Senate File 402 - Reprinted



                                 SENATE FILE       
                                 BY  COMMITTEE ON WAYS AND MEANS

                                 (SUCCESSOR TO SF 281)
                                 (SUCCESSOR TO SSB 1215)


    Passed Senate, Date                Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the assessment and collection of penalty, fee,
  2    and interest charges imposed for the late payment of building
  3    code penalties, fines, and inspection and enforcement fees.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2215SZ 81
  6 eg/sh/8

PAG LIN



  1  1    Section 1.  Section 364.17, subsection 3, paragraph a, Code
  1  2 2005, is amended to read as follows:
  1  3    a.  A schedule of civil penalties or criminal fines for
  1  4 violations.  A city may charge the owner of housing a late
  1  5 payment fee of twenty=five dollars and may add interest of up
  1  6 to one and one=half percent per month if a penalty or fine
  1  7 imposed under this paragraph is not paid within thirty days of
  1  8 the date that the penalty or fine is due.  The city shall send
  1  9 a notice of the late payment fee to such owner by first class
  1 10 mail to the owner's personal or business mailing address.  The
  1 11 late payment fee and the interest shall not accrue if such
  1 12 owner files an appeal with either the city, if the city has
  1 13 established an appeals procedure, or the district court.  Any
  1 14 unpaid penalty, fine, fee, or interest shall constitute a lien
  1 15 on the real property and may be collected in the same manner
  1 16 as a property tax.  However, before a lien is filed, the city
  1 17 shall send a notice of intent to file a lien to the owner of
  1 18 housing by first class mail to such owner's personal or
  1 19 business mailing address.
  1 20    Sec. 2.  Section 364.17, subsection 5, Code 2005, is
  1 21 amended to read as follows:
  1 22    5.  Cities may establish reasonable fees for inspection and
  1 23 enforcement procedures.  A city may charge the owner of
  1 24 housing a late payment penalty of twenty=five dollars and may
  1 25 add interest of up to one and one=half percent per month if a
  1 26 fee imposed under this subsection is not paid within thirty
  1 27 days of the date that the fee is due.  The city shall send a
  1 28 notice of the late payment penalty to such owner by first
  1 29 class mail to the owner's personal or business mailing
  1 30 address.  The late payment penalty and the interest shall not
  1 31 accrue if such owner files an appeal with either the city, if
  1 32 the city has established an appeals procedure, or the district
  1 33 court.  Any unpaid fee, penalty, or interest shall constitute
  1 34 a lien on the real property and may be collected in the same
  1 35 manner as a property tax.  However, before a lien is filed,
  2  1 the city shall send a notice of intent to file a lien to the
  2  2 owner of housing by first class mail to such owner's personal
  2  3 or business mailing address.
  2  4 SF 402
  2  5 eg:rj/cc/26