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