House
File
353
-
Introduced
HOUSE
FILE
353
BY
FISHER
A
BILL
FOR
An
Act
relating
to
the
methods
of
collection
for
expenses
1
incurred
in
abating
a
nuisance
or
other
hazards.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2063YH
(4)
88
md/jh
H.F.
353
Section
1.
Section
331.384,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
In
lieu
of
collecting
the
costs
3
of
performing
the
required
action
by
special
assessment,
4
the
county
may
assess
the
costs
incurred
in
performing
the
5
required
action
by
charging
the
costs
to
an
account
of
a
6
county
enterprise
or
combined
county
enterprise,
as
defined
in
7
section
331.461,
an
account
of
a
city
utility,
as
defined
in
8
section
362.2,
an
account
of
a
combined
utility
system,
city
9
enterprise,
or
combined
city
enterprise,
as
defined
in
section
10
384.80,
or
an
account
of
a
joint
water
utility
under
chapter
11
389,
for
a
utility
or
service
of
the
applicable
utility
or
12
enterprise
being
provided
to
the
subject
property.
The
charge
13
entered
shall
be
considered
a
delinquent
rate
or
charge
and
14
the
procedures
and
authority
for
collection
by
the
applicable
15
utility
or
enterprise
shall
apply.
If
the
amount
charged
under
16
this
subsection
is
paid,
the
applicable
utility
or
enterprise
17
shall
transfer
the
amount
paid
to
the
county.
18
Sec.
2.
Section
364.12,
Code
2019,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
4A.
In
lieu
of
the
methods
for
collection
21
under
subsection
3,
paragraph
“h”
,
and
subsection
4,
the
city
22
may
assess
the
costs
incurred
in
performing
the
required
action
23
by
charging
the
costs
to
an
account
of
a
county
enterprise
or
24
combined
county
enterprise,
as
defined
in
section
331.461,
25
an
account
of
a
city
utility,
as
defined
in
section
362.2,
26
an
account
of
a
combined
utility
system,
city
enterprise,
or
27
combined
city
enterprise,
as
defined
in
section
384.80,
or
28
an
account
of
a
joint
water
utility
under
chapter
389,
for
29
a
utility
or
service
of
the
applicable
utility
or
enterprise
30
being
provided
to
the
subject
property.
The
charge
entered
31
shall
be
considered
a
delinquent
rate
or
charge
and
the
32
procedures
and
authority
for
collection
by
the
applicable
33
utility
or
enterprise
shall
apply.
If
the
amount
charged
under
34
this
subsection
is
paid,
the
applicable
utility
or
enterprise
35
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2063YH
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88
md/jh
1/
3
H.F.
353
shall
transfer
the
amount
paid
to
the
city.
1
Sec.
3.
Section
657.7,
Code
2019,
is
amended
to
read
as
2
follows:
3
657.7
Expenses
——
how
collected.
4
1.
The
expense
of
abating
a
nuisance
by
virtue
of
a
warrant
5
can
be
collected
by
the
officer
in
the
same
manner
as
damages
6
and
costs
are
collected
on
execution,
except
that
the
materials
7
of
any
buildings,
fences,
or
other
things
that
may
be
removed
8
as
a
nuisance
may
be
first
levied
upon
and
sold
by
the
officer,
9
and
if
any
of
the
proceeds
remain
after
satisfying
the
expense
10
of
the
removal,
such
balance
must
be
paid
by
the
officer
to
the
11
defendant,
or
to
the
owner
of
the
property
levied
upon;
and
12
if
said
proceeds
are
not
sufficient
to
pay
such
expenses,
the
13
officer
must
collect
the
residue
thereof.
14
2.
In
lieu
of
the
method
for
collection
under
subsection
1,
15
the
expense
of
abating
a
nuisance
incurred
by
the
governmental
16
entity
and
for
which
a
warrant
is
issued
may
alternatively
17
be
charged
by
the
governmental
entity
to
an
account
of
a
18
county
enterprise
or
combined
county
enterprise,
as
defined
19
in
section
331.461,
the
bill
of
a
city
utility,
as
defined
in
20
section
362.2,
the
bill
of
a
combined
utility
system,
city
21
enterprise,
or
combined
city
enterprise,
as
defined
in
section
22
384.80,
or
the
bill
of
a
joint
water
utility
under
chapter
23
389,
for
a
utility
or
service
of
the
applicable
utility
or
24
enterprise
being
provided
to
the
subject
property.
The
charge
25
entered
shall
be
considered
a
delinquent
rate
or
charge
and
26
the
procedures
and
authority
for
collection
by
the
applicable
27
utility
or
enterprise
shall
apply.
If
the
amount
charged
under
28
this
subsection
is
paid,
the
applicable
utility
or
enterprise
29
shall
transfer
the
amount
paid
to
the
governmental
entity.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
the
methods
of
collection
for
costs
34
incurred
by
governmental
entities
for
the
abatement
of
certain
35
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2063YH
(4)
88
md/jh
2/
3
H.F.
353
nuisances
and
hazards.
1
The
bill
provides
that
if
an
action
required
to
abate
or
2
remedy
a
nuisance
or
hazard
within
a
reasonable
time
after
3
notice,
the
city
or
county,
as
applicable,
may
perform
the
4
required
action
and
assess
the
costs
by
charging
the
costs
5
to
an
account
of
specified
city
or
county
utilities
and
6
enterprises
providing
utilities
or
services
to
the
subject
7
property.
The
charge
entered
is
considered
a
delinquent
rate
8
or
charge
and
the
procedures
and
authority
for
collection
by
9
the
applicable
utility
or
enterprise
applies.
If
the
amount
10
charged
is
paid,
the
applicable
utility
or
enterprise
is
11
required
to
transfer
the
amount
paid
to
the
applicable
city
or
12
county.
13
The
bill
provides
similar
authority
for
governmental
14
entities
that
incur
costs
to
remedy
a
nuisance
under
Code
15
chapter
657.
16
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2063YH
(4)
88
md/jh
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3