HF 2477 (LSB 5472YH (3) 90)

HOUSE FILE 2477

BY  CROKEN, LEVIN, ABDUL-SAMAD, WILBURN, BROWN-POWERS, and EHLERT

A BILL FOR

An Act relating to a city’s or county’s duty to enforce orders to vacate, and providing remedies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 10A.514, Code 2024, is amended to read as follows:
   10A.514  Authority for inspection —— orders.
   1.  The chief of a fire department or an authorized subordinate who is trained in fire prevention safety standards may enter a building or premises at a reasonable hour to examine the building or premises and its contents. The examining official shall order the correction of a condition which that is in violation of this chapter, a rule adopted under this chapter, or a city or county fire safety ordinance. The order shall be in writing or, if the danger is imminent, orally followed by a written order. The examining official shall enforce the order in accordance with the applicable law or ordinance. At the request of the examining official the director may assist in an enforcement action.
   2.  An order to vacate a structure due to health or safety violations shall be enforced by the city or county having jurisdiction over the structure within thirty days of the written and oral order. The city or county shall assist in the relocation of all persons displaced by the order to vacate.
   3.  An owner or tenant of a structure aggrieved by an unenforced order to vacate the structure may bring an action for civil damages against the city or county for failing to enforce the order to vacate the structure.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires cities and counties to enforce an order to vacate an unsafe structure issued by the chief of a fire department or an authorized subordinate who is trained in fire prevention. An order to vacate a structure for health or safety concerns shall be enforced by the city or county within 30 days of the written and oral order. The city or county shall assist all displaced persons in relocating to a different structure. An aggrieved owner or tenant affected by a city’s or county’s failure to enforce an order to vacate a structure may bring action for civil damages against the city or county.