§ 657A.1A — Preliminary inspection of building

Iowa § 657A.1A

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 657A: ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION

Text

1. No sooner than one hundred thirty-five days after a property has become vacant, a
person, other than a governmental entity, may request that the responsible building official
inspect the property and certify that a property is both abandoned and in need of abatement.
The responsible building official may also initiate an inspection on the official’s own initiative
at any time.
2. Iftheresponsiblebuildingofficialfindsfromanexteriorviewoftheproperty,inaddition
to any other credible information that the official may have, that there is reasonable cause to
believe that the property is abandoned and in need of abatement, the official shall schedule
a date and time for an inspection of the property by the official. The person requesting
the inspection shall provide written notice of the scheduled inspection by first class mail
and certified mail to the owner and all interested persons at least twenty days before the
inspection. The notice must state the date, time, and place of the inspection and state that
unless the owner appears at the inspection to allow the responsible building official access
to the interior of the property, the official, accompanied by the person serving notice and
any interested persons appearing for the inspection, may enter the property to determine
whether the property is abandoned and in need of abatement and, if so, to estimate the costs
of abatement. The official may enter the property for an inspection, along with the person
servingnoticeandanyinterestedpersons, iftheownerisnotpresentfortheinspection. Upon
request, the inspection may be rescheduled as needed. The responsible building official must
obtain an administrative search warrant pursuant to section 808.14 to enter any building to
conduct an inspection pursuant to this section.
3. The responsible building official’s findings shall be in writing with copies provided to
the person requesting the inspection, the owner, and all interested parties. The governmental
entity employing the responsible building official may establish and charge a fee to cover
the reasonable costs of the inspection, which shall be added to costs in an action under this
chapter.
4. Evidence that financial obligations in respect to a building, including but not limited to
payments of a mortgage, bills, or property taxes, are currently met does not rebut a finding
of abandonment if the property is substantially in need of abatement in an action filed under
section 657A.2.