MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Local and Private Legislation
By: Representatives DeLano, Fredericks, Bennett, Ishee, Palazzo, Patterson, Peranich, Upshaw
AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF BILOXI TO CONDUCT A HEARING TO DETERMINE WHETHER CERTAIN PROPERTY WITHIN THE MUNICIPALITY IS BLIGHTED PROPERTY OR IN SUCH A STATE OF UNCLEANLINESS AS TO BE A MENACE TO THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE COMMUNITY; TO DEFINE "BLIGHTED PROPERTY"; TO PROVIDE THE FORM OF NOTICE THAT SHALL BE GIVEN TO AN AFFECTED LANDOWNER; TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF BILOXI TO ADJUDICATE THE ACTUAL COST OF CLEANING CERTAIN PROPERTY AND TO IMPOSE PENALTIES; TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF BILOXI TO COLLECT COSTS AND PENALTIES AS A CIVIL DEBT OR AS A LIEN AGAINST THE PROPERTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The governing authorities of the City of Biloxi, on their own motion, or upon the receipt of a petition signed by a majority of residents who reside within four hundred (400) feet of any property or parcel of land that is alleged to be in need of cleaning within the municipality, shall conduct a hearing, after notice is provided to the property owner as required by this section, to determine whether the property or parcel of land is blighted property or in such a state of uncleanliness as to be a menace to the public health, safety and welfare of the community.
For purposes of this section, "blighted property" means private property on which commercial buildings or multifamily housing building structures are or were located, which were impacted by Hurricane Katrina, and are no longer in a state of repair suitable for use and occupancy, are neglected to the extent the structures or debris and remnants from structures are a menace to public health and safety, or are subject to entry by uninvited persons, including homeless persons, juveniles and vandals, or are subject to infestation of rodents or other varmints with potential to spread disease, or the structures are dilapidated to an extent to be a danger or a blight to the community and such property cannot be remedied by the governing authorities of the City of Biloxi under the provisions of Section 21-19-11, Mississippi Code of 1972.
Notice shall be provided to the property owner by:
(a) United States mail two (2) weeks before the date of the hearing mailed to the address of the subject property and to the address where the ad valorem tax notice for such property is sent by the office charged with collecting ad valorem tax; and
(b) Posting a notice for at least two (2) weeks before the date of a hearing on the property or parcel of land alleged to be in need of cleaning and at city hall or another place in the municipality where such notices are posted.
Any notice required by this section shall include language that informs the property owner that an adjudication at the hearing that the property or parcel of land is in need of cleaning will authorize the municipality to reenter the property or parcel of land for a period of one (1) year after the hearing without any further hearing if notice is posted on the property or parcel of land and at city hall or another place in the municipality where such notices are generally posted at least seven (7) days before the property or parcel of land is reentered for cleaning. A copy of the required notice mailed and posted as required by this section shall be recorded in the minutes of the governing authority in conjunction with the hearing required by this section.
If, at such hearing, the governing authorities shall adjudicate the property or parcel of land in its then condition to be blighted property or a menace to the public health, safety and welfare of the City of Biloxi, the governing authorities shall proceed to clean the land, if the owner does not do so himself, by the use of municipal employees or by contract, by cutting grass and weeds, filling cisterns, removing rubbish, dilapidated fences, outside toilets, dilapidated buildings and personal property. The removal of personal property shall not be subject to the provisions of Section 21-39-21, Mississippi Code of 1972, and other sections regulating debris, draining cesspools and standing water. The governing authorities may, by resolution, adjudicate the actual cost of cleaning the property and may also impose a penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) or fifty percent (50%) of the actual cost, whichever is more. The cost and any penalty may become a civil debt against the property owner, or, at the option of the governing authorities, an assessment against the property. The "cost assessed against the property" means either the cost to the municipality of using its own employees to do the work or the cost to the municipality of any contract executed by the municipality to have the work done, and administrative costs and legal costs of the municipality. For subsequent cleaning within the one-year period after the date of the hearing at which the property or parcel of land was adjudicated in need of cleaning, upon seven (7) days' notice posted both on the property or parcel of land adjudicated in need of cleaning and at city hall or another place in the municipality where such notices are generally posted, and consistent with the municipality's adjudication as authorized in subsection (1), the municipality may reenter the property or parcel of land to maintain cleanliness without further notice or hearing no more than six (6) times in any twelve-month period with respect to removing dilapidated buildings, dilapidated fences and outside toilets, and no more than twelve (12) times in any twenty-four-month period with respect to cutting grass and weeds and removing rubbish, personal property and other debris on the land, and the expense of cleaning the property shall not exceed an aggregate amount of Twenty Thousand Dollars ($20,000.00) per year, or the fair market value of the property subsequent to cleaning, whichever is less. The governing authorities may assess the same penalty for each time the property or land is cleaned as otherwise provided in this section. The penalty provided in this section shall not be assessed against the State of Mississippi upon request for reimbursement under Section 29-1-145, Mississippi Code of 1972, nor shall the City of Biloxi clean a parcel owned by the State of Mississippi without first giving notice.
(2) If the governing authorities of the City of Biloxi declare, by resolution, that the cost and any penalty shall be collected as a civil debt, the governing authorities may authorize the institution of a suit on open account against the owner of the property in a court of competent jurisdiction in the manner provided by law for the cost and any penalty, plus court costs, reasonable attorney's fees and interest from the date that the property was cleaned.
(3) If the governing authorities of the City of Biloxi do not declare that the cost and any penalty shall be collected as a civil debt, then the assessment provided for in subsection (2) shall be a lien against the property and may be enrolled in the Office of the Circuit Clerk of Harrison County as other judgments are enrolled, and the tax collector of the municipality shall, upon order of the governing authorities, proceed to sell the land to satisfy the lien as now provided by law for the sale of lands for delinquent municipal taxes.
(4) All decisions rendered under the provisions of this section may be appealed in the same manner as other appeals from municipal boards or courts are taken.
(5) Nothing contained under this section shall prevent the City of Biloxi from enacting criminal penalties for failure to maintain property so as not to constitute blighted property or a menace to public health, safety and welfare.
SECTION 2. This act shall take effect and be in force from and after its passage.