441.510. Civil action, how maintained--procedure.
Civil action, how maintained--procedure.
441.510. 1. If any building or dwelling is found to be in violationof building or housing codes which the county, municipality, local housingcorporation or neighborhood association in the exercise of reasonablediscretion believes constitutes a threat to the public health, safety orwelfare, and alleges the nature of such threat in its petition, the county,municipality, local housing corporation or neighborhood association, inaddition to any other remedies available to it, may apply to a court ofcompetent jurisdiction for the appointment of a receiver to perform anabatement.
2. At least sixty days prior to the filing of an application forappointment of a receiver pursuant to sections 441.500 to 441.643, thecounty, municipality, local housing corporation or neighborhood associationshall give written notice by regular mail to all interested parties of itsintent to file the application and information relative to:
(1) The identity of the property;
(2) The violations of the building or housing codes giving rise tothe application for the receiver;
(3) The name, address and telephone number of the person ordepartment where additional information can be obtained concerningviolations and their remedy; and
(4) The county, municipality, local housing corporation orneighborhood association which may seek the appointment of a receiverpursuant to sections 441.500 to 441.643 unless action is taken within sixtydays by an interested party.
3. A county, municipality, local housing corporation or neighborhoodassociation may not apply for the appointment of a receiver pursuant tosections 441.500 to 441.643 if an interested party has commenced and isthen prosecuting in a timely fashion an action or other judicial ornonjudicial proceeding to foreclose a security interest on the property, orto obtain specific performance of a land sale contract, or to forfeit apurchaser's interest under a land sale contract.
4. Notice of the application for the appointment of a receiver shallbe served on all interested parties.
5. If, following the application for appointment of a receiver, oneor more of the interested parties elects to correct the conditions at theproperty giving rise to the application for the appointment of a receiver,the party or parties shall be required to post security in an amount andcharacter as the court deems appropriate to ensure timely performance ofall work necessary to make corrections, as well as such other conditions asthe court deems appropriate to effect the timely completion of thecorrections by the interested party or parties.
6. In the event that no interested party elects to act pursuant tosubsection 5 of this section or fails to timely perform work undertakenpursuant to subsection 5 of this section, the court shall make adetermination that the property is in an unsafe or insanitary condition andappoint a receiver to complete the abatement.
7. A receiver appointed by the court pursuant to sections 441.500 to441.643 shall not be required to give security or bond of any sort prior toappointment.
(L. 1969 p. 537 § 2, A.L. 1978 H.B. 1634, A.L. 1993 S.B. 376, A.L. 1998 H.B. 977 & 1608, A.L. 2001 H.B. 133)