Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

1. As an alternative to the remedies under this chapter , a city, or a county if a property that is alleged to be a public nuisance is located outside the limits of a city, may petition the court for an injunction that requires the owner of the property to correct or eliminate th…

1. An action pursuant to this chapter is exclusively within the jurisdiction of district judges as provided in section 602.6202 . 2. This chapter does not prevent a person from using other remedies or procedures to enforce building or housing ordinances or to correct or remove pu…

1. When a petition affecting real property is filed by a governmental entity under this chapter , the clerk of the district court shall index the petition pursuant to section 617.10 , if the legal description of the affected property is included in or attached to the petition. 2.…

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 respo…

1. No sooner than the later of thirty days after the responsible building official’s findings have been provided under section 657A.1A or six months after a building has become abandoned, a petition for abatement under this chapter may be filed in the district court of the county…

1. Before appointing a receiver to perform work or to furnish material to abate a public nuisance under this chapter , the court shall establish a date before which interested persons may file with the court written proof of intent and ability to promptly undertake the work requi…

After expiration of a date established pursuant to section 657A.3, subsection 1 , or a hearing pursuant to section 657A.3 , the court may appoint a receiver to take possession and control of the property in question. A person shall not be appointed as a receiver unless the person…

1. Prior to ordering work or the furnishing of materials to abate a public nuisance under this chapter , the court shall make all of the following findings: a. The estimated cost of the labor, materials, and financing required to abate the public nuisance. b. The estimated income…

Before proceeding with the receiver’s duties, a receiver appointed by the court shall post a bond in an amount designated by the court. The court may empower the receiver to do the following: 1. Take possession and control of the property, operate and manage the property, establi…

Notwithstanding section 657A.10 , it shall be unlawful, and a receiver may be held liable for actual damages as determined by a court, for entering a residential property that is not abandoned for the purpose of forcing, intimidating, harassing, or coercing a lawful occupant of t…

1. If the receiver’s mortgage is filed of record in the office of the county recorder of the county in which the property is located within sixty days of the issuance of a secured note, the receiver’s mortgage is a first lien upon the property and is superior to claims of the rec…

The court may assess the costs and expenses set out in section 657A.6, subsection 2 , and may approve receiver’s fees to the extent that the fees are not covered by the income from the property. The receiver shall pay the costs and reasonable attorney fees of a plaintiff who requ…

The receiver may be discharged at any time in the discretion of the court. The receiver shall be discharged when all of the following have occurred: 1. The public nuisance has been abated. 2. The costs of the receivership have been paid. 3. Either all the receiver’s notes and mor…