(A) It shall be a municipal infraction for any real estate owner who is the defendant in any municipal infraction action under any section of this code, including but not limited to Chapters 90, 150, 154, 155, 155A or under Iowa Code § 657A10B, if said property is listed on the lis pendens list with the Clerk of the Clinton County District Court, which action relates to the alleged unlawful condition of the property to be sold, to sell said property while any such action is pending, or until any court order arising out of the same is lawfully satisfied by order of the Clinton County District Court. However, this section shall not prevent the sale of said property if:
(1) The owner contacts the Community Development Director of the city, or designee, and requests the city release its rights under Iowa Code Ch. 617.11(1) pertaining to said property; and
(2) The owner, having secured said release, provides as a part of any purchase agreement, as a term or condition of the same, the entirety of the applicable court order with the following language included: “Pursuant to Iowa Code § 617.14, BUYER understands and agrees BUYER shall be subject to the Court Order made a part of this agreement as Exhibit A, to the same extent as if BUYER had been a party to the action which led to the Court Order;” and
(3) The owner confirms in writing to the Community Development Director or designee that the court order has been made part of the purchase agreement.
(B) The general penalty under § 10.99(B)(3) shall apply to violations of this section.
(Ord. 2750, passed 7-0-2024) Penalty, see § 10.99
Statutory reference:
Similar provisions, see Iowa Code §§ 617.11 and 617.14