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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

 Chapter 441

previous next Effective - 28 Aug 2001bottom

  441.510.  Civil action, how maintained — procedure. — 1.  If any building or dwelling is found to be in violation of building or housing codes which the county, municipality, local housing corporation or neighborhood association in the exercise of reasonable discretion believes constitutes a threat to the public health, safety or welfare, and alleges the nature of such threat in its petition, the county, municipality, local housing corporation or neighborhood association, in addition to any other remedies available to it, may apply to a court of competent jurisdiction for the appointment of a receiver to perform an abatement.

  2.  At least sixty days prior to the filing of an application for appointment of a receiver pursuant to sections 441.500 to 441.643, the county, municipality, local housing corporation or neighborhood association shall give written notice by regular mail to all interested parties of its intent 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 to the application for the receiver;

  (3)  The name, address and telephone number of the person or department where additional information can be obtained concerning violations and their remedy; and

  (4)  The county, municipality, local housing corporation or neighborhood association which may seek the appointment of a receiver pursuant to sections 441.500 to 441.643 unless action is taken within sixty days by an interested party.

  3.  A county, municipality, local housing corporation or neighborhood association may not apply for the appointment of a receiver pursuant to sections 441.500 to 441.643 if an interested party has commenced and is then prosecuting in a timely fashion an action or other judicial or nonjudicial proceeding to foreclose a security interest on the property, or to obtain specific performance of a land sale contract, or to forfeit a purchaser's interest under a land sale contract.

  4.  Notice of the application for the appointment of a receiver shall be served on all interested parties.

  5.  If, following the application for appointment of a receiver, one or more of the interested parties elects to correct the conditions at the property giving rise to the application for the appointment of a receiver, the party or parties shall be required to post security in an amount and character as the court deems appropriate to ensure timely performance of all work necessary to make corrections, as well as such other conditions as the court deems appropriate to effect the timely completion of the corrections by the interested party or parties.

  6.  In the event that no interested party elects to act pursuant to subsection 5 of this section or fails to timely perform work undertaken pursuant to subsection 5 of this section, the court shall make a determination that the property is in an unsafe or insanitary condition and appoint a receiver to complete the abatement.

  7.  A receiver appointed by the court pursuant to sections 441.500 to 441.643 shall not be required to give security or bond of any sort prior to appointment.

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(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)


---- end of effective   28 Aug 2001 ----

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