City facing court injunction

FORT MADISON – A Fort Madison resident has filed for judicial relief from her property being sold via tax sale this month.
Angela Salazar, the trustee of a trust that includes several properties in and around Fort Madison, has filed for injunctive relief to stop the county from including two of her properties in a tax sale that is scheduled to take place Monday, June 16, according to court records.
Salazar, through her attorney, Abbie Ann Liechty of New London, is claiming the City of Fort Madison has included her properties erroneously and has asked for ruling on the claim. The injunction, if granted, could stop the tax sale of her properties located at 3438 Avenue Q and 1714 35th Street.
The city code requires that all properties defined as vacant by code be registered with the city to assist in any criminal activities or neglect. The code also is meant to encourage use of buildings rather than sitting idle.
Salazar organized a meeting last year with her daughter Carmen Salazar where about 20 residents met with Mayor Matt Mohrfeld to discuss the issue.
Carmen Salazar is a former chairman of the city’s Planning and Zoning Commission.
According to City Code, a vacant building is defined as a building, or 50% or more of a building, as measured by total square footage of all floors above grade and including previously habitable below grade spaces that are unoccupied and meets one or more of the following conditions:
(1)   Records of the Lee County Recorder show the property is in lien foreclosure;
(2)   Windows or entrances to the building are boarded up or closed off, or one or more doors or windows are broken and unrepaired;
(3)   Doors to the building are damaged, smashed through, caved in, broken off, unhinged, or continuously unlocked;
(4)   The building is without gas, electric or water service;
(5)   Trash service has been discontinued;
(6)   Water service fails to use a minimum of 100 gallons per month;
(7)   Rubbish, trash, putrescible materials or debris has accumulated on the property;
(8)   Law enforcement agencies have received at least two reports of trespass, vandalism, or other illegal acts being committed on the property within 12 months;
(9)   The yards on the property exhibit grass, lawn, weeds, and other vegetation which are not maintained to a minimum as required by code or to the standards prevailing in the neighborhood; and;
 (10)   The structure meets any or all of the criteria which would support an action by the city under Iowa Code § 657A.10B to obtain title to the property.
There are several exemptions to the rule, including:
The following are exempt from the provisions of this section:
(1)   Property that is undergoing permitted active renovation or rehabilitation; 
(2)   Properties that are part of an estate that is in probate and are not subject to bankruptcy for a period of 12 months;
(3)   Properties that are publicly and in good faith being actively marketed as “for sale";
(4)   A building owned and occupied by persons who travel seasonally shall not be considered a vacant building; 
(5)   Properties constructed solely for the use of commercial warehouse/storage and located in a proper zoning district;
(6)   A building which has suffered substantial damage shall be exempt from registration for a period of 90 days from the date of substantial damage;
(7)   Properties which have active insurance/utility policies on all structures equaling the actual cash value of the property but cannot be less than the cost of demolition/debris removal and that have active and in use utilities of not less than two full registration cycles; and
(8)   Property owned by the city.
Salazar is contending that she is occupying the property on Avenue Q, and the other property is a garden shed. She claims the city recognized the 35th Street property as a shed, but isn’t removing it from the tax sale list.
Salazar claims in her suit that she’s had multiple exchanges with City Building Director Doug Krogmeier in 2022 just after the city passed the new vacant registry ordinance. She said the properties were erroneously listed on the tax listing, but they won’t pull the properties off until the intial fines are paid.
Her attorney also claims the city has violated due process regulations in dealing with property owners by not having an appeal process.
City officials have argued that there is a process by contacting City Manager Laura Liegois. Liegois said the city hadn’t been served with the injunction request and therefore couldn’t comment on the nature of filing.