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