TOM MORTON HB0415 Rizzo, Henry C Hoppe, Thomas

P R E F I L E D

HB 415 -- Nuisance Ordinances

Co-Sponsors: Rizzo and Hoppe

This bill consolidates the two versions of RSMo 67.410 currently in the statutes and settles the contradictions between the two statutes.

If the building commissioner decides that a building owner's response to a declaration of nuisance has been inadequate, then the commissioner may call a hearing between all affected parties. All parties must receive at least 10 days notice (instead of 21 days). The hearing can determine that a building or structure is a nuisance or detriment to the residents of a county, regardless of classification; the repealed language stated a building could be determined a nuisance or detriment to only a charter county. A contractor may be used to demolish, secure, repair, or clean the building and property. The amount of casualty insurance proceeds which political subdivisions may claim against nuisance properties is 25% (not 10%). Kansas City and St. Louis are exempt from the rules outlined in this section.

In addition, this bill allows St. Louis and Kansas City to declare property a nuisance regardless of whether the building's deteriorated condition is consistent with the general neighborhood. Also, language is added stating that RSMo 82.1025 is not intended to abrogate any remedy available under the common law of private nuisance.