82.1029. Abatement of a nuisance, neighborhood organization may seek injunctive relief, procedure.
Abatement of a nuisance, neighborhood organization may seekinjunctive relief, procedure.
82.1029. 1. A neighborhood organization representing personsaggrieved by a local code violation may seek injunctive and other equitablerelief in the circuit court for abatement of a nuisance upon showing:
(1) The notice requirements of this subsection have been satisfied;and
(2) The nuisance exists and has not been abated.
2. An action under this section shall not be brought:
(1) Until sixty days after the neighborhood organization sends noticeof the violation and of the neighborhood organization's intent to bring anaction under this section, by certified mail, return receipt requested, tothe appropriate municipal code enforcement agency;
(2) If the appropriate municipal code enforcement agency has filed anaction for equitable relief from the nuisance;
(3) Until sixty days after the neighborhood organization sends noticeby first class prepaid postage certified mail to the tenant, if any, andthe property owner of record that a nuisance exists and that legal actionmay be taken if the nuisance is not abated. If the notice sent bycertified mail is returned unclaimed or refused, designated by the postoffice to be undeliverable, or signed for by a person other than theaddressee, then adequate and sufficient notice may be given to the tenant,if any, and the property owner of record by sending a copy of the notice byregular mail and posting a copy of notice on the property where thenuisance allegedly is occurring. The notice shall specify:
(a) The nature of the alleged nuisance;
(b) The date and time of day the nuisance was first discovered;
(c) The location on the property where the nuisance is allegedlyoccurring; and
(d) The relief sought in the action.
3. In filing a suit under this section, an officer of theneighborhood organization shall certify to the court:
(1) That the neighborhood organization has taken the required stepsto satisfy the notice requirements under this subsection; and
(2) That each condition precedent to the filing of the action underthis section has been met.
4. An action shall not be brought against an owner of residentialrental property unless, prior to giving notice under this section, a noticeof violation relating to the nuisance first has been issued by anappropriate municipal code enforcement agency and remains outstanding aftera period of forty-five days.
5. (1) If a violation notice issued by an appropriate municipal codeenforcement agency is an essential element of the municipal enforcementaction, a copy of the notice signed by an official of the appropriatemunicipal code enforcement agency shall be prima facie evidence of thefacts contained in the notice.
(2) A notice of abatement issued by the appropriate municipal codeenforcement agency in regard to the violation notice shall be prima facieevidence that the plaintiff is not entitled to the relief requested.
6. A proceeding under this section shall:
(1) Be heard at the earliest practicable date; and
(2) Be expedited in every way.
(L. 2005 H.B. 58 § 82.303)