and other debris on the land, as well as vessels or other 101
hazardous obstructions, as set out under this section, on property 102
or parcel of land that has a riparian owner and the expense of 103
cleaning of the property, except as otherwise provided in this 104
section for removal of hazardous substances, shall not exceed an 105
aggregate amount of Twenty Thousand Dollars ($20,000.00) per year, 106
or the fair market value of the property subsequent to cleaning, 107
whichever is more. The aggregate cost of removing hazardous 108
substances will be the actual cost of such removal to the 109
municipality and shall not be subject to the cost limitations 110
provided in this subsection. The governing authority may assess 111
the same penalty for each time the property or land is cleaned as 112
otherwise provided in this section. The penalty provided herein 113
shall not be assessed against the State of Mississippi upon 114
request for reimbursement under Section 29-1-145, nor shall a 115
municipality clean a parcel owned by the State of Mississippi 116
without first giving notice. Upon written authority from the 117
Secretary of State's office, for state-owned properties, a 118
municipality may forgo the notification process that is prescribed 119
in this subsection and proceed to clean the properties and assess 120
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costs as prescribed in this subsection, except that penalties 121
shall not be assessed against the State of Mississippi. 122
(2) When the fee or cost to clean property or a parcel of 123
land, or property or a parcel of land that has a riparian owner, 124
that is one (1) acre or less does not exceed Two Hundred Fifty 125
Dollars ($250.00), excluding administrative costs, and the 126
property or parcel is located within a municipality having a 127
population over one thousand five hundred (1,500), the governing 128
authority of the municipality may authorize one or more of its 129
employees to determine whether the property or parcel of land, or 130
the property or parcel of land that has a riparian owner, is in 131
such a state of uncleanliness as to be a menace to the public 132
health, safety and welfare of the community and the determination 133
made by the authorized municipal employee shall be set forth and 134
recorded in the minutes of the governing authority. Notice of 135
this determination shall be provided to the property owner or 136
riparian owner, as the case may be, by: 137
(a) United States mail seven (7) days before the date 138
of cleaning of the property or parcel of land, or the property or 139
parcel of land that has a riparian owner, mailed to the address of 140
the subject property, except where the land or structure(s) is 141
apparently vacant, and to the address where the ad valorem tax 142
notice for such property is sent by the office charged with 143
collecting ad valorem tax; and 144
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(b) Posting notice for at least seven (7) days before 145
the cleaning of the property or parcel of land, or the property or 146
parcel of land that has a riparian owner, and at city hall or 147
another place in the municipality where such notices are posted. 148
Any notice required by this subsection shall include language 149
that informs the property owner that the appropriate municipal 150
official has determined that the property or parcel of land, or 151
the property or parcel of land that has a riparian owner, is a 152
menace to the public health, safety and welfare of the community 153
and in need of cleaning and the municipality is authorized to 154
enter the property for cleaning and that the municipality is 155
further authorized to reenter the property or parcel of land, or 156
the property or parcel of land that has a riparian owner, for a 157
period of two (2) years after this cleaning without any further 158
hearing or action if notice is posted on the property or parcel of 159
land, or the property or parcel of land that has a riparian owner, 160
and at city hall or another place in the municipality where such 161
notices are generally posted at least seven (7) days before the 162
property or parcel of land, or the property or parcel of land that 163
has a riparian owner, is reentered for cleaning. A copy of the 164
required notice mailed and posted as required by this subsection 165
shall be recorded in the minutes of the governing authority in 166
conjunction with the determination made by the municipal employee 167
in this subsection (2). 168
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If an authorized municipal employee determines that the 169
condition of property or parcel of land, or the property or parcel 170
of land that has a riparian owner, is a menace to the public 171
health, safety and welfare of the community, the governing 172
authority, if the owner does not do so himself, shall proceed to 173
clean the land, by the use of municipal employees or by contract, 174
by cutting grass and weeds; filling cisterns; securing abandoned 175
or dilapidated buildings; removing rubbish, abandoned or 176
dilapidated fences, outside toilets, abandoned or dilapidated 177
buildings, slabs, personal property, which removal of personal 178
property shall not be subject to the provisions of Section 179
21-39-21, and other debris; and draining cesspools and standing 180
water therefrom as well as for land that has a riparian owner, the 181
governing authority may remove, repair or secure any vessel which 182
has been abandoned or any hazardous obstruction such as a wharf, 183
pier, piling, bulkhead or other structure which endangers the 184
public health or safety of other persons or which might endanger 185
the public health or safety of other persons or which might 186
constitute a hazard or obstruction to the lawful use of the water. 187
The governing authority shall by resolution adjudicate the actual 188
cost of cleaning the property under this provision, provided the 189
same does not exceed Two Hundred Fifty Dollars ($250.00) and may 190
also impose a penalty not to exceed One Hundred Dollars ($100.00) 191
or one hundred percent (100%) of the actual cost of cleaning the 192
property, whichever is more. The cost and any penalty imposed may 193
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become a civil debt against the property owner, and/or, at the 194
option of the governing authority, an assessment against the 195
property. The "cost assessed against the property" means either 196
the cost to the municipality of using its own employees to do the 197
work or the cost to the municipality of any contract executed by 198
the municipality to have the work done, and additionally may 199
include administrative costs of the municipality not to exceed 200
Fifty Dollars ($50.00). For subsequent cleaning within the 201
one-year period set forth in this subsection (2), upon seven (7) 202
days' notice posted both on the property or parcel of land, or on 203
the property or parcel of land that has a riparian owner, 204
adjudicated in need of cleaning and at city hall or another place 205
in the municipality where such notices are generally posted, and 206
consistent with the municipal official's determination as 207
authorized in this subsection (2), a municipality may reenter the 208
property or parcel of land, or the property or parcel of land that 209
has a riparian owner, to maintain cleanliness without further 210
notice or hearing under this subsection (2) no more than six (6) 211
times in any twelve-month period with respect to removing or 212
securing abandoned or dilapidated buildings, slabs, dilapidated 213
fences and outside toilets, and vessels and other hazardous 214
obstructions, as set out under this section on property or parcel 215
of land that has a riparian owner and no more than twelve (12) 216
times in any twenty-four-month period with respect to cutting 217
grass and weeds and removing rubbish, personal property and other 218
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debris on the land, and vessels and other hazardous obstructions, 219
as set out under this section on any property or parcel of land 220
that has a riparian owner and the expense of cleaning of the 221
property shall not exceed an aggregate amount of One Thousand 222
Dollars ($1,000.00) per year under this subsection (2). The 223
governing authority may assess the same actual costs, 224
administrative costs and penalty for each time the property or 225
land, or the property or land that has a riparian owner, is 226
cleaned as otherwise provided in this subsection (2). The penalty 227
provided herein shall not be assessed against the State of 228
Mississippi upon request for reimbursement under Section 29-1-145, 229
nor shall a municipality clean a parcel owned by the State of 230
Mississippi without first giving notice. Upon written authority 231
from the Secretary of State's office, for state-owned properties, 232
a municipality may forgo the notification process that is 233
prescribed in this subsection and proceed to clean the properties 234
and assess costs as prescribed in this subsection, except that 235
penalties shall not be assessed against the State of Mississippi. 236
A determination made by an appropriate municipal employee under 237
this subsection (2) that the state or condition of property or a 238
parcel of land, or the property or parcel of land that has a 239
riparian owner, is a menace to the public health, safety and 240
welfare of the community shall not subsequently be used to replace 241
a hearing if subsection (1) of this section is later utilized by a 242
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municipality when the prerequisites of this subsection (2) are not 243
satisfied. 244
(3) If the governing authority declares, by resolution, that 245
the cost and any penalty shall be collected as a civil debt, the 246
governing authority may authorize the institution of a suit on 247
open account against the owner of the property in a court of 248
competent jurisdiction in the manner provided by law for the cost 249
and any penalty, plus court costs, reasonable attorney's fees and 250
interest from the date that the property was cleaned. 251
(4) (a) If the governing authority declares that the cost 252
and any penalty shall be collected as an assessment against the 253
property, then the assessment above provided for shall be a lien 254
against the property and may be enrolled in the office of the 255
chancery clerk of the county as other liens and encumbrances are 256
enrolled, and the tax collector of the municipality shall, upon 257
order of the board of governing authorities, proceed to sell the 258
land to satisfy the lien as now provided by law for the sale of 259
lands for delinquent municipal taxes. The lien against the 260
property shall be an encumbrance upon the property and shall 261
follow title of the property. 262
(b) (i) All assessments levied under the provisions of 263
this section shall be included with municipal ad valorem taxes and 264
payment shall be enforced in the same manner in which payment is 265
enforced for municipal ad valorem taxes, and all statutes 266
regulating the collection of other taxes in a municipality shall 267
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apply to the enforcement and collection of the assessments levied 268
under the provisions of this section, including utilization of the 269
procedures authorized under Sections 17-13-9(2) and 27-41-2. 270
(ii) All assessments levied under the provisions 271
of this section shall become delinquent at the same time municipal 272
ad valorem taxes become delinquent. Delinquencies shall be 273
collected in the same manner and at the same time delinquent ad 274
valorem taxes are collected and shall bear the same penalties as 275
those provided for delinquent taxes. If the property is sold for 276
the nonpayment of an assessment under this section, it shall be 277
sold in the manner that property is sold for the nonpayment of 278
delinquent ad valorem taxes. If the property is sold for 279
delinquent ad valorem taxes, the assessment under this section 280
shall be added to the delinquent tax and collected at the same 281
time and in the same manner. 282
(5) All decisions rendered under the provisions of this 283
section may be appealed in the same manner as other appeals from 284
municipal boards or courts are taken. However, an appeal from a 285
decision of a municipal officer or official shall be made to the 286
governing authority and such appeal shall be in writing, state the 287
basis for the appeal and be filed with the city clerk no later 288
than seven (7) days from the latest date of notice required under 289
this section. 290
(6) Nothing contained under this section shall prevent any 291
municipality from enacting criminal penalties for failure to 292
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maintain property so as not to constitute a menace to public 293
health, safety and welfare. 294
(7) (a) If private property or a parcel of land located 295
within a municipality is a perpetual care cemetery subject to 296
Section 41-43-1 et seq., the governing authority of the 297
municipality may proceed pursuant to the same provisions of this 298
section used to determine whether a property is a public health 299
menace to instead determine if the perpetual care cemetery and all 300
structures on the cemetery are not being properly maintained and 301
have become detrimental to the public health and welfare. A 302
perpetual care cemetery that is "not being properly maintained and 303
has become detrimental to the public health and welfare" means a 304
perpetual care cemetery that shows signs of neglect, including, 305
without limitation, the unchecked growth of vegetation, repeated 306
and unchecked acts of vandalism, unusable entrances and exits, 307
excess rubbish or debris, or the disintegration of grave markers 308
or boundaries. Upon notice and opportunity to be heard as 309
provided in subsection (1) of this section, the governing 310
authority of the municipality may adjudicate the property or 311
parcel of land in its then condition to be not properly maintained 312
and detrimental to the public health and welfare, and if the owner 313
does not do so itself, may proceed to clean the property or parcel 314
of land as provided in subsection (1) of this section. When 315
cleaning the property or parcel of land of a perpetual care 316
cemetery pursuant to this subsection (7), the penalty or penalties 317
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provided in subsection (1) of this section shall not be assessed 318
against owners of the perpetual care cemeteries. 319
(b) The governing authority of a municipality that 320
cleans the property or parcel of land of a perpetual care cemetery 321
pursuant to this subsection (7) may make application to the 322
Secretary of State for an order directing the trustee of the 323
perpetual care cemetery trust fund to release accrued interest or 324
principal of the trust fund sufficient to reimburse the 325
municipality for only the actual cleanup costs incurred by the 326
municipality. The application to the Secretary of State shall 327
include a statement by the municipality that all of the 328
requirements of this section have been met. 329
(c) If the Secretary of State is satisfied that the 330
notice and hearing requirements of this section have been met, and 331
that the application for an order directing the trustee to release 332
accrued interest of the perpetual care cemetery trust fund does 333
not threaten the ability of the trust fund to provide for the care 334
and maintenance of the cemetery, the Secretary of State may order 335
the trustee to release accrued interest of the trust fund 336
sufficient to reimburse the municipality for the actual costs of 337
cleanup performed by the municipality. 338
(d) If the Secretary of State is satisfied that the 339
notice and hearing requirements of this section have been met, but 340
makes a determination that the accrued interest of the perpetual 341
care cemetery trust fund is insufficient to reimburse the 342
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municipality for the actual costs of cleanup performed by the 343
municipality, or that an order to release accrued interest would 344
threaten the ability of the trust fund to provide for the care and 345
maintenance of the cemetery, the Secretary of State may consider 346
an order directing the trustee to reimburse the municipality from 347
the principal of the trust fund. If the Secretary of State 348
determines that an order to the trustee to release principal from 349
the trust fund will not threaten the solvency of the trust fund, 350
the Secretary of State may order the trustee to release principal 351
of the trust fund in an amount sufficient to reimburse the 352
municipality for the actual costs of cleanup performed by the 353
municipality. 354
(i) The Secretary of State may not order the 355
trustee to release an amount of more than fifteen percent (15%) of 356
principal of the trust fund to reimburse the municipality for the 357
actual costs of cleanup performed by the municipality. 358
(ii) The provisions of this section may be 359
utilized no more than once in a four-year period. 360
SECTION 2. Section 19-5-105, Mississippi Code of 1972, is 361
amended as follows: 362
19-5-105. (1) To determine whether property or a parcel of 363
land, or property or a parcel of land that has a riparian owner, 364
located within a county is in such a state of uncleanliness as to 365
be a menace to the public health, safety and welfare of the 366
community, the board of supervisors of any county is authorized 367
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and empowered to conduct a hearing on its own motion, or upon the 368
receipt of a petition requesting the board of supervisors to act 369
signed by a majority of the residents eighteen (18) years of age 370
or older, residing upon any street or alley, within reasonable 371
proximity of any property or any property that has a riparian 372
owner alleged to be in need of cleaning, or within seven hundred 373
fifty (750) feet of the precise location of the alleged menace 374
situated on any parcel of land or land that has a riparian owner 375
which is located in a populated area or in a housing subdivision 376
and alleged to be in need of cleaning. 377
Notice shall be provided to the property owner or riparian 378
owner, as the case may be, by: 379
(a) United States mail two (2) weeks before the date of 380
the hearing mailed to the address of the subject property, which 381
may include property that has a riparian owner, and to the address 382
where the ad valorem tax notice for such property is sent by the 383
office charged with collecting ad valorem tax; and 384
(b) Posting notice for at least two (2) weeks before 385
the date of a hearing on the property or parcel of land, or the 386
property or parcel of land that has a riparian owner, alleged to 387
be in need of cleaning and at the county courthouse or another 388
place in the county where such notices are posted. 389
The notice required by this subsection (1) shall include 390
language that informs the property owner, or riparian owner, as 391
the case may be, that an adjudication at the hearing that the 392
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property or parcel of land ,or the property or parcel of land that 393
has a riparian owner, is in need of cleaning will authorize the 394
board of supervisors to reenter the property or parcel of land ,or 395
the property or parcel of land that has a riparian owner, for a 396
period of one (1) year after the hearing without any further 397
hearing, if notice is posted on the property or parcel of land ,or 398
the property or parcel of land that has a riparian owner, and at 399
the county courthouse or another place in the county where such 400
notices are generally posted at least seven (7) days before the 401
property or parcel of land,or the property or parcel of land that 402
has a riparian owner, is reentered for cleaning. A copy of the 403
required notice mailed and posted as required by this subsection 404
(1) shall be recorded in the minutes of the board of supervisors 405
in conjunction with the hearing required by this subsection. 406
If at such hearing the board of supervisors shall in its 407
resolution adjudicate such parcel of land, or such parcel of land 408
that has a riparian owner, in its then condition to be a menace to 409
the public health and safety of the community, the board of 410
supervisors may, if the owner not do so himself, proceed to have 411
the land cleaned by cutting weeds, filling cisterns, and removing 412
rubbish, dilapidated fences, outside toilets, dilapidated 413
buildings and other debris, and draining cesspools and standing 414
water as well as for land that has a riparian owner, the governing 415
authority may remove, repair or secure any vessel that has been 416
abandoned or any hazardous obstruction such as a wharf, pier, 417
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piling, bulkhead or other structure or vessel that endangers the 418
public health or safety of other persons or that might endanger 419
the public health or safety of other persons or that might 420
constitute a hazard or obstruction to the lawful use of the water. 421
Thereafter, the board of supervisors may at its next regular 422
meeting by resolution adjudicate the actual cost of cleaning the 423
land and may also impose a penalty not to exceed One Thousand Five 424
Hundred Dollars ($1,500.00) or fifty percent (50%) of the actual 425
cost, whichever is more. The cost and any penalty shall become an 426
assessment against the property. The "cost assessed against the 427
property" means either the cost to the county of using its own 428
employees to do the work or the cost to the county of any contract 429
executed by the county to have the work done, and administrative 430
costs and legal costs of the county. 431
A county may reenter the property or parcel of land, or the 432
property or parcel of land that has a riparian owner, to maintain 433
cleanliness without further notice of hearing no more than six (6) 434
times in any twelve-month period with respect to removing 435
dilapidated buildings, dilapidated fences and outside toilets, as 436
well as vessels or other hazardous obstructions, as set out under 437
this section, on property or parcel of land that has a riparian 438
owner, and no more than twelve (12) times in any twenty-four-month 439
period with respect to cutting grass and weeds and removing 440
rubbish, personal property and other debris on the lands, as well 441
as vessels or other hazardous obstructions, as set out under this 442
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section, on property or parcel of land that has a riparian owner. 443
The expense of cleaning the property shall not exceed an aggregate 444
amount of Twenty Thousand Dollars ($20,000.00) per year, or the 445
fair market value of the property subsequent to cleaning, 446
whichever is less. The board of supervisors may assess the same 447
penalty each time the property or land is cleaned as otherwise 448
provided in this subsection (1). 449
The penalty provided in this subsection (1) shall not be 450
assessed against the State of Mississippi upon request for 451
reimbursement under Section 29-1-145, nor shall a county clean a 452
parcel owned by the State of Mississippi without first giving 453
notice. 454
The assessment authorized by this subsection (1) shall be a 455
lien against the property and may be enrolled in the office of the 456
circuit clerk of the county as other judgments are enrolled, and 457
the tax collector of the county shall, upon order of the board of 458
supervisors, proceed to sell the land to satisfy the lien as now 459
provided by law for the sale of lands for delinquent taxes. 460
Furthermore, the property owner whose land has been sold pursuant 461
to this subsection (1) shall have the same right of redemption as 462
now provided by law for the sale of lands for delinquent taxes. 463
All decisions rendered under the provisions of this subsection may 464
be appealed in the same manner as other appeals from county 465
boards. 466
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(2) (a) If private property or a parcel of land located 467
within a county is a perpetual care cemetery subject to Section 468
41-43-1 et seq., the board of supervisors of the county may 469
proceed pursuant to the same provisions of subsection (1) of this 470
section used to determine whether a property is a public health 471
menace to instead determine if the perpetual care cemetery and all 472
structures on the cemetery are not being properly maintained and 473
have become detrimental to the public health and welfare. A 474
perpetual care cemetery that is "not being properly maintained and 475
has become detrimental to the public health and welfare" means a 476
perpetual care cemetery that shows signs of neglect, including, 477
without limitation, the unchecked growth of vegetation, repeated 478
and unchecked acts of vandalism, unusable entrances and exits, 479
excess rubbish or debris, or the disintegration of grave markers 480
or boundaries. Upon notice and opportunity to be heard as 481
provided in subsection (1) of this section, the board of 482
supervisors of the county may adjudicate the property or parcel of 483
land in its then condition to be not properly maintained and 484
detrimental to the public health and welfare, and if the owner 485
does not do so itself, may proceed to clean the property or parcel 486
of land as provided in subsection (1) of this section. When 487
cleaning the property or parcel of land of a perpetual care 488
cemetery pursuant to this subsection (2), the penalty or penalties 489
provided in subsection (1) of this section shall not be assessed 490
against owners of the perpetual care cemeteries. 491
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(b) The board of supervisors of a county that cleans 492
property or parcel of land of a perpetual care cemetery pursuant 493
to this subsection (2) may make application to the Secretary of 494
State for an order directing the trustee of the perpetual care 495
cemetery trust fund to release accrued interest or principal of 496
the trust fund sufficient to reimburse the county for only the 497
actual cleanup costs incurred by the county. The application to 498
the Secretary of State shall include a statement by the county 499
that all of the requirements of this section have been met. 500
(c) If the Secretary of State is satisfied that the 501
notice and hearing requirements of this section have been met, and 502
that the application for an order directing the trustee to release 503
accrued interest of the perpetual care cemetery trust fund does 504
not threaten the ability of the trust fund to provide for the care 505
and maintenance of the cemetery, the Secretary of State may order 506
the trustee to release up to the total amount of accrued interest 507
of the trust fund in an amount sufficient to reimburse the county 508
for the actual costs of cleanup performed by the county. 509
(d) If the Secretary of State is satisfied that the 510
notice and hearing requirements of this section have been met, but 511
makes a determination that the accrued interest of the perpetual 512
care cemetery trust fund is insufficient to reimburse the county 513
for the actual costs of cleanup performed by the county, or that 514
an order to release accrued interest would threaten the ability of 515
the trust fund to provide for the care and maintenance of the 516
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ST: Counties and municipalities; authorize to
adjudicate property with a riparian owner as a
menace under certain circumstances.
cemetery, the Secretary of State may consider an order directing 517
the trustee to reimburse the county from the principal of the 518
trust fund. If the Secretary of State determines that an order to 519
the trustee to release principal from the trust fund will not 520
threaten the solvency of the trust fund, the Secretary of State 521
may order the trustee to release principal of the trust fund in an 522
amount sufficient to reimburse the county for the actual costs of 523
cleanup performed by the county. 524
(i) The Secretary of State may not order the 525
trustee to release an amount of more than fifteen percent (15%) of 526
principal of the trust fund to reimburse the county for the actual 527
costs of cleanup performed by the county. 528
(ii) The provisions of this section may be 529
utilized no more than once in a four-year period. 530
SECTION 3. This act shall take effect and be in force from 531
and after July 1, 2026. 532