Iowa Code 103A.18 – Court proceedings
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Judicial review of action of the commissioner, board of review, or council may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of said Act:
1. Filing of a petition for judicial review shall stay all proceedings on the matter with respect to which review is sought unless there is a showing by the state agency or a local building department that a stay would involve imminent peril to life or property.
Terms Used In Iowa Code 103A.18
- board: means the state building code board of review created by this chapter. See Iowa Code 103A.3
- building: includes any part of a building unless the context clearly requires a different meaning. See Iowa Code 103A.3
- code: means the state building code provided for in section 103A. See Iowa Code 103A.3
- Commissioner: means the state building code commissioner created by this chapter. See Iowa Code 103A.3
- Construction: means the construction, erection, reconstruction, alteration, conversion, repair, equipping of buildings, structures or facilities, and requirements or standards relating to or affecting materials used in connection therewith, including provisions for safety and sanitary conditions. See Iowa Code 103A.3
- Council: means the state building code advisory council created by this chapter. See Iowa Code 103A.3
- Department: means the department of inspections, appeals, and licensing. See Iowa Code 103A.3
- Governmental subdivision: means any city, county, or combination thereof. See Iowa Code 103A.3
- Local building department: means an agency of any governmental subdivision charged with the administration, supervision, or enforcement of building regulations, approval of plans, inspection of buildings, or the issuance of permits, licenses, certificates and similar documents, prescribed or required by state or local building regulations. See Iowa Code 103A.3
- property: includes personal and real property. See Iowa Code 4.1
- 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
- State agency: means a state department, board, bureau, commission, or agency of the state of Iowa. See Iowa Code 103A.3
- structure: includes any part of a structure unless the context clearly requires a different meaning. See Iowa Code 103A.3
2. No court shall entertain an action based on the state building code unless all administrative remedies have been exhausted, except:
a. When the action is instituted by the state or a governmental subdivision; or
b. When there is good cause for the failure to exhaust administrative remedies.
3. Subject to subsection 1 of this section, where the construction of a building or structure or use of a building is in violation of any code provision or lawful order of a local building department, the district court may on petition order removal of the building, abatement as a public nuisance, or enjoin further construction.
4. Petitions for judicial review may be filed in the county where the cause of action or some part thereof arose.