Bill Text: IA HF780 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to abandoned structures and abatement of public nuisances. (Formerly HF 676 and HSB 172.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-25 - Withdrawn. H.J. 1042. [HF780 Detail]
Download: Iowa-2019-HF780-Introduced.html
House
File
780
-
Introduced
HOUSE
FILE
780
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
676)
(SUCCESSOR
TO
HSB
172)
(COMPANION
TO
SF
93
BY
LOFGREN)
A
BILL
FOR
An
Act
relating
to
abandoned
structures
and
abatement
of
public
1
nuisances.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
631.1,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
10.
The
district
court
sitting
in
small
3
claims
has
concurrent
jurisdiction
for
administrative
warrant
4
applications
pursuant
to
section
657A.1A,
subsection
2.
5
Sec.
2.
Section
655A.6,
Code
2019,
is
amended
to
read
as
6
follows:
7
655A.6
Rejection
of
notice.
8
1.
If
either
the
mortgagor,
or
successor
in
interest
of
9
record
including
a
contract
purchaser,
within
thirty
days
of
10
service
of
the
notice
pursuant
to
section
655A.3
,
files
with
11
the
recorder
of
the
county
where
the
mortgaged
property
is
12
located,
a
rejection
of
the
notice
reasonably
identifying
13
the
notice
which
is
rejected
together
with
proofs
of
service
14
required
under
section
655A.4
that
the
rejection
has
been
15
served
on
the
mortgagee,
the
notice
served
upon
the
mortgagor
16
pursuant
to
section
655A.3
is
of
no
force
or
effect.
17
2.
Rejection
of
notice
pursuant
to
subsection
1
shall
not
be
18
available
to
a
mortgagor,
or
successor
in
interest
of
record
19
including
a
contract
purchaser,
of
a
mortgaged
property
that
a
20
court
of
competent
jurisdiction
determined
has
been
abandoned
21
pursuant
to
section
657A.2,
on
or
after
the
date
as
determined
22
in
section
657A.2,
subsection
5.
23
Sec.
3.
Section
657A.1,
subsections
1
and
3,
Code
2019,
are
24
amended
to
read
as
follows:
25
1.
“Abandoned”
or
“abandonment”
means
that
a
building
has
26
remained
is
vacant
,
or
is
occupied
only
by
trespassers,
and
has
27
been
in
violation
of
the
housing
code
or
building
code
of
the
28
city
in
which
the
property
is
located
or
the
housing
code
or
29
building
code
applicable
in
the
county
in
which
the
property
30
is
located
if
outside
the
limits
of
a
city
for
a
period
of
six
31
consecutive
months
.
32
3.
“Building”
means
a
building
or
structure
,
excluding
a
33
mobile
home,
a
modular
home,
and
a
manufactured
home
as
defined
34
in
section
435.1,
unless
the
mobile
home
or
manufactured
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home
has
been
converted
to
real
estate
pursuant
to
section
1
435.26,
located
in
a
city
or
outside
the
limits
of
a
city
in
2
a
county,
which
is
used
or
intended
to
be
used
for
commercial
3
or
industrial
purposes
or
which
is
used
or
intended
to
be
4
used
for
residential
purposes
and
includes
a
building
or
5
structure
in
which
some
floors
may
be
used
for
retail
stores,
6
shops,
salesrooms,
markets,
or
similar
commercial
uses,
or
for
7
offices,
banks,
civic
administration
activities,
professional
8
services,
or
similar
business
or
civic
uses,
and
other
floors
9
are
used,
designed,
or
intended
to
be
used
for
residential
10
purposes.
11
Sec.
4.
Section
657A.1,
Code
2019,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
8.
“Responsible
building
official”
or
14
“official”
means
the
person
appointed
by
the
city
or,
if
the
15
building
is
outside
the
limits
of
a
city,
the
county,
to
16
enforce
its
building
codes
and
regulations
in
general
or
to
17
enforce
this
chapter
in
particular.
18
Sec.
5.
NEW
SECTION
.
657A.1A
Preliminary
inspection
of
19
building.
20
1.
No
sooner
than
one
hundred
thirty-five
days
after
a
21
property
has
become
vacant,
a
person,
other
than
a
governmental
22
entity,
may
request
that
the
responsible
building
official
23
inspect
the
property
and
certify
that
a
property
is
both
24
abandoned
and
in
need
of
abatement.
The
responsible
building
25
official
may
also
initiate
an
inspection
on
the
official’s
own
26
initiative
at
any
time.
27
2.
If
the
responsible
building
official
finds
from
an
28
exterior
view
of
the
property,
in
addition
to
any
other
29
credible
information
that
the
official
may
have,
that
there
30
is
reasonable
cause
to
believe
that
the
property
is
abandoned
31
and
in
need
of
abatement,
the
official
shall
schedule
a
date
32
and
time
for
an
inspection
of
the
property
by
the
official.
33
The
person
requesting
the
inspection
shall
provide
written
34
notice
of
the
scheduled
inspection
by
first
class
mail
and
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certified
mail
to
the
owner
and
all
interested
persons
at
1
least
twenty
days
before
the
inspection.
The
notice
must
2
state
the
date,
time,
and
place
of
the
inspection
and
state
3
that
unless
the
owner
appears
at
the
inspection
to
allow
the
4
responsible
building
official
access
to
the
interior
of
the
5
property,
the
official,
accompanied
by
the
person
serving
6
notice
and
any
interested
persons
appearing
for
the
inspection,
7
may
enter
the
property
to
determine
whether
the
property
is
8
abandoned
and
in
need
of
abatement
and,
if
so,
to
estimate
9
the
costs
of
abatement.
The
official
may
enter
the
property
10
for
an
inspection,
along
with
the
person
serving
notice
and
11
any
interested
persons,
if
the
owner
is
not
present
for
the
12
inspection.
Upon
request,
the
inspection
may
be
rescheduled
13
as
needed.
The
responsible
building
official
must
obtain
an
14
administrative
search
warrant
pursuant
to
section
808.14
to
15
enter
any
building
to
conduct
an
inspection
pursuant
to
this
16
section.
17
3.
The
responsible
building
official’s
findings
shall
18
be
in
writing
with
copies
provided
to
the
person
requesting
19
the
inspection,
the
owner,
and
all
interested
parties.
The
20
governmental
entity
employing
the
responsible
building
official
21
may
establish
and
charge
a
fee
to
cover
the
reasonable
costs
22
of
the
inspection,
which
shall
be
added
to
costs
in
an
action
23
under
this
chapter.
24
4.
Evidence
that
financial
obligations
in
respect
to
a
25
building,
including
but
not
limited
to
payments
of
a
mortgage,
26
bills,
or
property
taxes,
are
currently
met
does
not
rebut
a
27
finding
of
abandonment
if
the
property
is
substantially
in
need
28
of
abatement
in
an
action
filed
under
section
657A.2.
29
Sec.
6.
Section
657A.2,
Code
2019,
is
amended
by
striking
30
the
section
and
inserting
in
lieu
thereof
the
following:
31
657A.2
Petition.
32
1.
No
sooner
than
the
latter
of
thirty
days
after
provision
33
of
the
responsible
building
official’s
findings
under
section
34
657A.1A
and
six
months
after
a
building
has
become
abandoned,
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a
petition
for
abatement
under
this
chapter
may
be
filed
in
1
the
district
court
of
the
county
in
which
the
property
is
2
located
by
the
city
in
which
the
property
is
located,
by
the
3
county
if
the
property
is
located
outside
the
limits
of
a
city,
4
by
a
neighboring
landowner,
or
by
a
duly
organized
nonprofit
5
corporation
which
has
as
one
of
its
goals
the
improvement
of
6
housing
conditions
in
the
county
or
city
in
which
the
property
7
in
question
is
located.
The
petition
shall
not
demand
a
8
personal
judgment
against
any
party,
but
shall
concern
only
9
the
interests
in
the
property.
A
petition
for
abatement
filed
10
under
this
chapter
shall
include
the
legal
description
of
11
the
real
property
upon
which
the
public
nuisance
is
located
12
unless
the
public
nuisance
is
not
situated
on
or
confined
to
13
a
parcel
of
real
property,
or
is
portable
or
capable
of
being
14
removed
from
the
real
property.
Service
shall
be
made
on
all
15
interested
persons
by
personal
service
or,
if
personal
service
16
cannot
be
made,
by
certified
mail
and
first
class
mail
to
the
17
last
known
address
of
record
of
the
interested
person
and
by
18
posting
the
notice
in
a
conspicuous
place
on
the
building,
19
or
by
publication.
The
last
known
address
of
record
for
the
20
property
owner
shall
be
the
address
of
record
with
the
county
21
treasurer
of
the
county
where
the
property
is
located.
Service
22
may
also
be
made
as
provided
in
section
654.4A.
23
2.
If
entering
judgment,
the
court
shall
determine
any
24
issues
at
law,
including
issues
relating
to
title,
raised
by
25
the
plaintiff
or
by
a
party
in
interest
who
has
filed
a
motion
26
or
answer.
27
3.
In
any
evidentiary
hearing
or
motion
in
a
proceeding
28
under
this
chapter,
the
written
findings
of
the
responsible
29
building
official
relating
to
the
condition
of
the
building
and
30
other
matters
within
the
scope
of
this
chapter,
if
provided
31
at
least
ten
days
before
the
hearing
to
all
persons
not
in
32
default,
shall
be
accepted
as
evidence
without
prejudice
to
the
33
right
of
any
party
to
require
the
personal
testimony
of
the
34
responsible
building
official
at
the
hearing.
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4.
If
the
court
finds
at
a
hearing
pursuant
to
this
section
1
that
the
building
is
abandoned
or
is
a
public
nuisance,
the
2
court
may
issue
an
injunction
requiring
the
owner
to
correct
3
any
conditions
that
make
such
building
a
public
nuisance,
or
4
issue
another
order
that
the
court
deems
appropriate
to
address
5
the
public
nuisance.
6
5.
If
the
court
finds
at
a
hearing
pursuant
to
this
7
section
that
the
building
is
abandoned,
unless
the
court
8
order
establishes
otherwise,
the
property
shall
be
deemed
9
continuously
abandoned
from
the
date
the
action
is
indexed
10
pursuant
to
section
617.10,
subsection
1.
11
6.
A
property
shall
not
be
claimed
as
homestead
pursuant
to
12
chapter
561
on
or
after
the
date
determined
in
subsection
5.
13
7.
In
a
proceeding
under
this
section,
if
the
court
14
determines
the
building
is
not
abandoned,
the
court
shall
15
dismiss
the
petition
and
may
require
the
petitioner
to
pay
an
16
interested
party’s
reasonable
attorney
fees.
An
owner
of
the
17
property
who
failed
to
appear
for
an
inspection
pursuant
to
18
section
657A.1A
shall
not
be
awarded
attorney
fees
under
this
19
section.
20
8.
If
a
party
to
the
action
holds
an
interest
in
the
21
property
as
a
nominee,
a
fiduciary,
or
another
representative
22
capacity
for
a
third
party,
or
an
underlying
loan
on
the
23
property
is
guaranteed
by
a
third
party,
the
party
to
the
24
action
may
apply
to
the
court
for
a
stay
of
action,
as
it
25
affects
the
party’s
interest,
for
a
reasonable
time
to
allow
26
the
party
to
obtain
the
appropriate
authority,
information,
or
27
instructions
from
or
on
behalf
of
the
beneficiary
or
guarantor
28
as
related
to
the
property
interest
or
underlying
loan.
29
Sec.
7.
Section
657A.3,
Code
2019,
is
amended
to
read
as
30
follows:
31
657A.3
Interested
persons
——
opportunity
to
abate
public
32
nuisance.
33
1.
Before
appointing
a
receiver
to
perform
work
or
to
34
furnish
material
to
abate
a
public
nuisance
under
this
chapter
,
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the
court
shall
conduct
a
hearing
at
which
the
court
shall
1
offer
mortgagees
of
record,
lienholders
of
record,
or
other
2
known
interested
persons
in
the
order
of
priority
of
interest
3
in
title,
the
opportunity
to
undertake
the
work
and
to
furnish
4
the
materials
necessary
to
abate
the
public
nuisance.
The
5
establish
a
date
before
which
interested
persons
may
file
with
6
the
court
shall
require
the
person
selected
to
demonstrate
7
the
written
proof
of
intent
and
ability
to
promptly
undertake
8
promptly
the
work
required
and
to
post
security
for
the
9
performance
of
the
work.
If
no
such
written
proof
is
filed
10
by
that
date,
the
court
may
appoint
a
receiver
pursuant
to
11
subsection
3.
12
2.
All
amounts
expended
by
the
person
toward
abating
the
13
public
nuisance
are
a
lien
on
the
property
if
the
expenditures
14
were
are
approved
in
advance
by
the
a
judge
and
if
the
person
15
desires
the
lien.
The
Unless
an
interested
person
has
a
16
contract
with
the
owner
providing
for
a
different
interest
17
rate,
the
lien
shall
bear
interest
at
the
rate
provided
for
18
judgments
pursuant
to
section
535.3
,
and
shall
be
payable
upon
19
terms
approved
by
the
judge.
If
a
certified
copy
of
the
a
20
court
order
that
approved
approving
the
expenses
and
the
terms
21
of
payment
for
the
lien,
and
a
description
of
the
property
22
in
question
,
are
filed
for
of
record
within
thirty
days
of
23
the
date
of
issuance
of
the
order
in
the
office
of
the
county
24
recorder
of
the
county
in
which
the
property
is
located,
the
25
lien
has
the
same
priority
as
the
mortgage
of
a
receiver
as
26
provided
in
section
657A.7
.
27
2.
3.
If
the
court
determines
by
the
date
established
28
in
subsection
1
or
at
the
a
hearing
conducted
pursuant
29
to
subsection
1
,
on
the
sufficiency
of
a
timely
filed
30
rehabilitation
plan
that
no
interested
person
can
undertake
the
31
work
and
furnish
the
materials
required
to
abate
the
public
32
nuisance,
or
if
the
court
determines
at
any
time
after
the
33
hearing
that
an
interested
person
who
is
undertaking
corrective
34
work
pursuant
to
this
section
cannot
or
will
not
proceed,
or
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has
not
proceeded
with
due
diligence,
the
court
may
appoint
a
1
receiver
to
take
possession
and
control
of
the
property.
The
2
receiver
shall
be
appointed
in
the
manner
provided
in
section
3
657A.4
.
4
4.
If
the
building
is
a
historic
building
or
is
located
in
5
a
designated
historic
district,
the
court
shall
give
preference
6
to
an
economically
feasible
rehabilitation
plan
that
preserves
7
the
historical
nature
of
the
building.
8
5.
Unless
a
receiver’s
mortgage
provides
for
periodic
9
payments,
a
notice,
in
lieu
of
the
notice
pursuant
to
section
10
654.2D,
shall
also
be
served
by
ordinary
or
electronic
mail
11
informing
all
interested
persons
of
the
date
certain
for
the
12
maturity
of
the
mortgage
note,
or
the
event
triggering
maturity
13
of
the
mortgage
note,
and
that
on
maturity
the
receiver’s
14
mortgage
loan
will
be
payable
in
full
and
the
mortgagee
may
15
then
commence
foreclosure
without
further
notice.
A
notice
16
pursuant
to
section
654.4B
shall
also
be
served
by
ordinary
or
17
electronic
mail
on
the
owner
of
record
of
the
property.
The
18
mortgagee
shall
not
commence
foreclosure
of
the
mortgage
until
19
sixty
calendar
days
have
passed
since
the
date
of
service
of
a
20
notice
under
this
subsection.
21
Sec.
8.
Section
657A.4,
Code
2019,
is
amended
to
read
as
22
follows:
23
657A.4
Appointment
of
receiver.
24
After
conducting
If
after
expiration
of
a
date
established
25
pursuant
to
section
657A.3,
subsection
1,
or
a
hearing
26
pursuant
to
section
657A.3
,
the
court
may
appoint
a
receiver
27
to
take
possession
and
control
of
the
property
in
question.
28
A
person
shall
not
be
appointed
as
a
receiver
unless
the
29
person
has
first
provided
the
court
with
a
viable
financial
30
and
construction
plan
for
the
rehabilitation
of
the
property
31
in
question
and
has
demonstrated
the
capacity
and
expertise
32
to
perform
the
required
work
in
a
satisfactory
manner.
The
33
appointed
receiver
may
be
a
financial
institution
that
34
possesses
an
interest
of
record
in
the
property,
a
nonprofit
35
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1206HZ
(1)
88
ko/jh
7/
14
H.F.
780
corporation
that
is
duly
organized
and
exists
for
the
primary
1
purpose
of
improving
housing
conditions
in
the
county
or
city
2
in
which
the
property
in
question
is
located,
or
any
person
3
deemed
qualified
by
the
court.
No
part
of
the
net
earnings
of
a
4
nonprofit
corporation
serving
as
a
receiver
under
this
section
5
shall
benefit
a
private
shareholder
or
individual.
Membership
6
on
the
board
of
trustees
of
a
nonprofit
corporation
does
not
7
constitute
the
holding
of
a
public
office
or
employment
and
is
8
not
an
interest,
either
direct
or
indirect,
in
a
contract
or
9
expenditure
of
money
by
a
city
or
county.
No
member
of
a
board
10
of
trustees
of
a
nonprofit
corporation
appointed
as
receiver
11
is
disqualified
from
holding
public
office
or
employment,
nor
12
is
a
member
required
to
forfeit
public
office
or
employment
by
13
reason
of
the
membership
on
the
board
of
trustees.
14
Sec.
9.
Section
657A.6,
subsection
9,
Code
2019,
is
amended
15
to
read
as
follows:
16
9.
Issue
notes
and
secure
the
notes
by
mortgages
bearing
17
interest
at
the
rate
provided
for
judgments
pursuant
to
18
section
535.3
,
and
any
terms
and
conditions
as
approved
by
19
the
court.
The
court
may
provide
for
a
higher
interest
rate
20
if
the
receiver
has
established
to
the
satisfaction
of
the
21
court
that
the
receiver
has
sought
financing
from
individuals
22
and
institutions
willing
to
lend
money
for
rehabilitation
23
of
property
and
that
the
terms
proposed
by
the
receiver
are
24
reasonable.
When
transferred
by
the
receiver
in
return
for
25
valuable
consideration
in
including
money,
material,
labor,
26
or
services,
the
notes
issued
by
the
receiver
are
freely
27
transferable.
If
the
receiver
has
notice
that
the
mortgagee
28
of
the
receiver’s
mortgage
is
contemplating
a
transfer
of
the
29
mortgage,
the
receiver
shall
disclose
such
to
the
court
in
the
30
application
for
approval
of
the
mortgage.
31
Sec.
10.
NEW
SECTION
.
657A.6A
Receiver
——
prohibited
acts.
32
Notwithstanding
section
657A.10,
it
shall
be
unlawful,
and
a
33
receiver
may
be
held
liable
for
actual
damages
as
determined
34
by
a
court,
for
entering
a
residential
property
that
is
not
35
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(1)
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8/
14
H.F.
780
abandoned
for
the
purpose
of
forcing,
intimidating,
harassing,
1
or
coercing
a
lawful
occupant
of
the
property
to
vacate
in
2
order
to
render
the
property
vacant
and
abandoned,
and
it
shall
3
be
unlawful
to
otherwise
force,
intimidate,
harass,
or
coerce
4
a
lawful
occupant
of
a
residential
property
to
vacate
so
the
5
property
may
be
deemed
vacant
and
abandoned.
A
receiver
who
6
peacefully
enters
a
property
for
the
purpose
of
rendering
the
7
property
vacant
and
abandoned
shall
be
immune
from
liability
8
if
the
receiver
makes
a
good-faith
effort
to
comply
with
this
9
chapter
and
all
terms
of
any
applicable
mortgage,
lease,
or
10
other
agreement
related
to
the
occupancy
of
the
building.
11
Sec.
11.
Section
657A.7,
subsection
1,
Code
2019,
is
amended
12
to
read
as
follows:
13
1.
If
the
receiver’s
mortgage
is
filed
for
of
record
in
14
the
office
of
the
county
recorder
of
the
county
in
which
the
15
property
is
located
within
sixty
days
of
the
issuance
of
a
16
secured
note,
the
receiver’s
mortgage
is
a
first
lien
upon
the
17
property
and
is
superior
to
claims
of
the
receiver
and
to
all
18
prior
or
subsequent
liens
and
encumbrances
except
taxes
and
19
assessments
,
including
taxes
and
assessments
advanced
by
any
20
mortgagee
in
the
twelve-month
period
immediately
preceding
the
21
date
a
petition
is
filed
pursuant
to
section
657A.2
.
Priority
22
among
the
receiver’s
mortgages
is
determined
by
the
order
in
23
which
the
mortgages
are
recorded.
24
Sec.
12.
Section
657A.7,
Code
2019,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
3.
If
a
mortgagee
of
the
receiver’s
27
mortgage
begins
foreclosure
procedures
pursuant
to
chapter
655A
28
and
an
interested
party
desires
to
pay
off
the
mortgage
loan,
29
the
interested
party
shall
also
pay
the
mortgagee’s
reasonable
30
costs
and
attorney
fees.
31
Sec.
13.
Section
657A.8,
Code
2019,
is
amended
to
read
as
32
follows:
33
657A.8
Assessment
of
costs.
34
The
court
may
assess
the
costs
and
expenses
set
out
in
35
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14
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780
section
657A.6,
subsection
2
,
and
may
approve
receiver’s
fees
1
to
the
extent
that
the
fees
are
not
covered
by
the
income
2
from
the
property.
The
receiver
shall
pay
the
costs
and
3
reasonable
attorney
fees
of
a
plaintiff
who
requested
an
4
inspection
pursuant
to
section
657A.1A
unless
an
interested
5
party
not
in
default
who
appeared
for
the
inspection
objects
6
to
the
fees
and
costs
in
whole
or
in
part.
The
court
shall
7
determine
the
merits
of
such
objection.
If
the
court
finds
8
that
a
neighboring
landowner
has
pursued
an
action
pursuant
to
9
this
chapter
in
bad
faith,
the
court
may
assess
attorney
fees
10
against
the
neighboring
landowner
and
may
bar
such
neighboring
11
landowner
from
filing
future
actions
under
this
chapter.
If
a
12
foreclosure
of
the
receiver’s
mortgage
pursuant
to
chapter
655A
13
is
contemplated,
the
court
may
retain
jurisdiction
to
determine
14
the
amount
of
attorney
fees
payable
under
section
657A.7,
15
subsection
3.
16
Sec.
14.
Section
657A.10A,
subsection
1,
paragraph
a,
Code
17
2019,
is
amended
to
read
as
follows:
18
a.
In
lieu
of
the
procedures
in
sections
657A.2
657A.1A
19
through
657A.10
and
657A.10B
,
a
city
in
which
an
abandoned
a
20
building
that
has
been
abandoned
for
at
least
six
consecutive
21
months
is
located
may
petition
the
court
to
enter
judgment
22
awarding
title
to
the
abandoned
property
to
the
city.
A
23
petition
filed
under
this
section
shall
include
the
legal
24
description
of
the
abandoned
property.
If
more
than
one
25
abandoned
building
is
located
on
a
parcel
of
real
estate,
the
26
city
may
combine
the
actions
into
one
petition.
The
owner
of
27
the
building
and
grounds,
mortgagees
of
record,
lienholders
28
of
record,
or
other
known
persons
who
hold
an
interest
in
the
29
property
shall
be
named
as
respondents
on
the
petition.
30
Sec.
15.
NEW
SECTION
.
657A.10B
Applicability.
31
The
provisions
of
sections
657A.1A
through
657A.10
shall
32
only
apply
to
cities
and
counties
that
have,
by
ordinance,
33
provided
that
the
provisions
shall
apply.
34
Sec.
16.
NEW
SECTION
.
657A.10C
Petition
for
injunction.
35
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1206HZ
(1)
88
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10/
14
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780
As
an
alternative
to
the
remedies
under
this
chapter,
a
1
city,
or
a
county
if
a
property
that
is
alleged
to
be
a
public
2
nuisance
is
located
outside
the
limits
of
a
city,
may
petition
3
the
court
for
an
injunction
that
requires
the
owner
of
the
4
property
to
correct
or
eliminate
the
condition
or
violation
5
causing
the
public
nuisance.
Service
of
the
original
notice
6
shall
be
made
as
provided
in
section
657A.2,
subsection
1.
7
Sec.
17.
CODE
EDITOR
DIRECTIVE.
8
1.
The
Code
editor
is
directed
to
renumber
section
657A.10B,
9
as
enacted
in
this
Act,
as
section
657A.10A,
and
to
renumber
10
section
657A.10A
as
section
657A.10B.
11
2.
The
Code
editor
shall
correct
internal
references
in
the
12
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
13
enactment
of
this
section.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
changes
certain
procedures
relating
to
abandoned
18
structures
and
abatement.
19
The
current
definition
of
“abandoned”
or
“abandonment”
20
requires
a
property
to
have
been
in
violation
of
a
housing
or
21
building
code
for
at
least
six
months.
The
bill
removes
the
22
time
element
from
the
definition
and
provides
that
the
building
23
can
either
be
vacant
or
occupied
only
by
trespassers.
The
bill
24
also
provides
that
evidence
of
meeting
financial
obligations
in
25
respect
to
the
building
does
not
rebut
a
finding
of
abandonment
26
if
the
property
is
substantially
in
need
of
abatement.
The
27
bill
requires
a
property
to
remain
vacant
for
135
days
before
a
28
person
may
request
a
responsible
building
official
to
inspect
a
29
building
to
determine
whether
it
is
abandoned
and
in
need
of
30
abatement,
but
allows
a
responsible
building
official,
which
31
is
defined
in
the
bill,
to
initiate
an
inspection
at
any
time.
32
The
bill
requires
the
responsible
building
inspector
to
make
an
33
application
to
the
court
for
an
administrative
warrant
to
enter
34
any
building
to
conduct
an
inspection.
35
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1206HZ
(1)
88
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11/
14
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780
The
term
“building”
currently
includes
buildings
and
1
structures
only.
The
bill
adds
mobile
and
manufactured
homes
2
that
have
been
converted
to
real
property
pursuant
to
Code
3
section
435.26.
4
Current
law
relies
on
the
current
definition
of
“abandoned”
5
to
start
the
clock
for
when
a
person
may
file
a
petition
6
for
abatement.
A
hearing
is
required
to
determine
if
the
7
building
is
abandoned
or
is
a
public
nuisance.
Currently,
a
8
petitioner
must
make
service
on
the
building
owner
in
one
of
9
three
methods.
The
bill
provides
that
a
petition
for
abatement
10
may
be
filed
no
sooner
than
the
latter
of
six
months
after
the
11
building
has
become
abandoned
and
30
days
after
the
responsible
12
building
official’s
inspection
findings
have
been
provided
13
to
the
person
requesting
the
inspection,
the
owner
of
the
14
building,
and
all
interested
parties.
The
bill
does
not
allow
15
for
a
personal
judgment
against
any
party
and
requires
the
16
petition
to
be
solely
against
the
interested
persons’
interest
17
in
the
property.
The
bill
includes
additional
methods
of
18
service.
The
bill
allows
a
responsible
building
official’s
19
written
inspection
report
to
be
accepted
as
evidence
in
an
20
evidentiary
hearing
or
motion
in
a
proceeding
under
Code
21
chapter
657A
under
certain
circumstances.
22
The
bill
provides
that
if
a
court
finds
that
a
building
is
23
abandoned,
unless
the
court
order
establishes
otherwise,
the
24
property
is
deemed
continuously
abandoned
from
the
date
the
25
action
is
indexed
pursuant
to
Code
section
617.10.
A
property
26
cannot
be
claimed
as
homestead,
and
a
mortgagor,
or
successor
27
in
interest
of
record,
cannot
reject
a
nonjudicial
foreclosure
28
written
notice
served
on
the
mortgagor,
or
successor
in
29
interest,
after
such
date.
30
Current
law
allows
an
owner
to
collect
reasonable
attorney
31
fees
actually
incurred
from
a
petitioner
if
the
court
32
finds
that
the
building
in
question
is
not
abandoned
or
a
33
public
nuisance.
The
bill
allows
the
court
to
require
the
34
petitioner
to
pay
an
interested
party’s
reasonable
attorney
35
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1206HZ
(1)
88
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12/
14
H.F.
780
fees.
An
owner
of
the
property
who
did
not
appear
for
an
1
inspection
pursuant
to
Code
section
657A.1A
shall
not
be
2
awarded
attorney
fees.
If
a
party
to
the
action
holds
an
3
interest
in
the
property
as
a
nominee,
a
fiduciary,
or
another
4
representative
capacity
for
a
third
party,
or
an
underlying
5
loan
on
the
property
is
guaranteed
by
a
third
party,
the
party
6
to
the
action
may
apply
to
the
court
for
a
stay
of
action
7
for
a
reasonable
time
necessary
to
obtain
the
appropriate
8
authority,
information,
or
instructions
from
or
on
behalf
of
9
the
beneficiary
or
guarantor.
10
Current
law
requires
the
court
to
conduct
a
hearing
to
offer
11
mortgagees
of
record,
lienholders
of
record,
or
other
known
12
interested
persons
the
opportunity
to
abate
a
public
nuisance.
13
The
bill
eliminates
such
hearing
and
creates
a
new
process
for
14
interested
persons
to
demonstrate
their
intent
and
ability
to
15
abate
the
nuisance
and
act
as
a
receiver.
If
the
building
16
is
a
historic
building
or
located
in
a
historic
district,
17
the
court
shall
give
preference
to
an
economically
feasible
18
rehabilitation
plan
that
preserves
the
historical
nature
of
the
19
building.
20
Current
law
allows
a
court
to
empower
a
receiver
to
issue
21
notes
and
secure
the
notes
by
mortgages
bearing
interest
at
22
the
statutory
rate
and
any
terms
and
conditions
approved
by
23
the
court.
The
bill
allows
the
court
to
provide
for
a
higher
24
interest
rate.
If
the
receiver
contemplates
a
transfer
of
the
25
note
and
mortgage,
at
the
time
that
the
receiver
seeks
court
26
authorization
of
the
contemplated
transfer,
the
receiver
must
27
disclose
to
the
mortgagee
the
contemplated
transfer
in
the
28
receiver’s
application
for
approval
of
the
mortgage.
29
The
bill
provides
that
it
is
unlawful,
and
a
receiver
may
be
30
held
liable,
for
actual
damages
for
entering
a
property
that
31
is
not
abandoned
for
purposes
of
trying
to
render
the
property
32
abandoned
by
trying
to
force,
intimidate,
harass,
or
coerce
a
33
lawful
occupant
to
vacate
the
property.
If
a
receiver
enters
a
34
property
peacefully
for
the
purpose
of
rendering
it
vacant,
and
35
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780
makes
a
good-faith
effort
to
comply
with
all
requirements
as
1
detailed
in
the
bill,
and
with
any
applicable
mortgage,
lease,
2
or
other
agreement
related
to
occupancy
of
the
building,
the
3
receiver
is
immune
from
liability.
4
The
bill
makes
an
interested
party
responsible
for
paying
5
the
mortgagee’s
reasonable
costs
and
attorney
fees
if
the
6
interested
party
pays
off
the
receiver’s
mortgage
loan.
7
The
bill
requires
a
receiver
to
pay
a
plaintiff’s
reasonable
8
attorney
fees
in
most
situations,
but
provides
that
a
9
neighboring
landowner
who
pursued
an
action
in
bad
faith
may
10
be
liable
for
attorney
fees.
The
court
may
bar
such
landowner
11
from
filing
further
actions
under
Code
chapter
657A.
12
The
bill
provides
that
a
city
may
petition
the
court
to
enter
13
judgment
awarding
the
city
the
title
to
an
abandoned
property
14
located
in
the
city
if
the
building
has
been
abandoned
for
at
15
least
six
consecutive
months.
Current
law
does
not
require
the
16
building
to
be
abandoned
for
six
consecutive
months.
17
The
bill
provides
that
Code
sections
657A.1A
through
657A.10
18
shall
only
apply
to
cities
and
counties
that
adopt
such
by
19
ordinance.
As
an
alternative
to
the
remedies
in
Code
sections
20
657A.1A
through
657A.10,
the
bill
allows
a
city,
or
a
county
21
that
has
an
alleged
nuisance
property
outside
the
limits
of
a
22
city,
to
petition
the
court
for
an
injunction
that
requires
the
23
property
owner
to
correct
any
conditions
causing
the
property
24
to
be
a
public
nuisance.
25
The
bill
directs
the
Code
editor
to
renumber
new
Code
section
26
657A.10B
as
new
Code
section
657A.10A,
and
to
renumber
current
27
Code
section
657A.10A
as
new
Code
section
657A.10B,
and
to
28
correct
internal
Code
references
as
necessary.
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