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. Section History: Early Form
[C73, 75, 77, 79, 81, § 103A.18] Section History: Recent Form
2003 Acts, ch 44, §114