House
File
2569
-
Introduced
HOUSE
FILE
2569
BY
RINKER
A
BILL
FOR
An
Act
relating
to
recovery
of
costs
for
the
demolition
of
1
abandoned
buildings
by
cities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5950YH
(2)
91
ms/js
H.F.
2569
Section
1.
Section
364.12,
subsection
3,
Code
2026,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
i.
Demolish
an
abandoned
structure
when
3
required
to
address
a
public
safety
or
health
concern
or
abate
4
ongoing
nuisance
issues
and
recover
the
demolition
costs
by
5
any
means
from
any
owner
or
owners
of
the
structure
within
the
6
preceding
five
years
if
the
following
conditions
are
met:
7
(1)
The
property
owner
does
not
perform
the
demolition
of
a
8
structure
required
under
this
subsection
within
a
reasonable
9
time
after
notice.
10
(2)
The
property
has
been
abandoned
by
the
owners,
as
11
defined
in
section
657A.1.
12
(3)
The
property
taxes
remain
unpaid
by
the
owner
or
13
lienholder
for
a
minimum
of
one
year
from
the
date
the
property
14
is
considered
abandoned.
15
(4)
The
property
has
been
cited
for
causing
a
nuisance
at
16
least
six
separate
times
within
the
preceding
six-month
period.
17
Sec.
2.
Section
657A.10B,
Code
2026,
is
amended
by
adding
18
the
following
new
subsection:
19
NEW
SUBSECTION
.
9.
A
city’s
plan
to
demolish
a
building
on
20
abandoned
property
pursuant
to
section
364.12
does
not
preclude
21
a
court
from
granting
the
city
title
to
the
property
under
this
22
section.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
Under
current
law,
a
building
is
considered
abandoned
if
27
it
is
vacant,
or
is
occupied
only
by
trespassers,
and
is
in
28
violation
of
the
housing
code
or
building
code
of
the
city
or
29
county
in
which
the
property
is
located.
30
Under
current
law,
a
city
may
require
the
abatement
of
a
31
nuisance,
public
or
private,
in
any
reasonable
manner.
If
the
32
property
owner
does
not
perform
an
action
required
by
the
city
33
within
a
reasonable
time,
the
city
may
perform
the
action
and
34
assess
the
costs
against
the
property
for
collection
in
the
35
-1-
LSB
5950YH
(2)
91
ms/js
1/
2
H.F.
2569
same
manner
as
a
property
tax.
1
This
bill
allows
cities
to
recover
costs
by
any
means
2
from
any
owner
or
owners
of
an
abandoned
structure
within
3
the
preceding
five
years
for
demolishing
the
structure
when
4
required
to
address
a
public
safety
or
health
concern
or
abate
5
ongoing
nuisance
issues
if
the
following
conditions
are
met:
6
(1)
the
property
owner
does
not
perform
the
demolition
of
a
7
structure
required
under
this
subsection
within
a
reasonable
8
time
after
notice;
(2)
the
property
has
been
abandoned
by
the
9
owners,
as
defined
in
section
657A.1;
(3)
the
property
taxes
10
remain
unpaid
by
the
owner
or
lienholder
for
a
minimum
of
one
11
year
from
the
date
the
property
is
considered
abandoned;
and
12
(4)
the
property
has
been
cited
for
causing
a
nuisance
at
least
13
six
separate
times
within
the
preceding
six-month
period.
14
A
city’s
plan
to
demolish
a
building
on
abandoned
property
15
pursuant
to
the
bill
does
not
preclude
a
court
from
granting
16
the
city
title
to
the
property.
17
-2-
LSB
5950YH
(2)
91
ms/js
2/
2