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House File 728

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 446.19A, Code 1999, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    446.19A  PURCHASE BY COUNTY OR CITY FOR LOW OR MODERATE
  1  5 INCOME HOUSING.
  1  6    1.  The board of supervisors of a county may adopt an
  1  7 ordinance authorizing the county and each city in the county
  1  8 to bid on and purchase delinquent taxes and to assign tax sale
  1  9 certificates of abandoned property.  This section may only be
  1 10 used by a county or by a city in the county if such an
  1 11 ordinance is in effect.
  1 12    2.  On the day of the regular tax sale or any continuance
  1 13 or adjournment of the tax sale, the county or a city may bid
  1 14 for abandoned property assessed as residential property or as
  1 15 commercial multifamily housing property a sum equal to the
  1 16 total amount due.  Money shall not be paid by the county or
  1 17 city for the purchase, but each of the tax-levying and tax-
  1 18 certifying bodies having any interest in the taxes shall be
  1 19 charged with the total amount due the tax-levying or tax-
  1 20 certifying body as its just share of the purchase price.
  1 21 Prior to the purchase, the county or city shall file with the
  1 22 county treasurer a verified statement that a parcel to be
  1 23 purchased is abandoned and deteriorating in condition or is,
  1 24 or is likely to become, a public nuisance, and that the parcel
  1 25 is suitable for use for low or moderate income housing
  1 26 following rehabilitation.
  1 27    3.  If after the date that a parcel is sold pursuant to
  1 28 this chapter, or after the date that a parcel is sold under
  1 29 section 446.18, 446.38, or 446.39, the parcel assessed as
  1 30 residential property or as commercial multifamily housing
  1 31 property is identified as abandoned pursuant to a verified
  1 32 statement filed with the county treasurer by a city or county
  1 33 in the form set forth in subsection 2, a city or county may
  1 34 require the assignment of the tax sale certificate that had
  1 35 been issued for such parcel by paying to the holder of such
  2  1 certificate the total amount due on the date the assignment of
  2  2 the certificate is made to the county or city and recorded
  2  3 with the county treasurer.  If the certificate is not assigned
  2  4 by the county or city pursuant to subsection 4, the county or
  2  5 city, whichever is applicable, is liable for the tax sale
  2  6 interest that was due the certificate holder pursuant to
  2  7 section 447.1, as of the date of assignment.
  2  8    4.  a.  The city or county may assign the tax sale
  2  9 certificate obtained pursuant to this section.  Preference
  2 10 shall be given to purchasers who are low or moderate income
  2 11 families or organizations which assist low or moderate income
  2 12 families to obtain housing.  Persons who purchase certificates
  2 13 from the city or county under this subsection are liable for
  2 14 the total amount due the certificate holder pursuant to
  2 15 section 447.1.
  2 16    b.  All persons who purchase certificates from the city or
  2 17 county under this subsection shall demonstrate the intent to
  2 18 rehabilitate the property for habitation if the property is
  2 19 not redeemed.  In the alternative, the county or city may, if
  2 20 title to the property has vested in the county or city under
  2 21 section 448.1, dispose of the property in accordance with
  2 22 section 331.361 or 364.7, as applicable.
  2 23    5.  For the purposes of this section, "abandoned" means the
  2 24 same as in section 657A.1.  For the purposes of this section,
  2 25 "low or moderate income families" has the same meaning as in
  2 26 section 403.17.
  2 27    Sec. 2.  Section 447.9, subsection 1, Code 1999, is amended
  2 28 to read as follows:
  2 29    1.  After one year and nine months from the date of sale,
  2 30 or after nine months from the date of a sale made under
  2 31 section 446.18, 446.19A, or 446.39, the holder of the
  2 32 certificate of purchase may cause to be served upon the person
  2 33 in possession of the parcel, and also upon the person in whose
  2 34 name the parcel is taxed, a notice signed by the certificate
  2 35 holder or the certificate holder's agent or attorney, stating
  3  1 the date of sale, the description of the parcel sold, the name
  3  2 of the purchaser, and that the right of redemption will expire
  3  3 and a deed for the parcel be made unless redemption is made
  3  4 within ninety days from the completed service of the notice.
  3  5 The notice shall be served by both regular mail and certified
  3  6 mail to the person's last known address and such notice is
  3  7 deemed completed when the notice by certified mail is
  3  8 deposited in the mail and postmarked for delivery.  The
  3  9 ninety-day redemption period begins as provided in section
  3 10 447.12.  When the notice is given by a county as a holder of a
  3 11 certificate of purchase the notice shall be signed by the
  3 12 county treasurer or the county attorney, and when given by a
  3 13 city, it shall be signed by the city officer designated by
  3 14 resolution of the council.  When the notice is given by the
  3 15 Iowa finance authority or a city or county agency holding the
  3 16 parcel as part of an Iowa homesteading project, it shall be
  3 17 signed on behalf of the agency or authority by one of its
  3 18 officers, as authorized in rules of the agency or authority.
  3 19    Sec. 3.  EFFECTIVE AND APPLICABILITY DATE.  This Act, being
  3 20 deemed of immediate importance, takes effect upon enactment
  3 21 and applies to parcels first offered for sale at the tax sale
  3 22 held in June 1999, and in subsequent years.  
  3 23                           EXPLANATION
  3 24    This bill allows a city or county to bid on parcels
  3 25 containing abandoned property, which is residential or
  3 26 commercial multifamily housing property, at the annual tax
  3 27 sale.  Current law allows these entities to bid on parcels
  3 28 after the parcel has been offered at tax sale and not been
  3 29 sold.  The bill defines abandoned property as property that
  3 30 has remained vacant and in violation of the applicable local
  3 31 housing code for a period of six consecutive months or more.
  3 32 The bill also allows cities and counties to purchase tax sale
  3 33 certificates from a holder of such a certificate.
  3 34    The bill allows cities or counties to assign tax sale
  3 35 certificates for abandoned property to low income or moderate
  4  1 income families or to organizations which assist low income or
  4  2 moderate income families in obtaining housing.
  4  3    The bill provides that the redemption period on a parcel
  4  4 containing abandoned property that is bid on and purchased by
  4  5 a city or county shall be nine months from the date of sale
  4  6 rather than one year and nine months from the date of sale.
  4  7    The bill takes effect upon enactment and applies to parcels
  4  8 offered for sale at the tax sale held in June 1999, and in
  4  9 subsequent years.  
  4 10 LSB 1920HV 78
  4 11 sc/jw/5
     

Text: HF00727                           Text: HF00729
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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