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