House File 353 - Introduced HOUSE FILE 353 BY FISHER A BILL FOR An Act relating to the methods of collection for expenses 1 incurred in abating a nuisance or other hazards. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2063YH (4) 88 md/jh

H.F. 353 Section 1. Section 331.384, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. In lieu of collecting the costs 3 of performing the required action by special assessment, 4 the county may assess the costs incurred in performing the 5 required action by charging the costs to an account of a 6 county enterprise or combined county enterprise, as defined in 7 section 331.461, an account of a city utility, as defined in 8 section 362.2, an account of a combined utility system, city 9 enterprise, or combined city enterprise, as defined in section 10 384.80, or an account of a joint water utility under chapter 11 389, for a utility or service of the applicable utility or 12 enterprise being provided to the subject property. The charge 13 entered shall be considered a delinquent rate or charge and 14 the procedures and authority for collection by the applicable 15 utility or enterprise shall apply. If the amount charged under 16 this subsection is paid, the applicable utility or enterprise 17 shall transfer the amount paid to the county. 18 Sec. 2. Section 364.12, Code 2019, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 4A. In lieu of the methods for collection 21 under subsection 3, paragraph “h” , and subsection 4, the city 22 may assess the costs incurred in performing the required action 23 by charging the costs to an account of a county enterprise or 24 combined county enterprise, as defined in section 331.461, 25 an account of a city utility, as defined in section 362.2, 26 an account of a combined utility system, city enterprise, or 27 combined city enterprise, as defined in section 384.80, or 28 an account of a joint water utility under chapter 389, for 29 a utility or service of the applicable utility or enterprise 30 being provided to the subject property. The charge entered 31 shall be considered a delinquent rate or charge and the 32 procedures and authority for collection by the applicable 33 utility or enterprise shall apply. If the amount charged under 34 this subsection is paid, the applicable utility or enterprise 35 -1- LSB 2063YH (4) 88 md/jh 1/ 3

H.F. 353 shall transfer the amount paid to the city. 1 Sec. 3. Section 657.7, Code 2019, is amended to read as 2 follows: 3 657.7 Expenses —— how collected. 4 1. The expense of abating a nuisance by virtue of a warrant 5 can be collected by the officer in the same manner as damages 6 and costs are collected on execution, except that the materials 7 of any buildings, fences, or other things that may be removed 8 as a nuisance may be first levied upon and sold by the officer, 9 and if any of the proceeds remain after satisfying the expense 10 of the removal, such balance must be paid by the officer to the 11 defendant, or to the owner of the property levied upon; and 12 if said proceeds are not sufficient to pay such expenses, the 13 officer must collect the residue thereof. 14 2. In lieu of the method for collection under subsection 1, 15 the expense of abating a nuisance incurred by the governmental 16 entity and for which a warrant is issued may alternatively 17 be charged by the governmental entity to an account of a 18 county enterprise or combined county enterprise, as defined 19 in section 331.461, the bill of a city utility, as defined in 20 section 362.2, the bill of a combined utility system, city 21 enterprise, or combined city enterprise, as defined in section 22 384.80, or the bill of a joint water utility under chapter 23 389, for a utility or service of the applicable utility or 24 enterprise being provided to the subject property. The charge 25 entered shall be considered a delinquent rate or charge and 26 the procedures and authority for collection by the applicable 27 utility or enterprise shall apply. If the amount charged under 28 this subsection is paid, the applicable utility or enterprise 29 shall transfer the amount paid to the governmental entity. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the methods of collection for costs 34 incurred by governmental entities for the abatement of certain 35 -2- LSB 2063YH (4) 88 md/jh 2/ 3

H.F. 353 nuisances and hazards. 1 The bill provides that if an action required to abate or 2 remedy a nuisance or hazard within a reasonable time after 3 notice, the city or county, as applicable, may perform the 4 required action and assess the costs by charging the costs 5 to an account of specified city or county utilities and 6 enterprises providing utilities or services to the subject 7 property. The charge entered is considered a delinquent rate 8 or charge and the procedures and authority for collection by 9 the applicable utility or enterprise applies. If the amount 10 charged is paid, the applicable utility or enterprise is 11 required to transfer the amount paid to the applicable city or 12 county. 13 The bill provides similar authority for governmental 14 entities that incur costs to remedy a nuisance under Code 15 chapter 657. 16 -3- LSB 2063YH (4) 88 md/jh 3/ 3