Iowa Code 89A.10 – Enforcement orders by director — injunction
Current as of: 2024 | Check for updates
|
Other versions
1. If an inspection report indicates a failure to comply with applicable rules, or with the detailed plans and specifications approved by the director, the director may, upon giving notice, order the owner of a conveyance to make the changes necessary for compliance.
Terms Used In Iowa Code 89A.10
- 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.
- Conveyance: means an elevator, dumbwaiter, escalator, moving walk, lift, or inclined or vertical wheelchair lift subject to regulation under this chapter, and includes hoistways, rails, guides, and all other related mechanical and electrical equipment. See Iowa Code 89A.1
- Director: means the director of the department of inspections, appeals, and licensing. See Iowa Code 89A.1
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Owner: means the owner of a conveyance, unless the conveyance is a new installation or is undergoing major alterations, in which case the owner shall be considered the person responsible for the installation or alteration of the conveyance until the conveyance has passed final inspection by the department. See Iowa Code 89A.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Safety board: means the elevator safety board created in section 89A. See Iowa Code 89A.1
2. If the owner does not make the changes necessary for compliance as required in subsection 1 within the period specified by the director, the director, upon notice, may suspend or revoke the operating permit, or may refuse to issue the operating permit for the conveyance. The director shall notify the owner of any action to suspend, revoke, or refuse to issue an operating permit and the reason for the action by service in the same manner as an original notice or by certified mail. An owner may appeal the director’s initial decision to the safety board. The decision of the safety board shall be considered final agency action pursuant to chapter 17A.
3. If the director has reason to believe that the continued operation of a conveyance constitutes an imminent danger which could reasonably be expected to seriously injure or cause death to any person, in addition to any other remedies, the director may apply to the district court in the county in which such imminently dangerous condition exists for a temporary order for the purpose of enjoining such imminently dangerous conveyance. Upon hearing, if deemed appropriate by the court, a permanent injunction may be issued to ensure that such imminently dangerous conveyance be prevented or controlled. Upon the elimination or rectification of such imminently dangerous condition, the temporary or permanent injunction shall be vacated.