Iowa Administrative Code › Agency 261 - Economic Development Authority › Part III - Community Development Division › Chapter 22 - Nuisance Property and Abandoned Building Remediation Assistance › Rule 261-22.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter unless the context otherwise
				  requires:
"Abandoned building"
or
"abandonment"
means a building that meets either of the
				  following:
1. In the case of a building located within a city's limits,
				  a building that has remained vacant and has been in violation of the housing
				  code or building code of the city for a period of six consecutive
				  months.
2. In the case of a building located outside a city's limits,
				  a building that has remained vacant and has been in violation of the housing
				  code or building code applicable in the county in which the building is located
				  for a period of six consecutive months.
"Agreement"
means a contract for financial
				  assistance under the program describing the terms on which the financial
				  assistance is to be provided.
"Applicant"
means a city applying for
				  financial assistance under the program.
"Authority"
means the economic development
				  authority created in Iowa Code section
				  15105..
"Building"
means a structure located in a
				  city, or outside the limits of a city in a county, that is either:
1. Used or intended to be used for commercial or industrial
				  purposes; or
2. Used or intended to be used for residential purposes.
				  "Building" includes structures in which some floors may be used for retail
				  stores, shops, salesrooms, markets, or similar commercial uses, or for offices,
				  banks, civic administration activities, professional services, or similar
				  business or civic uses, and other floors are used, designed, or intended to be
				  used for residential purposes.
"Costs directly related"
means expenditures
				  that are incurred for acquisition, demolition, disposal, redevelopment, or
				  rehabilitation of a project to the extent that they are attributable directly
				  to the remediation or redevelopment of the property or its improvements. "Costs
				  directly related" includes expenditures for site preparation work, surveying,
				  construction materials, construction labor, architectural services, engineering
				  services, building permits, building inspection fees, and interest accrued on a
				  construction loan during the time period allowed for project completion under
				  an agreement entered into pursuant to the program. "Costs directly related"
				  does not include expenditures for furnishings, appliances, accounting services,
				  legal services, loan origination and other financing costs, syndication fees
				  and related costs, developer fees, or the costs associated with selling or
				  renting the dwelling units whether incurred before or after completion of the
				  housing project.
"Director "
means the director of the
				  authority.
"Financial assistance "
means a loan or
				  forgivable loan made by the authority to an applicant approved for funding
				  under the program.
"Low- or moderate-income household"
means a
				  household earning 80 percent or less of the applicable area median income, as
				  determined by the U.S. Department of Housing and Urban Development.
"Nuisance property "
means a building,
				  structure, or other real estate that is, or is likely to become, a public
				  nuisance.
"Program"
means the procedures, agreement,
				  terms, and assistance established and provided pursuant to this chapter.
"Project"
means a proposed plan for the
				  remediation or redevelopment of nuisance and abandoned properties in a city.
				  "Project" may include properties at multiple sites and locations, whether
				  contiguous or not, as long as all properties to be remediated or redeveloped
				  are included in the proposed plan upon application and as long as the proposed
				  plan demonstrates the steps and actions necessary to further remediation and
				  redevelopment efforts in a comprehensive and coordinated manner.
"Public nuisance "
means a building that is
				  a menace to the public health, welfare, or safety, or that is structurally
				  unsafe, unsanitary, or not provided with adequate safe egress, or that
				  constitutes a fire hazard, or is otherwise dangerous to human life, or that in
				  relation to the existing use constitutes a hazard to the public health,
				  welfare, or safety by reason of inadequate maintenance, dilapidation,
				  obsolescence, or abandonment. "Public nuisance" includes buildings with
				  blighting characteristics as defined by Iowa Code section
				  4032..
"Redevelopment"
means development activities
				  associated with a project that are undertaken either for the purpose of
				  remediating nuisance or abandoned properties, for constructing new buildings or
				  improvements at a site where formerly existing buildings have been demolished,
				  or for rehabilitating, reusing or repurposing existing buildings or
				  improvements at a project site. "Redevelopment" typically includes projects
				  that result in the elimination of blighting characteristics as defined by Iowa
				  Code section
				  4032..
"Remediation "
or
"remediating
				  "
means the demolition, disposal, removal, repair, improvement, or
				  rehabilitation of nuisance property or abandoned buildings at a site included
				  in a project.