HF 2569 (LSB 5950YH (2) 91)

HOUSE FILE 2569

BY  RINKER

A BILL FOR

An Act relating to recovery of costs for the demolition of abandoned buildings by cities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 364.12, subsection 3, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  i.  Demolish an abandoned structure when required to address a public safety or health concern or abate ongoing nuisance issues and recover the demolition costs by any means from any owner or owners of the structure within the preceding five years if the following conditions are met:
   (1)  The property owner does not perform the demolition of a structure required under this subsection within a reasonable time after notice.
   (2)  The property has been abandoned by the owners, as defined in section 657A.1.
   (3)  The property taxes remain unpaid by the owner or lienholder for a minimum of one year from the date the property is considered abandoned.
   (4)  The property has been cited for causing a nuisance at least six separate times within the preceding six-month period.
    Sec. 2.  Section 657A.10B, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  A city’s plan to demolish a building on abandoned property pursuant to section 364.12 does not preclude a court from granting the city title to the property under this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a building is considered abandoned if it is vacant, or is occupied only by trespassers, and is in violation of the housing code or building code of the city or county in which the property is located.
   Under current law, a city may require the abatement of a nuisance, public or private, in any reasonable manner. If the property owner does not perform an action required by the city within a reasonable time, the city may perform the action and assess the costs against the property for collection in the same manner as a property tax.
   This bill allows cities to recover costs by any means from any owner or owners of an abandoned structure within the preceding five years for demolishing the structure when required to address a public safety or health concern or abate ongoing nuisance issues if the following conditions are met: (1) the property owner does not perform the demolition of a structure required under this subsection within a reasonable time after notice; (2) the property has been abandoned by the owners, as defined in section 657A.1; (3) the property taxes remain unpaid by the owner or lienholder for a minimum of one year from the date the property is considered abandoned; and (4) the property has been cited for causing a nuisance at least six separate times within the preceding six-month period. A city’s plan to demolish a building on abandoned property pursuant to the bill does not preclude a court from granting the city title to the property.