Senate File 434 - Reprinted SENATE FILE BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SSB 1293) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to nuisance properties by requiring the indexing 2 of certain municipal citations and petitions affecting real 3 property. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1849SV 83 6 md/rj/14 PAG LIN 1 1 Section 1. Section 364.22, Code 2009, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4A. a. Upon receiving a citation under 1 4 subsection 4 that affects real property, the clerk of the 1 5 district court shall index the citation pursuant to section 1 6 617.10, if the legal description of the affected property is 1 7 included in or attached to the citation. 1 8 b. After filing the citation with the clerk of the 1 9 district court, the city may also file the citation in the 1 10 office of the county treasurer. Upon request of the city, the 1 11 county treasurer shall include a notation of the pendency of 1 12 the action in any future tax sale proceeding involving the 1 13 property. 1 14 Sec. 2. Section 617.10, subsection 1, Code 2009, is 1 15 amended to read as follows: 1 16 1. When a petition or municipal infraction citation 1 17 affecting real estate is filed, the clerk of the district 1 18 court where the petition or municipal infraction citation is 1 19 filed shall index the petition or municipal infraction 1 20 citation in an index book under the tract number which 1 21 describes the property, entering in each instance the case 1 22 number as a guide to the record of court proceedings which 1 23 affect the real estate. If the petition or municipal 1 24 infraction citation is amended to include other parties or 1 25 other lands, the amended petition or municipal infraction 1 26 citation shall be similarly indexed. When a final result is 1 27 determined in the case, the result shall be indicated in the 1 28 index book wherever indexed. 1 29 Sec. 3. NEW SECTION. 657.2A INDEXING OF PETITION. 1 30 1. When a petition affecting real property is filed by a 1 31 governmental entity under this chapter, the clerk of the 1 32 district court shall index the petition pursuant to section 1 33 617.10, if the legal description of the affected property is 1 34 included in or attached to the petition. 1 35 2. After filing the petition with the clerk of the 2 1 district court, the governmental entity may also file the 2 2 petition in the office of the county treasurer. Upon request 2 3 of the governmental entity, the county treasurer shall include 2 4 a notation of the pendency of the action in any future tax 2 5 sale proceeding involving the property. 2 6 Sec. 4. NEW SECTION. 657A.12 INDEXING OF PETITION. 2 7 1. When a petition affecting real property is filed by a 2 8 governmental entity under this chapter, the clerk of the 2 9 district court shall index the petition pursuant to section 2 10 617.10, if the legal description of the affected property is 2 11 included in or attached to the petition. 2 12 2. After filing the petition with the clerk of the 2 13 district court, the governmental entity may also file the 2 14 petition in the office of the county treasurer. Upon request 2 15 of the governmental entity, the county treasurer shall include 2 16 a notation of the pendency of the action in any future tax 2 17 sale proceeding involving the property. 2 18 SF 434 2 19 md/rj/jh/26