NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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SOURCES OF INFORMATION

Administrative Office of the Courts

Attorney General's Office

LFC Files

No Response

Municipal League

SUMMARY

Synopsis of Bill

This bill amends Section 3-18-17, the current statute governing abatement of public nuisances, to allow municipalities to impose a lien on properties for the reasonable cost of removing or abating a nuisance from those properties.

Significant Issues

According to the Attorney General's Office, it is possible that the perpetrator of the nuisance is not the property owner, but rather a tenant, guest, business invitee or trespasser, yet the owner is held liable and the abated property subject to a lien. Other statutes authorizing municipalities to impose liens for various charges set out different approaches. In addition to the notice and opportunity to be heard contained in § 31-18-5, statutes governing liens to enforce collection of utility fees allow the owner to give notice to the municipality that the obligation has been assumed by a tenant (§ 3-23-6), and liens for installation of sewer or drinking water lines are filed only after notice to and failure to act by the owner. Inclusion of these types of provisions may protect those residents who are not liable, while allowing municipalities another method to collect expenses from those who are. Additionally, notice and an opportunity to be heard may be required by constitutional due process guarantees.

FISCAL IMPLICATIONS

SB 603 contains no appropriations, yet the Administrative Office of the Courts (AOC) suggests that new laws, amendments to existing laws and new hearings have the potential to increase workload in the courts, thus requiring additional resources to handle the increase.

ADMINISTRATIVE IMPLICATIONS

The AOC claims that there may be an administrative impact on the courts as the result of an increased workload as a result of this bill.

STATUTORY CONFLICT

To the extent that a nuisance which results in the lien authorized by this bill was a dangerous building or debris, the provisions of this bill conflict with the provisions of §3-18-5, which spell out specific procedures not required by this bill, including notice and an opportunity to be heard.

RM/njw:prr