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Supervisors press owners of dilapidated Third Street property as county readies 657A action
Summary
Board heard an extended work‑session update on two long‑running nuisance properties. Staff reported cleanup at one site but said the Third Street property may be subject to condemnation under Iowa Code 657A if contractors retained by owners do not complete credible restoration by a short deadline.
The Black Hawk County Board of Supervisors spent the bulk of its June 2 work session on two long‑running nuisance properties, telling staff they want a clearer path to end chronic blight while allowing legitimate restoration efforts to proceed.
County counsel Mike Hendrickson said the county has issued notices and could file a 657A action — a court process under Iowa law for abandoned property — if owners fail to remediate. "If nobody responds," Hendrickson said, "the court can place an ultimate judgment and that's the next step." He cautioned that active, credible restoration efforts from an owner or contractor can weaken an abandonment claim and make a 657A filing less likely to succeed.
Staff described the Sunnyside site as much improved after cleanup but said fixtures (two small sheds, a deck and similar items) remain on county property and may need removal. County engineer and staff said those items have been flagged for follow‑up removal if the owner does not act.
The more complicated case involves a Third Street property that passed through tax sale and is now held by an LLC. Staff told supervisors that family members engaged a contractor who told county staff he ‘‘thinks he can restore this’’ but could not commit to completing work within the 60‑day window the county set in a notice. "We want assurances from the contractor that he's going to get paid and will finish the project," staff said, noting the risk that a partially completed restoration could stall and leave the county back at square one.
Hendrickson urged staff to complete title research and to document any good‑faith efforts by owners or contractors before seeking court relief. "You want to show good faith," he said, because courts weigh attempts to repair against claims of abandonment. Supervisors asked staff to get written commitments and timelines from the contractor and to return with an update; they signaled they would authorize a 657A filing if restoration was not demonstrably underway after the county's notice period.
The board directed staff to continue engagement, prepare title and procedural work necessary for a 657A filing if needed, and bring back a status report ahead of the county's set follow‑up date.
The meeting closed with supervisors saying the county should prefer voluntary remediation where feasible but must be prepared to pursue court action to protect public health and safety if owners do not act.
