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House passes HB322 after clarifying notice and lien procedures for municipal cleanups
Summary
The House adopted a third substitute to HB322, which narrows cleanup/abatement rules to municipalities, requires notice and itemized statements when municipalities act, and clarifies lien procedures; the bill passed 62–0 and will go to the Senate.
House members adopted a third substitute to House Bill 322 on March 11 that focuses on municipal authority to abate hazards and recover costs while adding procedural safeguards for property owners.
Representative Hutchings, sponsor of the substitute, said earlier drafts attempted to include counties but that operational differences made it impracticable; the third substitute therefore applies to municipalities only. The substitute requires municipalities to send an itemized written notice and, if they choose to perform cleanups, to provide an itemized statement to the owner of record. The text limits recovery of fees and interest to a percentage cap of the original cost to prevent excessive charges.
Several members pressed the sponsor about mandatory language. Representative Christiansen and others argued that the draft might inadvertently require municipalities to clean properties at municipal expense; Hutchings accepted friendly amendments changing an initial 'shall' to 'may' in the notice/cleanup trigger while adding clear obligations for itemized notice and billing when municipalities do act. Representatives also amended lien language to preserve property‑owner due process by striking language that would have created an expedited 'a lien for' construct and instead preserving certification and established collection mechanisms.
Following the amendments, the House passed the third substitute by voice roll call (recorded as 62 yes, 0 no). The bill will be transmitted to the Senate.
