Full question:
I have a mobile home I have used for fifteen years for tool storage and working out of as a carpenter. I live in a floodway in Jefferson County, Missouri, on a posted private road that is a mile and half long and is a dead end. Recently it was posted with a public nuisance sign. After inquiring what was required to remove the sign, I was told that I had to physically remove the trailer or demolish it. They had taken photos and refused to tell me what was wrong specifically for two months until I received a certified letter telling me I had fifteen days to respond or they would remove the trailer for me and send me the bill with the stipulation that refusal to pay the bill would start lien measures against my property. What recourse do I have?
- Category: Real Property
- Date:
- State: Missouri
Answer:
We can not respond specifically to the procedure without knowing whether this is a state, county or municipality procedure.
A city may demolish unsafe buildings which constitute a threat to the public welfare, although a demolition order may not be made without strict compliance with the specified preliminary procedural requirements. A city that failed to properly serve a property owner with notice of the pending demolition of his building as unfit for human habitation was liable for the damages that the property owner could prove, whether or not the owner had actual notice of the demolition. However, property owners were not deprived of their property in violation of the due process clauses of the state or federal constitutions as a result of the demolition of their property pursuant to an order of a city, when the property owners were given notice of hearings, were afforded an opportunity to be present and heard, the order was issued by an impartial commission, and the property owners were expressly given a right of appeal which they made no attempt to exercise.
Before a building may be razed as a public nuisance by a city, there must be either a judicial determination that the building is a public nuisance or an opportunity provided to the owner for an administrative hearing with a judicial review thereof as to whether the building is a public nuisance.
The owner of a building which endangers the public safety is generally liable for the costs of razing or repairing it.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
