House File 2246 - Introduced HOUSE FILE 2246 BY MERTZ A BILL FOR An Act providing for restorations and repairs of damages to 1 drainage or levee district improvements. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5900YH (8) 83 da/rj

H.F. 2246 Section 1. Section 468.149, Code 2009, is amended to read 1 as follows: 2 468.149 Obstructing or damaging improvements . 3 1. Any A person or persons who without legal 4 authority willfully damages an improvement, including 5 by diverting, obstructing, impeding, or filling up, without 6 legal authority, any ditch, drain, or watercourse or breaking 7 down or injuring any levee or the bank of any settling basin, 8 established, constructed, and maintained under any provision 9 of law, or obstructing, who without legal authority willfully 10 obstructs or engaging engages in travel or agricultural 11 practices upon the improvement or rights of way of a levee or 12 drainage district which the governing body thereof has, by 13 resolution, determined to be injurious to such improvement 14 or to interfere with its proper preservation, operation or 15 maintenance, and has prohibited, shall be deemed is guilty of a 16 serious misdemeanor and any such unlawful . In addition, the 17 person’s act as above described is hereby declared to be a 18 nuisance and may be abated as such. 19 2. Said The governing body shall also have the power to 20 repair of the levee or drainage district may make restorations 21 for repairs to any ditch, drain or watercourse, or any levee or 22 bank of any settling basin improvement damaged or obstructed by 23 any a person or persons in violation of the resolution of said 24 governing body, after three days’ as described in subsection 25 1. The governing body shall first provide the person notice 26 to such person or persons to make such repair, in the event 27 that there is a failure to do so, and the expense thereof of 28 the necessary restorations or repairs. The person shall make 29 the restorations or repairs within forty-five days after the 30 governing body delivers the notice. The person shall also 31 provide a written certification from a licensed engineer to the 32 governing body as it requires to ensure that the restorations 33 or repairs were done in conformity with applicable drainage 34 standards. If the person fails to make the restorations or 35 -1- LSB 5900YH (8) 83 da/rj 1/ 2

H.F. 2246 repairs as required in this subsection, the governing body may 1 make the restorations or repairs. In that case, the person 2 is liable for the reasonable costs incurred by the governing 3 body in making the restorations or repairs. In addition, the 4 person is also liable for any attorney fees and engineering 5 fees incurred by the governing body as a result of the person’s 6 conduct. The amount shall be assessed to such person or 7 persons and shall be certified and , placed on the tax books, 8 and collected with interest and penalties after due, in the 9 same manner as other property taxes. 10 EXPLANATION 11 This bill applies when a person damages a levee or drainage 12 district improvement. Currently, the person causing the damage 13 is liable for making a repair after being provided three days’ 14 notice by the district’s governing body (e.g., the county 15 board of supervisors). After that, the governing body may 16 make the repairs and assess the person the costs collectable 17 as other property taxes. Under the bill, a person must make 18 restorations or repairs as required by the governing body, 19 within 45 days after the governing body delivers the notice and 20 provide proof to the governing body from a licensed engineer 21 that the repairs or restorations were made in conformance 22 with drainage standards. The person is liable for the costs 23 incurred by the governing body in making the restorations 24 or repairs. In addition, the person is also liable for any 25 attorney fees and engineering fees incurred by the governing 26 body as a result of the person’s conduct. 27 -2- LSB 5900YH (8) 83 da/rj 2/ 2