2014 Iowa Code
TITLE III - PUBLIC SERVICES AND REGULATION
SUBTITLE 6 - BUILDING CODES
CHAPTER 103A - STATE BUILDING CODE
SECTION 103A.18 - Court proceedings.

103A.18  Court proceedings.

Judicial review of action of the commissioner, board of review, or council may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.  Notwithstanding the terms of said Act:

1.  Filing of a petition for judicial review shall stay all proceedings on the matter with respect to which review is sought unless there is a showing by the state agency or a local building department that a stay would involve imminent peril to life or property.

2.  No court shall entertain an action based on the state building code unless all administrative remedies have been exhausted, except:

a.  When the action is instituted by the state or a governmental subdivision; or

b.  When there is good cause for the failure to exhaust administrative remedies.

3.  Subject to subsection 1 of this section, where the construction of a building or structure or use of a building is in violation of any code provision or lawful order of a local building department, the district court may on petition order removal of the building, abatement as a public nuisance, or enjoin further construction.

4.  Petitions for judicial review may be filed in the county where the cause of action or some part thereof arose.

[C73, 75, 77, 79, 81, §103A.18]

2003 Acts, ch 44, §114