Iowa Admin. Code r. 61-33.2 - Maintenance and storage of property during pendency of proceedings
The seizing agency that initiates a seizure for forfeiture must arrange for and pay costs associated with the proper care of property seized for forfeiture within the following guidelines:
(1)
Motor vehicles.
a. Motor vehicles must be stored in a manner
which will minimize deterioration due to lack of operation and
maintenance.
b. The use of
commercial towing and storage facilities is at the expense of the seizing
agency. The department will not assume responsibility for such fees, whether
before or after forfeiture, unless the department decides to retain ownership
of the vehicle for its use instead of transferring title to the seizing
agency.
(2)
Cash. Where possible, a seizing agency should, in cooperation
with the prosecuting attorney, secure a court order authorizing cash to be
deposited in an interest-bearing account. The department will not claim any
interest in income derived from such account, but the interest must be
accounted for as provided by these rules.
(3)
Real property.
a. Unoccupied structures of value must be
equipped with alarm systems or otherwise safeguarded to protect them from
unlawful entry and damage by fire. The seizing agency should consider the value
of the property, the condition of existing gates and locks, and the potential
threat to public safety when determining whether alarm systems or other
safeguards are appropriate.
b. Real
property that complies with local and state building and housing code standards
at the time of seizure must be maintained to local and state building and
housing code standards as well as to the standard of neighboring properties,
including mowing and removal of snow as necessary. Seized property that does
not comply with code standards at the time of seizure must not be allowed to
degrade and should be maintained in a condition that does not present a threat
to public safety.
(4)
Other property. Property other than listed above shall be
cared for as appropriate, giving due consideration to the nature of the
property.
Notes
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