Senate Study Bill 1293 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            LOCAL GOVERNMENT BILL BY
                                            CHAIRPERSON QUIRMBACH)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to nuisance properties by requiring the indexing
  2    of certain municipal citations and petitions affecting real
  3    property, authorizing the creation of a lien on real property
  4    that is the subject of a nuisance action, and providing a
  5    limitation on liability for cities and city employees.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1849SC 83
  8 md/rj/14

PAG LIN



  1  1    Section 1.  Section 364.22, Code 2009, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  4A.  a.  Upon receiving a citation under
  1  4 subsection 4 that affects real property, the clerk of the
  1  5 district court shall index the citation pursuant to section
  1  6 617.10.
  1  7    b.  The clerk of the district court shall forward a copy of
  1  8 the citation to the county recorder for filing.  From the time
  1  9 of the filing with the county recorder, a lien is created upon
  1 10 the real property for the payment of any civil penalties,
  1 11 abatement costs, court costs and fees, and for the performance
  1 12 of any order, as adjudged by the court.  The lien shall have
  1 13 preference over all other liens except for taxes owing upon
  1 14 the property, and the lien is enforceable against the property
  1 15 owner, against a person who accepts title to or an interest in
  1 16 the property, or any other interest holder of the property.
  1 17    c.  The clerk of the district court shall also forward a
  1 18 copy of the citation to the county treasurer.  The county
  1 19 treasurer shall include a notation of the pendency of the
  1 20 action in any future tax sale proceeding involving the
  1 21 property, or withhold such property from tax sale.
  1 22    Sec. 2.  NEW SECTION.  364.26  LIMITATION ON LIABILITY ==
  1 23 NUISANCE ABATEMENT.
  1 24    1.  A city or city employee shall not be liable for damages
  1 25 resulting from a failure to issue a civil citation under
  1 26 section 364.22 relating to a nuisance, a failure to take
  1 27 action to abate a nuisance under chapter 657, or a failure to
  1 28 file a petition under chapter 657A.
  1 29    2.  The limitation on liability provided in subsection 1
  1 30 shall not affect any exemption from or limitation on liability
  1 31 under section 670.4.
  1 32    Sec. 3.  Section 617.10, subsection 1, Code 2009, is
  1 33 amended to read as follows:
  1 34    1.  When a petition or citation affecting real estate is
  1 35 filed, the clerk of the district court where the petition or
  2  1 citation is filed shall index the petition or citation in an
  2  2 index book under the tract number which describes the
  2  3 property, entering in each instance the case number as a guide
  2  4 to the record of court proceedings which affect the real
  2  5 estate.  If the petition or citation is amended to include
  2  6 other parties or other lands, the amended petition or citation
  2  7 shall be similarly indexed.  When a final result is determined
  2  8 in the case, the result shall be indicated in the index book
  2  9 wherever indexed.
  2 10    Sec. 4.  NEW SECTION.  657.2A  FILING NOTICE OF PETITION ==
  2 11 LIEN.
  2 12    1.  When a petition affecting real property is filed by a
  2 13 governmental entity under this chapter, the clerk of the
  2 14 district court shall index the petition pursuant to section
  2 15 617.10.
  2 16    2.  The clerk of the district court shall forward a copy of
  2 17 the petition to the county recorder for filing.  From the time
  2 18 of the filing with the county recorder, a lien is created upon
  2 19 the real property for the payment of any civil penalties,
  2 20 abatement costs, court costs and fees, and for the performance
  2 21 of any order, as adjudged by the court.  The lien shall have
  2 22 preference over all other liens except for taxes owing upon
  2 23 the property, and the lien is enforceable against the property
  2 24 owner, against a person who accepts title to or an interest in
  2 25 the property, or any other interest holder of the property.
  2 26    3.  The clerk of the district court shall also forward a
  2 27 copy of the petition to the county treasurer.  The county
  2 28 treasurer shall include a notation of the pendency of the
  2 29 action in any future tax sale proceeding involving the
  2 30 property, or withhold such property from tax sale.
  2 31    Sec. 5.  NEW SECTION.  657A.12  FILING NOTICE OF PETITION
  2 32 == LIEN.
  2 33    1.  Upon receiving a petition under this chapter, the clerk
  2 34 of the district court shall index the petition pursuant to
  2 35 section 617.10.
  3  1    2.  The clerk of the district court shall forward a copy of
  3  2 the petition to the county recorder for filing.  From the time
  3  3 of the filing with the county recorder, a lien is created upon
  3  4 the real property for the payment of abatement costs, court
  3  5 costs and fees, and for the performance of any order, as
  3  6 adjudged by the court.  The lien shall have preference over
  3  7 all other liens except for taxes owing upon the property, and
  3  8 the lien is enforceable against the property owner, against a
  3  9 person who accepts title to or an interest in the property, or
  3 10 any other interest holder of the property.
  3 11    3.  The clerk of the district court shall also forward a
  3 12 copy of the petition to the county treasurer.  The county
  3 13 treasurer shall include a notation of the pendency of the
  3 14 action in any future tax sale proceeding involving the
  3 15 property, or withhold such property from tax sale.
  3 16                           EXPLANATION
  3 17    This bill relates to judicial actions affecting nuisance
  3 18 properties.  The bill requires that a municipal citation
  3 19 issued under Code section 364.22 relating to a nuisance on
  3 20 real property, a petition relating to a nuisance on real
  3 21 property under Code chapter 657, or a petition relating to a
  3 22 nuisance or for title to property under Code chapter 657A be
  3 23 indexed by the clerk of the district court pursuant to Code
  3 24 section 617.10.
  3 25    The bill also provides that in any of the specified
  3 26 judicial actions, the clerk of the district court is required
  3 27 to forward a copy of the citation or petition, as applicable,
  3 28 to the county recorder for filing.  From the time of filing
  3 29 with the county recorder, a lien is created upon the real
  3 30 property for the payment of costs and fees, and for the
  3 31 performance of any order, as adjudged by the court.  The bill
  3 32 provides that such a lien has preference over all other liens
  3 33 except for taxes owing on the property, and that the lien is
  3 34 enforceable against the property owner, a person who accepts
  3 35 title to the property, or person who accepts or has an
  4  1 interest in the property.
  4  2    The bill also provides that the clerk of the district court
  4  3 is required to forward a copy of the citation or petition, as
  4  4 applicable, to the county treasurer.  The bill requires the
  4  5 county treasurer to include a notation of the pendency of the
  4  6 action against the property in any future tax sale proceeding
  4  7 involving the property, or withhold such property from tax
  4  8 sale.
  4  9    The bill provides limitations on liability for cities and
  4 10 city employees for damages resulting from a failure to issue a
  4 11 civil citation under Code section 364.22 relating to a
  4 12 nuisance, a failure to take action to abate a nuisance under
  4 13 Code chapter 657, or a failure to file a petition under Code
  4 14 chapter 657A.
  4 15 LSB 1849SC 83
  4 16 md/rj/14.1