MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Local and Private

By: Senator(s) Moffatt, Hewes, Robertson

AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF PASCAGOULA, MISSISSIPPI, TO CLEAN UP PROPERTY AND ASSESS THE COSTS THEREFOR TO THE PROPERTY OWNER; TO PROVIDE FOR NOTICE AND A HEARING BEFORE THE CITY MAY TAKE SUCH ACTION; TO CREATE A LIEN UPON PROPERTY SUBJECT TO THE PROVISIONS OF THIS ACT; TO AUTHORIZE THE SALE OF SUCH PROPERTY TO SATISFY A LIEN; 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 Pascagoula, Mississippi, are authorized to notify the record owner of any property within the corporate limits of the City of Pascagoula, which such governing authorities have reasonable grounds to believe is dilapidated, unclean or unkempt and must be returned to a clean, safe, decent or sanitary condition within fifteen (15) days of the date of mailing notice to the property owner. Notice shall be sent by certified United States mail, return receipt requested to the same address to which ad valorem tax statements are sent. A notice returned which is marked "Refused" or "Undeliverable as Addressed" shall be deemed sufficient notice.

(2) If the property owner fails to remedy the condition of the property within the time specified, the governing authorities shall give notice to the property owner by certified United States mail, return receipt requested, two (2) weeks before the date of a hearing, or if the property owner is unknown or his address unknown or if the notice provided in subsection (1) of this section was returned and marked "Refused" or "Undeliverable as Addressed," then by two (2) weeks' notice in a newspaper having a general circulation in the City of Pascagoula, of a hearing to determine whether or not such property is in such a state of uncleanliness as to be a menace to the public health and safety of the community. If, at such hearing, the governing authorities, in their resolution, determine such property in its then condition to be a menace to the public health and safety of the community, the governing authorities may, if the owner does not do so himself within fifteen (15) days after such hearing, remedy the condition and assess the fair and reasonable charges therefor to the property owner. The charges shall be a lien upon the property and may be enrolled as other judgments. The tax collector of the City of Pascagoula is authorized to sell the property to satisfy the lien as now provided by law for the sale of lands for delinquent municipal taxes, provided, that all the provisions of this act have been followed.

SECTION 2. This act shall take effect and be in force from and after its passage.