Iowa Code 331.384 – Abatement of public health and safety hazards — special assessments
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1. A county may:
a. Require the abatement of a nuisance, public or private, in any reasonable manner.
b. Require the removal of diseased trees or dead wood, except on publicly owned property or right-of-way.
c. Require the removal, repair, or dismantling of an abandoned or dangerous building or structure.
d. Require the numbering of buildings.
e. Require connection to public drainage systems from abutting property when necessary for public health or safety.
f. Require the cutting or destruction of weeds or other growth which constitutes a health, safety, or fire hazard.
Terms Used In Iowa Code 331.384
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Auditor: means the county auditor or a deputy auditor or employee designated by the county auditor. See Iowa Code 331.101
- Board: means the board of supervisors of a county. See Iowa Code 331.101
- Council: means the governing body of a city. See Iowa Code 362.2
- Lien: A claim against real or personal property in satisfaction of a debt.
- property: includes personal and real property. See Iowa Code 4.1
- property owner: means the contract purchaser if there is one of record, otherwise the record holder of legal title. See Iowa Code 364.12
- Rates: means rates, fees, tolls, rentals, and charges for the use of or service provided by a county enterprise or combined county enterprise. See Iowa Code 331.461
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. If the property owner does not perform an action required under this section within a reasonable time after notice, a county may perform the required action and assess the costs against the property for collection in the same manner as a property tax. Notice may be in the form of an ordinance or by certified mail to the property owner as shown by the records of the county auditor, and shall state the time within which action is required. However, in an emergency, a county may perform any action which may be required under this section without prior notice and assess the costs as provided in this section after notice to the property owner and hearing.
3. If any amount assessed against property under this section exceeds five hundred dollars, a county may permit the assessment to be paid in up to ten annual installments in the same manner and with the same interest rates provided for assessments against benefited property under chapter 384, subchapter IV.
4. A special assessment levied pursuant to this section, including all interest and penalties, is a lien against the benefited property from the date of filing the schedule of assessments until the assessment is paid. A special assessment has equal precedence with ordinary taxes and is not divested by judicial sale.
5. The procedures for making and levying a special assessment pursuant to this section and for an appeal of the assessment are the same procedures as provided in sections 384.59 through 384.67 and sections 384.72 through 384.75, provided that the references in those sections to the council shall be to the board of supervisors and the references to the city shall be to the county.