§ 657a-3

657A.3 Interested persons — opportunity to abate public nuisance. 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 personsmay file with the court written proof of intent and ability to promptly undertake the workrequired and to post security for the performance of the work. If no such written proof isfiled by that date, the court may appoint a receiver pursuant to subsection 3. 2. All amounts expended by the person toward abating the public nuisance are a lien on the property if the expenditures are approved in advance by a judge and if the person desiresthe lien. Unless an interested person has a contract with the owner providing for a differentinterest rate, the lien shall bear interest at the rate provided for judgments pursuant to section535.3, and shall be payable upon terms approved by the judge. If a certified copy of a courtorder approving the expenses and the terms of payment for the lien, and a description of theproperty in question, are filed of record within thirty days of the date of issuance of the orderin the office of the county recorder of

and the terms of payment for the lien, and a description of theproperty in question, are filed of record within thirty days of the date of issuance of the orderin the office of the county recorder of the county in which the property is located, the lien hasthe same priority as the mortgage of a receiver as provided in section 657A.7. 3. If the court determines by the date established in subsection 1 or at a hearing on the sufficiency of a timely filed rehabilitation plan that no interested person can undertakethe work and furnish the materials required to abate the public nuisance, or if the courtdetermines at any time after the hearing that an interested person who is undertakingcorrective work pursuant to this section cannot or will not proceed, or has not proceededwith due diligence, the court may appoint a receiver to take possession and control of theproperty. The receiver shall be appointed in the manner provided in section 657A.4. 4. If the building is a historic building or is located in a designated historic district, the court shall give preference to an economically feasible rehabilitation plan that preserves thehistorical nature of the building. 5.

toric building or is located in a designated historic district, the court shall give preference to an economically feasible rehabilitation plan that preserves thehistorical nature of the building. 5. Unless a receiver’s mortgage provides for periodic payments, a notice, in lieu of the notice pursuant to section 654.2D, shall also be served by ordinary or electronic mailinforming all interested persons of the date certain for the maturity of the mortgage note,or the event triggering maturity of the mortgage note, and that on maturity the receiver’smortgage loan will be payable in full and the mortgagee may then commence foreclosurewithout further notice. A notice pursuant to section 654.4B shall also be served by ordinaryor electronic mail on the owner of record of the property. The mortgagee shall not commenceforeclosure of the mortgage until sixty calendar days have passed since the date of serviceof a notice under this subsection. 85 Acts, ch 222, §3; 2019 Acts, ch 105, §7Referred to in §657A.4, 657A.10A, 657A.10B Sat Dec 23 12:22:48 2023 Iowa Code 2024, Section 657A.3 (16, 0)