99.879. Abandoned property report on suitability for rehabilitation or construction, duties of building official, notice to owners--hearing--right of owner to contest--decision, procedure--eminent dom
Abandoned property report on suitability for rehabilitation orconstruction, duties of building official, notice toowners--hearing--right of owner to contest--decision,procedure--eminent domain action, when.
99.879. 1. In any municipality adopting an ordinancepursuant to section 99.877, the building official shall certifyto the urban homesteading agency all properties which areabandoned, together with a statement as to which structures aresuitable for rehabilitation, and all municipally owned propertieswhich are vacant, together with a statement as to whichproperties are suitable for construction. At least quarterlythereafter the building official shall certify to the urbanhomesteading agency any changes in the number or condition of theabandoned properties or the vacant municipally owned properties.
2. Upon receipt of the list of the abandoned propertiespursuant to subsection 1 of this section, the urban homesteadingagency shall serve notice to each owner of such properties bymailing to the owner by certified mail to the last known addressof such owner, or, in the case of the owner who cannot beidentified or whose address is unknown, by publishing a copy ofsuch notice in a newspaper having general circulation in themunicipality, stating such property has been determined to beabandoned and setting a date for a hearing before the urbanhomesteading agency, or any hearing examiner appointed by theurban homesteading agency, for the purpose of determining whetherthe owner is willing and able to rehabilitate or demolish thevacant structure on such abandoned property within a reasonabletime. At such hearing the owner may contest the designation ofsuch property as abandoned. A decision rendered by a hearingexaminer after such hearing shall be in writing and shall befiled with the urban homesteading agency for its final decision.All decisions of the urban homesteading agency shall be inwriting and shall be mailed, by certified mail, return receiptrequested, to each owner and to all parties to the proceedings.A decision of the urban homesteading agency may be appealed byfiling an action in circuit court within thirty days afternotification of the decision is received.
3. In the event that an owner fails to appear, eitherpersonally or by an attorney, on the date set for the hearing orany adjourned date of such hearing, or in the event the urbanhomesteading agency, after holding the hearing pursuant tosubsection 2 of this section, determines that the owner of suchproperty is not willing or able to rehabilitate or demolish suchproperty within a reasonable time, the urban homesteading agencymay recommend to the governing body of the municipality that theurban homesteading agency be authorized to acquire the property,either by purchase of the property, free and clear of any liens,for an amount not in excess of fair market value of the land andany improvements thereon as determined by the urban homesteadingagency, or by eminent domain, provided all eminent domainproceedings instituted under this section shall be undertaken bythe urban homesteading agency in the same manner as provided bylaw for condemnation proceedings by the municipality, and titleto all property acquired pursuant to this subsection shall beheld in the name of the municipality; or the building officialthat he order the structure demolished; or the tax collector, ifany liens for real property taxes are due to the municipalityagainst the abandoned property, that he institute tax foreclosureproceedings as provided by law.
4. Notwithstanding any other provision of this section, anurban homesteading agency may, at any time, with the concurrenceof the governing body of the city, accept free and clear title toan abandoned property upon which exists a structure deemedrehabilitable by a building official for such consideration notin excess of fair market value of the land and any improvementson such land as determined by the urban homesteading agency.
(L. 1992 H.B. 1434 & 1490 § 4)