Senate
File
2254
-
Introduced
SENATE
FILE
2254
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
SF
2186)
A
BILL
FOR
An
Act
relating
to
the
powers
and
duties
of
county
treasurers
1
to
assess
certain
property
associated
with
fence
disputes
2
and
water
districts.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5921SV
(1)
83
da/sc
S.F.
2254
Section
1.
Section
169C.1,
Code
2009,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
“County
system”
means
the
same
as
3
defined
in
section
445.1.
4
Sec.
2.
Section
169C.6,
subsection
3,
Code
2009,
is
amended
5
to
read
as
follows:
6
3.
If
the
fence
is
not
erected
or
maintained
as
required
7
in
section
359A.6,
and
upon
the
written
request
of
the
board
8
of
township
trustees,
the
board
of
supervisors
of
the
county
9
where
the
fence
is
to
be
erected
or
maintained
shall
act
in
10
the
same
manner
as
the
board
of
township
trustees
under
that
11
section,
including
by
erecting
or
maintaining
the
fence,
12
ordering
payment
from
a
defaulted
party,
and
certifying
an
13
amount
due
to
the
county
auditor
treasurer
in
the
same
manner
14
as
in
section
359A.6
.
The
amount
due
shall
include
the
total
15
costs
required
to
erect
or
maintain
the
fence
and
a
penalty
16
equal
to
five
percent
of
the
total
costs.
The
amount
shall
be
17
placed
upon
the
tax
books
county
system
,
and
collected
with
18
interest
and
penalties
after
due,
in
the
same
manner
as
other
19
unpaid
property
taxes
in
the
same
manner
as
ordinary
taxes.
20
Upon
certification
to
the
county
treasurer,
the
amount
assessed
21
shall
be
a
lien
on
the
parcel
until
paid
.
22
Sec.
3.
Section
331.512,
subsection
1,
paragraph
d,
Code
23
2009,
is
amended
by
striking
the
paragraph.
24
Sec.
4.
Section
359A.4,
Code
2009,
is
amended
to
read
as
25
follows:
26
359A.4
Decision
——
deposit.
27
At
said
time
and
place
the
fence
viewers
shall
meet
and
28
determine
by
written
order
the
obligations,
rights,
and
duties
29
of
the
respective
parties
in
such
matter,
and
assign
to
each
30
owner
the
part
which
the
owner
shall
erect,
maintain,
rebuild,
31
trim
or
cut
back,
or
pay
for,
and
fix
the
value
thereof,
and
32
prescribe
the
time
within
which
the
same
shall
be
completed
33
or
paid
for,
and,
in
case
of
repair,
may
specify
the
kind
of
34
repairs
to
be
made.
If
the
fence
is
not
erected,
rebuilt,
or
35
-1-
LSB
5921SV
(1)
83
da/sc
1/
4
S.F.
2254
repaired
within
the
time
prescribed
in
the
order,
the
fence
1
viewers
shall
require
the
complaining
landowner
to
deposit
with
2
the
fence
viewers
a
sum
of
money
sufficient
to
pay
for
the
3
erecting,
rebuilding,
trimming,
cutting
back
or
repairing
such
4
fence
together
with
the
fees
of
the
fence
viewers
and
costs.
5
Such
complaining
landowner
shall
be
reimbursed
as
soon
as
the
6
taxes
costs
and
fees
assessed
against
the
party
in
default
are
7
collected
as
provided
in
section
359A.6.
8
Sec.
5.
Section
359A.6,
Code
2009,
is
amended
to
read
as
9
follows:
10
359A.6
Default
——
costs
and
fees
collected
as
taxes
.
11
If
the
erecting,
rebuilding,
or
repairing
of
such
a
fence
12
be
is
not
completed
within
thirty
days
from
and
after
the
13
time
fixed
therefor
in
such
the
order,
the
board
of
township
14
trustees
acting
as
fence
viewers
shall
cause
the
fence
to
be
15
erected,
rebuilt
,
and
repaired,
and
the
value
thereof
may
16
be
fixed
by
the
fence
viewers,
and
unless
the
sum
so
fixed,
17
together
with
all
fees
of
the
fence
viewers
caused
by
such
18
default,
as
taxed
by
them,
is
paid
to
the
county
treasurer,
19
within
ten
days
after
the
same
is
so
ascertained;
or
when
20
ordered
to
pay
for
an
existing
fence,
and
the
value
thereof
is
21
fixed
by
the
fence
viewers,
and
said
sum,
together
with
the
22
fees
of
the
fence
viewers,
as
taxed
by
them,
remains
unpaid
23
by
the
party
in
default
for
ten
days,
the
fence
viewers
shall
24
certify
to
the
county
auditor
treasurer
the
full
amount
due
25
from
the
party
or
parties
in
default,
including
all
fees
and
26
costs
taxed
assessed
by
the
fence
viewers
,
together
with
a
27
description
of
the
real
estate
owned
by
the
party
or
parties
28
in
default
along
or
upon
which
the
said
fence
exists,
and
the
29
county
auditor
treasurer
shall
enter
the
same
upon
the
tax
30
list
county
system,
and
the
amount
shall
be
collected
as
other
31
taxes
in
the
same
manner
as
ordinary
taxes.
Upon
certification
32
to
the
county
treasurer,
the
amount
assessed
shall
be
a
lien
on
33
the
parcel
until
paid
.
34
Sec.
6.
Section
357.22,
Code
2009,
is
amended
to
read
as
35
-2-
LSB
5921SV
(1)
83
da/sc
2/
4
S.F.
2254
follows:
1
357.22
Lien
of
assessments
——
tax.
2
When
the
assessment
has
been
completed
,
and
the
bonds
have
3
been
sold
and
delivered
to
the
county
auditor,
and
the
schedule
4
of
assessment
shall
be
turned
over
has
been
delivered
to
the
5
county
auditor
treasurer
,
the
installments
due
thereon
shall
6
be
collected
in
the
same
manner
as
ordinary
taxes
and
shall
7
constitute
a
lien
on
the
property
against
which
they
are
made.
8
If
the
treasurer
does
not
receive
sufficient
funds
to
enable
9
the
treasurer
to
pay
the
interest
and
retire
the
bonds
as
they
10
become
due,
the
auditor
shall
levy
an
annual
tax
of
eighty-one
11
cents
per
thousand
dollars
of
assessed
value
of
all
taxable
12
property
within
the
district
to
pay
such
deficiency,
and
the
13
county
treasurer
shall
apply
the
proceeds
of
such
levy
to
the
14
payment
of
the
bonds
and
the
interest
on
the
same
so
long
as
the
15
bonds
are
in
arrears
on
either
interest
or
principal.
16
Sec.
7.
Section
445.1,
subsection
5,
Code
Supplement
2009,
17
is
amended
to
read
as
follows:
18
5.
“Rate
or
charge”
means
an
item,
including
rentals,
19
legally
certified
to
the
county
treasurer
for
collection
20
as
provided
in
sections
169C.6,
331.465,
331.489,
358.20,
21
359A.6,
364.11,
364.12,
and
468.589
and
section
384.84,
22
subsection
4.
23
EXPLANATION
24
This
bill
relates
to
the
powers
and
duties
of
county
25
treasurers
to
assess
certain
property
associated
with
fence
26
viewing
disputes
and
water
districts.
27
ASSESSMENTS
ARISING
FROM
FENCE
DISPUTES.
Code
chapter
28
169C
provides
for
the
habitual
trespass
of
livestock
onto
the
29
land
of
a
neighboring
landowner
or
strays
from
the
land
where
30
the
livestock
are
kept
onto
a
public
road.
A
neighboring
31
landowner
or
local
authority
(county
or
city)
may
request
that
32
the
responsible
landowner
of
the
land
where
the
trespassing
or
33
stray
livestock
are
kept
construct
or
maintain
a
fence
on
the
34
land.
Code
chapter
359A
provides
that
adjacent
landowners
are
35
-3-
LSB
5921SV
(1)
83
da/sc
3/
4
S.F.
2254
both
responsible
for
constructing
and
maintaining
partition
1
fences.
In
both
cases
the
township
trustees
(including
2
by
acting
through
fence
viewers)
may
intervene
by
having
3
construction
or
repair
work
done
independently,
ordering
the
4
responsible
landowner
to
make
payment,
and
certifying
the
5
amount
due
to
the
county
auditor
who
places
the
amount
on
the
6
tax
books
for
collection
as
a
tax
debt.
This
bill
changes
7
that
procedure
by
requiring
the
county
trustees
to
certify
8
the
amount
due
to
the
county
treasurer
who
must
enter
the
9
information
into
the
county
system.
The
county
system
is
a
10
method
of
data
storage
and
retrieval
approved
by
the
auditor
11
of
state
which
includes
tax
lists,
books,
records,
indexes,
12
registers,
or
schedules
(see
Code
section
445.1).
The
bill
13
provides
that
the
amount
due
is
collected
in
a
manner
similar
14
to
that
provided
for
the
collection
of
rates
and
charges
by
the
15
governing
body
of
a
city
utility
(see
Code
section
384.84).
16
The
assessed
amount
as
certified
is
a
lien
upon
the
land
until
17
paid.
18
ASSESSMENTS
ARISING
FROM
WATER
DISTRICT
IMPROVEMENTS.
19
Code
chapter
357
provides
for
the
assessment
of
landowners
20
benefiting
from
work
done
to
a
water
district
which
may
be
21
financed
through
the
issuance
of
bonds.
When
the
assessment
is
22
completed
and
the
bonds
are
sold,
the
county
auditor
receives
a
23
schedule
of
assessment
for
collection
in
installment
payments
24
in
the
same
manner
as
ordinary
taxes.
The
amount
assessed
25
is
a
lien
on
the
benefited
property.
The
bill
provides
that
26
the
bonds
are
to
be
delivered
to
the
county
auditor,
and
27
the
schedule
of
assessment
is
to
be
delivered
to
the
county
28
treasurer
which
are
still
collected
as
taxes
due.
29
-4-
LSB
5921SV
(1)
83
da/sc
4/
4