SB2200/HB2006 was enacted as Public Chapter 840 on 05/16/2014
Background
Current law establishes procedures for municpalities to deal with properties that are overgrown or have accumulated debris, garbage or similar materials. Property in this condition can attract rats and other pests, and can cause health and sanitation issues that affect other properties nearby.
If the property owner fails to clean up the property within 10 days after receiving notice, the municipality may send its employees or contractors to clean up the property. The owner is held responsible for the costs.
The current statute allows notification only by U.S. mail. In order to have proof that the property owner has received the notification, certified mail must be used. Sometimes, owners refuse to sign the certified mail receipt or simply can't be located.
If the Post Office is unable to obtain a signature on the certified mail receipt, there is no proof that the notification has been received and the 10 day clock never starts running. In these cases, the municipality has no effective way to deal with the property.
HB2006/SB2200 would revise current law to allow alternative means of providing notice to property owners who are in violation of codes. If notification by mail is unsuccessful, or if there is no valid last known address for the owner, the bill would allow notification by publishing the notice in a newspaper of general circulation for two consecutive issues.
For situations where the owner can be located but has refused to sign a certified mail receipt, the bill would also allow notification by personal delivery.
The passage of this bill will allow cities to more effectively deal with properties that have become a public nuisance. The problems associated with notifying property owners who can't be located or are uncooperative will be eliminated.
