Text: HSB00098                          Text: HSB00100
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 99

Bill Text

PAG LIN
  1  1    Section 1.  Section 364.12, subsection 2, paragraph e, Code
  1  2 2001, is amended to read as follows:
  1  3    e.  If the abutting property owner does not perform an
  1  4 action required under this subsection within a reasonable time
  1  5 after written notice by certified mail, a city may perform the
  1  6 required action and assess the costs against the abutting
  1  7 property for collection in the same manner as a property tax.
  1  8 This power does not relieve the abutting property owner of
  1  9 liability imposed under paragraph "b".
  1 10    Sec. 2.  Section 364.12, subsection 3, paragraphs a and h,
  1 11 Code 2001, are amended to read as follows:
  1 12    a.  Require the abatement of a nuisance, public or private,
  1 13 in any reasonable manner, except that written notice by
  1 14 certified mail must be given to the property owner describing
  1 15 the nuisance, what must be done to abate it, and the time
  1 16 allowed to abate the nuisance.  If the nuisance requires the
  1 17 involvement of law enforcement, written notice is not
  1 18 required.
  1 19    h.  If the property owner does not perform an action
  1 20 required under this subsection within a reasonable time after
  1 21 written notice by certified mail, a city may perform the
  1 22 required action and assess the costs against the property for
  1 23 collection in the same manner as a property tax.  Notice may
  1 24 shall be in the form of a copy of an ordinance or sent by
  1 25 certified mail to the property owner as shown by the records
  1 26 of the county auditor, and shall state the time within which
  1 27 action is required.  However, in an emergency a city may
  1 28 perform any action which may be required under this section
  1 29 without prior notice, and assess the costs as provided in this
  1 30 subsection, after notice to the property owner and hearing.
  1 31    Sec. 3.  Section 364.12, Code 2001, is amended by adding
  1 32 the following new subsection:
  1 33    NEW SUBSECTION.  8.  In the case of residential rental
  1 34 property, if the property owner has given the city utility or
  1 35 enterprise service written notice that the property is
  2  1 residential rental property and if water services are listed
  2  2 in the tenant's name, the city utility or enterprise service
  2  3 shall notify the property owner before ending service by
  2  4 shutting off the water stop box.  If the city utility or
  2  5 enterprise service shuts off the water stop box and causes
  2  6 damage, the damage shall not be the responsibility of the
  2  7 property owner if the property owner was not given written
  2  8 notice to pay the water bill within ten days and that
  2  9 nonpayment of the bill could result in turning off the water
  2 10 stop box.  
  2 11                           EXPLANATION 
  2 12    This bill provides that a property owner cannot be required
  2 13 to abate a nuisance on the owner's property unless the owner
  2 14 first receives written notice by certified mail that describes
  2 15 the nuisance, what must be done to abate it, and the time
  2 16 allowed to achieve the abatement.
  2 17    The bill also provides that in the case of residential
  2 18 rental property where the water service is listed in the
  2 19 tenant's name, the city utility or enterprise service must
  2 20 notify the property owner before shutting off the water stop
  2 21 box if the property owner has provided the utility or
  2 22 enterprise written notice that the property is residential
  2 23 rental property.  
  2 24 LSB 2026HC 79
  2 25 av/pj/5
     

Text: HSB00098                          Text: HSB00100
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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