SCS/SB 731 - Under current law, property in certain counties and cities is considered a nuisance if it adversely affects the property values of a neighborhood due to neglect or violation of a code or standard in addition to other reasons. This act provides that the property is also a nuisance if it affects the value of any property in the neighborhood and adds the actions of failure to reasonably maintain the property and violations of ordinances to the list of actions that lead to liability for the nuisance. Current law allows any person who owns property within a reasonable distance to nuisance property in such counties and cities to bring a nuisance action for damages. This act only allows those who live within 1,200 feet to bring a nuisance action.
Current law allows a neighborhood organization in such cities and counties representing any person who could maintain a nuisance action to bring a nuisance action for injunctive relief. This act provides that anyone who owns property within 1,200 feet of the nuisance may also bring an action for injunctive relief. In addition, this act redefines neighborhood organization and provides that such organizations may bring nuisance actions on behalf of any person who owns property within the neighborhood described in the organization's articles of incorporation or bylaws. This act requires a neighborhood organization to certify certain facts when filing a nuisance action.
Under this act, provisions regarding a neighborhood association's ability to bring nuisance actions that currently apply to Kansas City are made to also apply to the City of St. Louis. This act modifies the definitions governing these provisions and the notice requirements for such actions.
Current law allows a neighborhood organization representing persons aggrieved by an ordinance violation in Kansas City to seek injunctive relief. This act allows a neighborhood organization in St. Louis or Kansas City to seek injunctive relief, on behalf of an owner or resident of property that is within 1,200 feet of a property on which there is a code violation that is in the neighborhood described in the articles or bylaws of the organization, or on its own behalf with respect to a violation on property anywhere in the neighborhood.
Current law prohibits nuisance actions against residential rental properties by neighborhood organizations under these provisions unless the municipal code enforcement agency has issued a nuisance violation notice at least 45 days before the action is brought. This act repeals the limitation and provides that the action may not be brought if there is a citation pending against the property by the city based on a violation of the same code or ordinance provision unless it has been pending for at least 45 days and the violation has not been abated.
This act prohibits neighborhood organizations from brining nuisance actions if the organization has certain interests in real estate in the city or county in which the nuisance property is located.
This act repeals a provision of current law, which specifies that standing is not granted under the statutes for a nuisance action in Kansas City involving a physical interior defect or a violation of municipal alcoholic beverages laws.
Actions are prohibited from being brought against a property owner who is in good faith compliance with an order issued by the Department of Natural Resources, Environmental Protection Agency, or the Attorney General's Office.
MEGHAN LUECKE