General Assembly: 76 (1995 Regular GA) - Chapter 58 - City assessments for public improvement costs


Published: 1995

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CH. 57 lAWS OF THE SEVENTY-SIXTH GA, 1995 SESSION 104

1996, and ending June 30, 1997.

Sec. 27. POUTICAL SUBDIVISIONS RESPONSIBLE FOR ADDED COSTS. Except as otherwise provided in this Act, the state shall not pay any additional costs incurred by a political subdivision as a result of this Act.

Approved April24, 1995

CHAPTER 58 CI1Y ASSESSMENTS FOR PUBUC IMPROVEMENT COSTS

H.F. 470

AN ACf relating to the assessment of certain public improvement costs to abutting property at the request of the property owner.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 364.12, Code 1995, is amended by adding the following new sub- sections:

NEW SUBSECTION. 5. A city may cause, without prior determination and notice, the repair or replacement of public improvements including, but not limited to, sidewalks, water stop boxes, and driveway approaches if the property owner does all of the following:

a. Requests the repair and replacement of the public improvements specified in this subsection abutting the property owner's property located outside the lot and property lines and inside the curb lines.

b. Waives the requirement of a prior finding by the city council that the condition of the public improvements constitutes a nuisance and the requirement of prior notice.

c. Consents to the repair of the public improvements and the assessment of the cost of the repair to the abutting property.

NEW SUBSECTION. 6. If, in repairing and replacing improvements in the area be- tween the lot or property lines and the curb lines pursuant to subsection 5, it becomes necessary for the city to repair or replace adjacent improvements in the area, the cost of repairing or replacing the adjacent public improvements may be assessed, with consent of the property owner, against the property which the public improvements abut.

NEW SUBSECTION. 7. A city may accumulate individual assessments for the repair and replacement of sidewalks, driveway approaches, water stop boxes, or similar improve- ments or for the abatement of nuisances, and may periodically certify the assessments to the county treasurer under one or more assessment schedules.

Approved April24, 1995