House Amendment 8029
PAG LIN
1 1 Amend Senate File 434, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. By striking everything after the enacting clause
1 4 and inserting:
1 5 <Section 1. Section 364.22, subsection 4, Code
1 6 Supplement 2009, is amended by adding the following new
1 7 paragraph:
1 8 NEW PARAGRAPH. h. The legal description of the
1 9 affected real property, if applicable.
1 10 Sec. 2. Section 364.22, Code Supplement 2009, is
1 11 amended by adding the following new subsection:
1 12 NEW SUBSECTION. 4A. a. Upon receiving a citation
1 13 under subsection 4 that affects real property and that
1 14 charges a violation relating to the condition of the
1 15 property, including a building code violation, a local
1 16 housing regulation violation, a housing code violation,
1 17 or a public health or safety violation, the clerk of
1 18 the district court shall index the citation pursuant
1 19 to section 617.10, if the legal description of the
1 20 affected property is included in or attached to the
1 21 citation.
1 22 b. After filing the citation with the clerk of the
1 23 district court, the city shall also file the citation
1 24 in the office of the county treasurer. The county
1 25 treasurer shall include a notation of the pendency of
1 26 the action in the county system, as defined in section
1 27 445.1, until the judgment of the court is satisfied or
1 28 until the action is dismissed. Pursuant to section
1 29 446.7, an affected property that is subject to a
1 30 pending action shall not be offered for sale by the
1 31 county treasurer at tax sale.
1 32 Sec. 3. Section 446.7, subsection 1, Code 2009, is
1 33 amended to read as follows:
1 34 1. Annually, on the third Monday in June the county
1 35 treasurer shall offer at public sale all parcels on
1 36 which taxes are delinquent. The treasurer shall not,
1 37 however, offer for sale any parcel that is subject to a
1 38 pending action as the result of a municipal infraction
1 39 citation under section 364.22, a petition filed under
1 40 chapter 657, or a petition filed under chapter 657A,
1 41 if such municipal infraction citation or petition is
1 42 indexed under section 617.10 and noted in the county
1 43 system as defined in section 445.1. The sale shall be
1 44 made for the total amount of taxes, interest, fees, and
1 45 costs due. If for good cause the treasurer cannot hold
1 46 the annual tax sale on the third Monday of June, the
1 47 treasurer may designate a different date in June for
1 48 the sale.
1 49 Sec. 4. NEW SECTION. 448.13 Cancellation of tax
1 50 sale and certificate of purchase == refund of purchase
2 1 money.
2 2 If the county treasurer receives a verified
2 3 statement from a city stating that a parcel sold at
2 4 tax sale contains a building which is abandoned, as
2 5 those terms are defined in section 657A.1, prior to
2 6 redemption of the parcel under chapter 447 or the
2 7 issuance of a tax deed for the parcel, and the verified
2 8 statement is accompanied by a petition filed by the
2 9 city under section 657A.10A for title to the parcel,
2 10 the county treasurer shall make an entry in the county
2 11 system canceling the sale of the parcel and shall
2 12 refund the purchase money to the tax sale certificate
2 13 holder.
2 14 Sec. 5. Section 602.8102, subsection 94, Code 2009,
2 15 is amended to read as follows:
2 16 94. File and index petitions and municipal
2 17 infraction citations affecting real estate as provided
2 18 in sections 617.10 through 617.15.
2 19 Sec. 6. Section 617.10, subsection 1, Code 2009, is
2 20 amended to read as follows:
2 21 1. When a petition or municipal infraction
2 22 citation affecting real estate is filed, the clerk of
2 23 the district court where the petition or municipal
2 24 infraction citation is filed shall index the petition
2 25 or municipal infraction citation in an index book
2 26 under the tract number which describes the property,
2 27 entering in each instance the case number as a guide
2 28 to the record of court proceedings which affect the
2 29 real estate. If the petition or municipal infraction
2 30 citation is amended to include other parties or other
2 31 lands, the amended petition or municipal infraction
2 32 citation shall be similarly indexed. When a final
2 33 result is determined in the case, the result shall be
2 34 indicated in the index book wherever indexed.
2 35 Sec. 7. Section 617.12, Code 2009, is amended to
2 36 read as follows:
2 37 617.12 Exceptions.
2 38 If the real property affected be is situated in
2 39 the county where the petition or municipal infraction
2 40 citation is filed it shall be unnecessary to show in
2 41 said index lands not situated in said county.
2 42 Sec. 8. Section 657.1, subsection 1, Code 2009, is
2 43 amended to read as follows:
2 44 1. Whatever is injurious to health, indecent, or
2 45 unreasonably offensive to the senses, or an obstruction
2 46 to the free use of property, so as essentially to
2 47 interfere unreasonably with the comfortable enjoyment
2 48 of life or property, is a nuisance, and a civil action
2 49 by ordinary proceedings may be brought to enjoin and
2 50 abate the nuisance and to recover damages sustained on
3 1 account of the nuisance. A petition filed under this
3 2 subsection shall include the legal description of the
3 3 real property upon which the nuisance is located unless
3 4 the nuisance is not situated on or confined to a parcel
3 5 of real property or is portable or capable of being
3 6 removed from the real property.
3 7 Sec. 9. NEW SECTION. 657.2A Indexing of petition.
3 8 1. When a petition affecting real property is filed
3 9 by a governmental entity under this chapter, the clerk
3 10 of the district court shall index the petition pursuant
3 11 to section 617.10, if the legal description of the
3 12 affected property is included in or attached to the
3 13 petition.
3 14 2. After filing the petition with the clerk of the
3 15 district court, the governmental entity shall also file
3 16 the petition in the office of the county treasurer.
3 17 The county treasurer shall include a notation of the
3 18 pendency of the action in the county system, as defined
3 19 in section 445.1, until the judgment of the court is
3 20 satisfied or until the action is dismissed. Pursuant
3 21 to section 446.7, an affected property that is subject
3 22 to a pending action shall not be offered for sale by
3 23 the county treasurer at tax sale.
3 24 Sec. 10. Section 657A.2, subsection 1, Code 2009,
3 25 is amended to read as follows:
3 26 1. A petition for abatement under this chapter
3 27 may be filed in the district court of the county in
3 28 which the property is located, by the city in which the
3 29 property is located, by the county if the property is
3 30 located outside the limits of a city, by a neighboring
3 31 landowner, or by a duly organized nonprofit corporation
3 32 which has as one of its goals the improvement of
3 33 housing conditions in the county or city in which
3 34 the property in question is located. A petition for
3 35 abatement filed under this chapter shall include the
3 36 legal description of the real property upon which the
3 37 nuisance or dangerous or unsafe condition is located
3 38 unless the nuisance or dangerous or unsafe condition
3 39 is not situated on or confined to a parcel of real
3 40 property or is portable or capable of being removed
3 41 from the real property. Service on the owner shall
3 42 be by personal service or by certified mail, or if
3 43 service cannot be made by either method, by posting the
3 44 notice in a conspicuous place on the building and by
3 45 publication.
3 46 Sec. 11. Section 657A.10A, subsection 1, unnumbered
3 47 paragraph 1, Code 2009, is amended to read as follows:
3 48 In lieu of the procedures in sections 657A.2 through
3 49 657A.10, a city in which an abandoned building is
3 50 located may petition the court to enter judgment
4 1 awarding title to the abandoned property to the city.
4 2 A petition filed under this section shall include the
4 3 legal description of the abandoned property. If more
4 4 than one abandoned building is located on a parcel of
4 5 real estate, the city may combine the actions into
4 6 one petition. The owner of the building and grounds,
4 7 mortgagees of record, lienholders of record, or other
4 8 known persons who hold an interest in the property
4 9 shall be named as respondents on the petition.
4 10 Sec. 12. Section 657A.10A, Code 2009, is amended by
4 11 adding the following new subsection:
4 12 NEW SUBSECTION. 6. If a city files a petition
4 13 under subsection 1, naming the holder of a tax
4 14 sale certificate of purchase for the property as a
4 15 respondent, the city shall also file the petition,
4 16 along with a verified statement declaring that the
4 17 property identified in the petition contains an
4 18 abandoned building, with the county treasurer. Upon
4 19 receiving the petition and verified statement, the
4 20 county treasurer shall make an entry in the county
4 21 system canceling the sale of the property and shall
4 22 refund the purchase money to the tax sale certificate
4 23 holder.
4 24 Sec. 13. NEW SECTION. 657A.12 Indexing of
4 25 petition.
4 26 1. When a petition affecting real property is filed
4 27 by a governmental entity under this chapter, the clerk
4 28 of the district court shall index the petition pursuant
4 29 to section 617.10, if the legal description of the
4 30 affected property is included in or attached to the
4 31 petition.
4 32 2. After filing the petition with the clerk of the
4 33 district court, the governmental entity shall also file
4 34 the petition in the office of the county treasurer.
4 35 The county treasurer shall include a notation of the
4 36 pendency of the action in the county system, as defined
4 37 in section 445.1, until the judgment of the court is
4 38 satisfied or until the action is dismissed. Pursuant
4 39 to section 446.7, an affected property that is subject
4 40 to a pending action shall not be offered for sale by
4 41 the county treasurer at tax sale.>
4 42 #2. Title page, line 3, after <property> by
4 43 inserting <and requiring the county treasurer to
4 44 withhold certain real property from tax sale>
COMMITTEE ON LOCAL GOVERNMENT
GASKILL of Wapello, Chairperson
LSB SF434.250 (7) 83
md/rj
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