Civil action, how maintained
If a building breaks housing or safety rules and is seen as a danger to the public, a county, city, or local group can ask a court to put someone in charge — called a receiver — to fix the problems. Before doing that, they must send written notice to all interested parties at least 60 days ahead of time. If one of those parties steps up and agrees to fix the building themselves, they have to put up money or security to show they will get it done. If nobody fixes it in time, the court picks a receiver to handle the repairs.
441.510. , how maintained — procedure. — 1. If any building or is found to be in violation of building or housing codes which the county, , or in the exercise of reasonable believes constitutes a threat to the public health, safety or welfare, and alleges the nature of such threat in its , the county, municipality, local housing corporation or neighborhood association, in addition to any other available to it, may apply to a for the appointment of a to perform an .
2. At least sixty days prior to the of an for appointment of a receiver sections 441.500 to 441.643, the county, municipality, local housing corporation or neighborhood association shall give written notice by regular mail to all of its intent to file the application and 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 where additional information can be obtained concerning violations and their ; 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 is taken within sixty days by an .
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 to a on the property, or to obtain of a , or to a purchaser's interest under a land sale contract.
4. Notice of the application for the appointment of a receiver shall be 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 or parties shall be required to post in an amount and character as the court deems 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 5 of this section or fails to timely perform work undertaken pursuant to subsection 5 of this section, the court shall make a 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 of any sort prior to appointment.
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Source & history notes
(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)
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