FEATURE Review by Stephanie Karr
Nuisance Abatement
Note: It is important to involve your city attorney in matters involving derelict properties. While a few options and general procedures are addressed here, many situations will present unique circumstances that must be specifically considered. This article should not take the place of the advice from someone familiar with the specific facts relating to a particular property. In my experience, there are very few issues that will generate more contact with elected officials than derelict properties. Fortunately, all cities have a certain level of authority to deal with these types of matters.
Abatement Of Nuisances When courtesy contact with the owner and citations for violations are not effective, the city has the option to abate nuisance conditions for the public good. It should be noted that not all ordinance violations will constitute a nuisance. The condition must be detrimental to the public’s health and safety; if it meets this standard, it may be abated. Prior to the city undertaking the work to remedy the nuisance, the city must follow certain procedures to ensure that the property owner receives due process. If the city follows the correct process, the costs incurred by the city to abate the nuisance will become a debt of the owner and a lien on the property. Because dangerous buildings are addressed under separate statutes from other nuisances, they will be addressed separately here. 6
theReview March/April 2020
Dangerous Buildings Sections 67.400–67.450, RSMo provide for demolition or repair of buildings or structures that are damaged or deteriorated so as to be detrimental to the public health, safety or welfare, and declared to be a public nuisance. If the owner fails to act, the statutes allow the city to take certain actions with respect to a derelict structure including demolition. The city should have an ordinance in place that provides procedural safeguards including adequate notice and a full evidentiary hearing. Section 67.410 RSMo lists several provisions that should be addressed in the city’s ordinance. Once the city has identified a derelict structure as a nuisance, the city must notify the owner and all interested parties,1 including occupants, mortgage companies and lien holders that the
