08/30/2023
Sac City Planning & Zoning acts on property at 304 Audubon Street.
Sac City, Iowa - August 24, 2023 - The work of the Sac City Planning & Zoning Commission , and in particular our work addressing dilapidated and nuisance properties directly contributes to increased tax revenue for the City of Sac City. This action is funded by the Sac City Planning & Zoning Commission. There are 56 homes on our current abatement list. If we were to demolish all of the houses on our current abatement list today, it would cost approximately $625,000.00. The Sac City Planning and Zoning Commission is always accepting donations through the Sac Community Foundation at https://saccity.city/sac-community-foundation/.
On the recommendation of the Sac City Planning & Zoning Commission, the City of Sac City, Iowa, has taken legal action to address a concerning situation regarding a property located at 304 Audubon Street. In an official filing at the Iowa District Court for Sac County, the city has initiated a petition to obtain title to the abandoned property due to safety concerns and potential violations.
The property in question, legally defined as the south eighty-two (82) feet of lot five (5), block twenty (20), original town of Sac City, Sac County, Iowa, has raised alarms due to its condition. A building on the premises has been labeled a nuisance and a possible safety hazard, prompting the city's intervention.
Key aspects of the lawsuit include:
Abandoned Property and Safety Concerns: The property owners, Aletha Maddaford (also known as Aletha Kester) and Jason Maddaford, have been cited for violations of Sac City Municipal Code 145.03. The property is believed to have been abandoned by the owners.
Legal Basis: The city's legal move is grounded in pertinent Iowa Codes, including Section 657A.2, 657A.10B, and 657A.2(3). These codes empower the court to issue injunctions or orders in cases where abandoned properties pose safety threats.
Injunction for Safety and Resolution: The city is seeking a temporary and permanent injunction to rectify the hazardous situation. The court is expected to conduct a hearing within 20 days of an application for an injunction, providing an opportunity for the owners to address the concerns.
Potential Remedies: If the court determines that the building is abandoned and poses safety risks, it can mandate the owners to rectify the conditions or eliminate code violations. The city is also requesting that the court consider appointing a receiver to potentially demolish the property if the owners fail to comply.
Financial Implications: The court is also tasked with assessing the cost of abatement and potentially ordering the demolition of the building if deemed necessary.
Additional Parties: The lawsuit also names other parties with potential interests in the property, including the City of Sac City, Iowa, and Jefferson Capital Systems, LLC, based on past judgments.
The City of Sac City's legal counsel, represented by the Law Offices of Redenbaugh & Mohr, P.C., is pushing for equitable and safe resolution. The outcome of this case will significantly impact the property's future and the broader community's well-being.