82.1025. Nuisance action for deteriorated property (Jefferson, Platte, Franklin, and St. Louis counties, Springfield, St. Louis, Kansas City).
Nuisance action for deteriorated property (Jefferson, Platte,Franklin, and St. Louis counties, Springfield, St. Louis,Kansas City).
82.1025. 1. In any county of the first classification with a charterform of government and a population greater than nine hundred thousand, in anycounty of the first classification with more than one hundred ninety-eightthousand but fewer than one hundred ninety-nine thousand two hundredinhabitants, in any county of the first classification with more thanseventy-three thousand seven hundred but fewer than seventy-three thousandeight hundred inhabitants, in any county of the first classification with morethan ninety-three thousand eight hundred but fewer than ninety-three thousandnine hundred inhabitants, in any home rule city with more than one hundredfifty-one thousand five hundred but fewer than one hundred fifty-one thousandsix hundred inhabitants, in any city not within a county and in any city withat least three hundred fifty thousand inhabitants which is located in morethan one county, a parcel of property is a nuisance, if such propertyadversely affects the property values of a neighborhood because the owner ofsuch property allows the property to be in a deteriorated condition, due toneglect, violation of a county or municipal building code or standard,abandonment, failure to repair after a fire, flood or some other damage to theproperty or because the owner or resident of the property allows clutter onthe property such as abandoned automobiles, appliances or similar objects.Any property owner who owns property within a reasonable distance to a parcelof property which is alleged to be a nuisance may bring a nuisance actionagainst the offending property owner for the amount of damage created by suchproperty to the value of the petitioner's property and court costs, providedthat the owner of the property which is alleged to be a nuisance has receivednotification of the alleged nuisance and has had a reasonable opportunity, notto exceed forty-five days, to correct the alleged nuisance. This section isnot intended to abrogate, and shall not be construed as abrogating, any remedyavailable under the common law of private nuisance.
2. A nuisance action for injunctive relief may be brought by aneighborhood organization, as defined in section 32.105, RSMo, representingany person or persons who could maintain a nuisance action under this sectionor under the common law of private nuisance.
(L. 1994 H.B. 1115 § 1, A.L. 1995 H.B. 383, A.L. 1998 H.B. 977 & 1608, A.L. 1999 H.B. 103, A.L. 2005 H.B. 58)CROSS REFERENCE:
Nuisance abatement ordinances authorized for debris or noxious weeds on property, effect of failure to remove nuisance, penalty, RSMo 67.398