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5022S.04C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 943
AN ACT
To repeal section 82.1025, RSMo, and to enact in lieu
thereof one new section relating to nuisance actions,
with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 82.1025, RSMo, is repealed and one new
section enacted in lieu thereof, to be known as section 82.1025,
to read as follows:
82.1025. 1. Sections 82.1025, 82.1027 and 82.1030
apply to a nuisance located within the boundaries of:
(1) Any city not within a county;
(2) Any home rule city with at least three hundred
fifty thousand inhabitants which is located in more than one
county;
(3) Any home rule city with more than one hundred
sixty thousand but fewer than two hundred thousand
inhabitants; [or]
(4) Any home rule city with more than seventy-one
thousand but fewer than seventy-nine thousand inhabitants; or
(5) Any city with more than one hundred five thousand
but fewer than one hundred twenty-five thousand inhabitants.
2. Any property owner who owns property within one
thousand two hundred feet of a parcel of property that 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.
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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
mailed notice of intent to bring an action under this
section, 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 mailed
notice. If the notice 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
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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 the
property has been in violation of the code or ordinance
provisions described in the citation.
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. An action for injunctive relief to abate a
nuisance shall be heard by the court without a jury and
shall not require proof that the party bringing the action
has sustained damage or loss as a result of the nuisance.
8. 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
attorneys' fees and expenses, based on the amount of time
reasonably expended, as ordered by the court, which award
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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. In addition to any other penalties or costs
associated with the abatement of a nuisance that are imposed
pursuant to sections 82.1025 to 82.1031, any person or
entity that is not a resident of this state and who is an
owner of property found to have a code or ordinance
violation shall be subject to a civil fine of two thousand
dollars per violation. Any property found to have a code or
ordinance violation and that is structurally unsafe or poses
a threat to persons or other property shall have such
nuisance abated within one year of the code or ordinance
violation. Any such property that is not abated within one
year, and any property with unpaid civil fines within two
years of the imposition of the fine shall be subject to sale
by the taxing jurisdiction in which the property is
located. The property shall be sold in an amount that will
satisfy the costs incurred for abating the property as well
as any outstanding civil fines. Such sale shall coincide
with the sale of delinquent properties under chapters 140
and 141.