Effective - 28 Aug 2019, 2 histories
82.1027. Definitions. — As used in section 82.1025 and sections 82.1027 to 82.1030, the following terms mean:
(1) "Code or ordinance violation", a violation under the provisions of a municipal code or ordinance of any home rule city with more than four hundred thousand inhabitants and located in more than one county, or any city not within a county, which regulates fire prevention, animal control, noise control, property maintenance, building construction, health, safety, neighborhood detriment, sanitation, or nuisances;
(2) "Neighborhood organization", either:
(a) A Missouri not-for-profit corporation that:
a. Is a bonafide community organization formed for the purpose of neighborhood preservation or improvement;
b. Whose articles of incorporation or bylaws specify that one of the purposes for which the corporation is organized is the preservation and protection of residential and community property values in all or part of a neighborhood or neighborhoods with geographic boundaries that conform to the boundaries of not more than two adjoining neighborhoods recognized by the planning division of the city or county in which the neighborhood or neighborhoods are located in any home rule city with more than three hundred fifty thousand inhabitants and located in more than one county, or in any city not within a county; and
c. Whose board of directors is comprised of individuals, at least half of whom maintain their principal residence in a neighborhood the organization serves as described in the organization's articles of incorporation or bylaws; or
(b) An organization recognized by the federal Internal Revenue Service as tax exempt under the provisions of Internal Revenue Code Section 501(c)(3), or the corresponding section of any future tax code, which has had a contract with any home rule city with more than three hundred fifty thousand inhabitants and located in more than one county, or in any city not within a county to furnish housing related services in that municipality or county at any point during the five-year period preceding the filing of the action, and is in compliance with or completed such contract;
(3) "Nuisance", an activity or condition created, performed, maintained, or permitted to exist on private property that constitutes a code or ordinance violation, whether or not the property has been cited by the city or county in which the property is located; or, if the property is in a deteriorated condition, due to neglect or failure to reasonably maintain, abandonment, failure to repair after a fire, flood, or some other deterioration of the property, or there is clutter on the property such as abandoned automobiles, appliances, or similar objects; or, with respect to commercial, industrial, and vacant property, if the activity or condition on the property encourages, promotes, or substantially contributes to unlawful activity within three hundred feet of the property; and the activity or condition either:
(a) Diminishes the value of the neighboring property; or
(b) Is injurious to the public health, safety, security, or welfare of neighboring residents or businesses; or
(c) Impairs the reasonable use or peaceful enjoyment of other property in the neighborhood.
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(L. 2005 H.B. 58 § 82.301, A.L. 2014 S.B. 731, A.L. 2019 S.B. 203)