Senate Amendment 5162
PAG LIN
1 1 Amend Senate File 2297 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 <Section 1. Section 657A.1, subsection 1, Code
1 5 2007, is amended to read as follows:
1 6 1. "Abandoned" or "abandonment" "Abandoned
1 7 building" means that one or more of the following:
1 8 a. That a building has remained vacant and has
1 9 been in violation of the housing code, building,
1 10 plumbing, mechanical, or electrical codes of the city
1 11 in which the property is located or the housing code,
1 12 building, plumbing, mechanical, or electrical codes
1 13 applicable in the county in which the property is
1 14 located if outside the limits of a city for a period
1 15 of six consecutive months.
1 16 b. That a building has been declared by a court to
1 17 be abandoned or in a dangerous or unsafe condition
1 18 pursuant to section 657A.2 or that a building has been
1 19 declared by a court to be abandoned pursuant to
1 20 section 657A.10A.
1 21 An "abandoned building" includes the real property
1 22 upon which a building is located.
1 23 Sec. 2. Section 657A.1, Code 2007, is amended by
1 24 adding the following new subsection:
1 25 NEW SUBSECTION. 1A. "Abandoned vacant lot" means
1 26 a vacant lot that has been declared by a court to be
1 27 abandoned pursuant to section 657A.10A.
1 28 Sec. 3. Section 657A.1, Code 2007, is amended by
1 29 adding the following new subsection:
1 30 NEW SUBSECTION. 8. "Vacant lot" means a lot or
1 31 parcel of property that is located within the limits
1 32 of a city, that contains no buildings or structures,
1 33 and that is zoned to allow for residential or
1 34 commercial structures. "Vacant lot" does not include
1 35 property zoned for residential or commercial use
1 36 currently in use as farmland.
1 37 Sec. 4. Section 657A.10A, Code 2007, is amended to
1 38 read as follows:
1 39 657A.10A PETITION BY CITY FOR TITLE TO ABANDONED
1 40 PROPERTY.
1 41 1. In lieu of the procedures addition to or as an
1 42 alternative to the relief provided under chapter 657,
1 43 chapter 6B, or in sections section 657A.2 through
1 44 657A.10, a city in which an abandoned building or
1 45 abandoned vacant lot is located may petition the court
1 46 to condemn the abandoned building or abandoned vacant
1 47 lot if the property contains a public nuisance as
1 48 provided in this section and enter judgment awarding
1 49 title to the abandoned property to the city for the
1 50 public purpose of disposing of the property under
2 1 section 364.7 by conveying the property to a private
2 2 individual or entity for reuse, demolition and reuse,
2 3 or rehabilitation and reuse, in conformance with any
2 4 applicable city requirements. If more than one
2 5 abandoned building is located on a parcel of real
2 6 estate, the city may combine the actions into one
2 7 petition. Condemnation of an abandoned building or
2 8 abandoned vacant lot for the abatement of a public
2 9 nuisance and for the sale and use of the abandoned
2 10 property shall constitute a public purpose under
2 11 section 6A.4, subsection 6.
2 12 2. a. The owner of the abandoned building and
2 13 grounds or the abandoned vacant lot, mortgagees of
2 14 record, lienholders of record, or the county in which
2 15 the property is located if delinquent property taxes
2 16 are owing, holders of tax sale certificates, and other
2 17 known persons who hold an interest in the property
2 18 shall be named as respondents on the petition.
2 19 b. The petition shall be filed in the district
2 20 court of the county in which the property is located.
2 21 Service on the owner and any other named respondents
2 22 shall be by certified mail and by posting the notice
2 23 in a conspicuous place on the building. The action
2 24 shall be in equity. If more than one abandoned
2 25 building is located on a parcel of real estate, the
2 26 city may combine the actions into one petition.
2 27 c. The city shall set forth in the petition all of
2 28 the following:
2 29 (1) All public nuisance conditions existing on the
2 30 property.
2 31 (2) The fair market value of the property in the
2 32 property's existing condition on the date the petition
2 33 is filed as determined by an appraisal prepared for
2 34 the city. The appraisal shall be attached to the
2 35 petition.
2 36 (3) The city's anticipated costs of abating each
2 37 nuisance on the property. Abatement costs may include
2 38 the city's anticipated costs to remove or remediate
2 39 any hazardous wastes or materials and any groundwater
2 40 contamination on the property as required for
2 41 redevelopment of the property in compliance with any
2 42 applicable city, state, or federal requirements.
2 43 (4) Any costs previously incurred by the city to
2 44 abate a nuisance on the property.
2 45 (5) The city's anticipated costs to sell and
2 46 convey the property for reuse, demolition and reuse,
2 47 or rehabilitation and reuse.
2 48 (6) The amount of delinquent property taxes or
2 49 special assessments on the property.
2 50 (7) The city's anticipated costs of bringing the
3 1 action including reasonable attorney fees.
3 2 3. a. Service on the owner and any other named
3 3 respondents shall be by certified mail. The petition
3 4 shall be mailed to each respondent at the respondent's
3 5 last known address as reflected in county records.
3 6 The city shall also cause the petition to be published
3 7 once in a newspaper of general circulation in the
3 8 county within ten days of the petition being filed.
3 9 Service of the petition shall be deemed complete on
3 10 the date of publication.
3 11 b. In lieu of mailing and publishing the petition,
3 12 the city may cause the petition to be served upon such
3 13 persons in the manner provided by the Iowa rules of
3 14 civil procedure for the personal service of original
3 15 notice.
3 16 2. 4. Not The city may request a hearing on the
3 17 petition to be held not sooner than sixty days after
3 18 the filing of the petition, the city may request a
3 19 hearing on the petition and not sooner than thirty
3 20 days after the completion of service. Notice of the
3 21 hearing shall be provided to all respondents by
3 22 mailing and publication as provided in subsection 3.
3 23 Notice of the hearing shall be given not less than
3 24 thirty days prior to the date of the hearing. The
3 25 petition may be served, and notice of the hearing may
3 26 be provided, to the respondent at the same time,
3 27 provided that the deadlines for service are met.
3 28 3. 5. a. In determining whether a property
3 29 public nuisance exists on the property and whether the
3 30 building or vacant lot has been abandoned, the court
3 31 shall consider the following for each building that is
3 32 located on the property and named in the petition and
3 33 the building grounds:
3 34 a. (1) Whether any property taxes or special
3 35 assessments on the property were delinquent at the
3 36 time the petition was filed.
3 37 (2) Whether local authorities have received
3 38 complaints from neighboring landowners regarding the
3 39 appearance or condition of the property.
3 40 (3) Whether the condition of the property violates
3 41 a city ordinance and how long the property has been in
3 42 violation of the ordinance.
3 43 (4) Whether conditions exist on the property which
3 44 create an unreasonable risk to public health or
3 45 safety.
3 46 (5) The presence of vermin, accumulation of debris
3 47 and garbage, and uncut vegetation.
3 48 (6) The effort expended by the petitioning city to
3 49 maintain the property.
3 50 (7) Past and current efforts by the property owner
4 1 to comply with orders of local government authorities
4 2 pertaining to the property.
4 3 (8) Any other evidence the court deems relevant.
4 4 b. When a court hears a petition related to an
4 5 alleged abandoned building the court shall consider,
4 6 in addition to the factors provided in paragraph "a",
4 7 the following:
4 8 b. (1) Whether any utilities are currently being
4 9 provided to the property.
4 10 c. (2) Whether the building is unoccupied by the
4 11 owner or lessees or licensees of the owner.
4 12 d. (3) Whether the building meets the city's
4 13 housing code for being fit for human habitation,
4 14 occupancy, or use.
4 15 e. (4) Whether the building is exposed to the
4 16 elements such that deterioration of the building is
4 17 occurring.
4 18 f. (5) Whether the building is boarded up.
4 19 g. (6) Past efforts to rehabilitate the building
4 20 and grounds.
4 21 h. The presence of vermin, accumulation of debris,
4 22 and uncut vegetation.
4 23 i. The effort expended by the petitioning city to
4 24 maintain the building and grounds.
4 25 j. (7) Past and current compliance efforts by the
4 26 property owner to comply with orders of the local
4 27 building or housing official officials or other local
4 28 government authorities.
4 29 (8) Whether the building meets the city's
4 30 building, plumbing, mechanical, and electrical codes.
4 31 k. Any other evidence the court deems relevant.
4 32 6. The city shall have the burden of proving the
4 33 existence of a public nuisance on the property, and
4 34 that the building or the vacant lot is an abandoned
4 35 building or abandoned vacant lot as those terms are
4 36 defined in section 657A.1. A respondent may appear at
4 37 the hearing and present evidence. The case shall be
4 38 tried to the court.
4 39 7. If the court determines that a public nuisance
4 40 exists upon the property and that the property is an
4 41 abandoned building or an abandoned vacant lot, the
4 42 court shall enter judgment against the respondents
4 43 granting the city title to the property and shall also
4 44 determine an award of damages to be paid to the
4 45 respondents as just compensation for the taking of the
4 46 property. However, any amounts specified in
4 47 subsection 2, paragraph "c", subparagraphs (3) through
4 48 (7), as determined by the court shall be deducted from
4 49 such compensation.
4 50 4. 8. In lieu of the considerations in subsection
5 1 3 a hearing on the petition as provided in subsection
5 2 4, if the city can establish to the court's
5 3 satisfaction that all parties with an interest in the
5 4 property have received proper notice and either have
5 5 consented to the entry of an order awarding title to
5 6 the property to the city or did not make a good faith
5 7 effort to comply with the order of the local housing
5 8 official within sixty days after the filing of the
5 9 petition, the court shall enter judgment against the
5 10 respondents granting the city title to the property
5 11 and shall determine an award of damages pursuant to
5 12 the requirements of subsection 7.
5 13 5. 9. If the court determines that the property
5 14 has been abandoned or that subsection 4 applies, the
5 15 court shall enter judgment awarding title to the city.
5 16 The title awarded to the city under this section shall
5 17 be free and clear of any claims, liens, or
5 18 encumbrances held by the respondents.
5 19 Sec. 5. NEW SECTION. 657A.10B IMMUNITY FROM
5 20 LIABILITY == NUISANCE ABATEMENT.
5 21 1. A city shall not be liable for failing to take
5 22 action to abate a nuisance or failing to petition for
5 23 title to property under this chapter.
5 24 2. A city shall not be liable for damages
5 25 resulting from declaring the existence of a nuisance
5 26 on a property unless it is proven that the declaration
5 27 was unfounded and made with the intent to damage or
5 28 injure an owner or an interest holder in the property.
5 29 3. A city shall not be liable for damages to
5 30 property abutting a public nuisance property or the
5 31 property of a neighboring landowner caused by the
5 32 city's attempt to abate the nuisance if the nuisance
5 33 posed a substantial and imminent risk to public
5 34 health, safety, or welfare requiring immediate
5 35 abatement. If such nuisance did not pose a
5 36 substantial and imminent risk to public health,
5 37 safety, or welfare, a city shall not be held liable
5 38 for damage to property abutting or in the vicinity of
5 39 the nuisance property unless it is proven that the
5 40 city's action to abate the nuisance was in reckless
5 41 disregard for the safety or welfare of such other
5 42 property.>
5 43 #2. Title page, by striking line 2 and inserting
5 44 the following: <abandoned buildings and to abandoned
5 45 vacant lots within cities by condemnation and
5 46 providing for payment of just compensation in certain
5 47 instances.>
5 48
5 49
5 50
6 1 HERMAN C. QUIRMBACH
6 2 SF 2297.701 82
6 3 md/sc/20766
-1-