Senate Study Bill 1118 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WEBSTER) A BILL FOR An Act relating to the responsibility and liability of property 1 owners for public places in cities, prohibiting fines, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2119XC (4) 91 ll/js
S.F. _____ Section 1. Section 364.12, subsection 2, paragraphs b, c, 1 and e, Code 2025, are amended to read as follows: 2 b. The abutting property owner is responsible for the 3 removal of the natural accumulations of snow and ice from the 4 sidewalks within a reasonable amount of time and may be liable 5 for damages caused by the failure of the abutting property 6 owner to use reasonable care in the removal of the snow or ice. 7 If damages are to be awarded under this section against the 8 abutting property owner, the claimant has the burden of proving 9 the amount of the damages. To authorize recovery of more than 10 a nominal amount, facts must exist and be shown by the evidence 11 which that afford a reasonable basis for measuring the amount 12 of the claimants actual damages, and the amount of actual 13 damages shall not be determined by speculation, conjecture, 14 or surmise. All legal or equitable defenses are available to 15 the abutting property owner in an action brought pursuant to 16 this paragraph. The citys general duty under this subsection 17 does not include a duty to remove natural accumulations of 18 snow or ice from the sidewalks. However, when the city is 19 the abutting property owner it has the specific duty of the 20 abutting property owner set forth in this paragraph. A city 21 shall not assess a fine against an abutting property owner for 22 failure to comply with this paragraph. 23 c. The abutting property owner may be required by ordinance 24 to maintain all property outside the lot and property lines and 25 inside the curb lines upon the public streets, except that the 26 property owner shall not be required to remove diseased trees 27 or dead wood on the publicly owned property or right-of-way. 28 The abutting property owner may be liable for damages caused by 29 the failure to use reasonable care in maintaining such property 30 if required by ordinance. A city shall not assess a fine 31 against an abutting property owner for failure to comply with 32 this paragraph. 33 e. If the abutting property owner does not perform an action 34 required under this subsection within a reasonable time, a city 35 -1- LSB 2119XC (4) 91 ll/js 1/ 2
S.F. _____ may perform the required action and assess only the material 1 and direct labor costs associated with a violation of paragraph 2 b or c against the abutting property for collection in 3 the same manner as a property tax. The city shall not assess 4 additional fines when assessing the costs against the abutting 5 property owner. This power does not relieve the abutting 6 property owner of liability imposed under paragraph b . 7 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 8 importance, takes effect upon enactment. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanations substance by the members of the general assembly. 12 This bill relates to the responsibility and liability of an 13 abutting property owner for public places in a city such as 14 sidewalks. Under current law, an abutting property owner may 15 be required by a city ordinance to remove natural accumulations 16 of snow and ice within a reasonable time and maintain public 17 sidewalks or other property between the property line and the 18 curb line. The bill adds that an abutting property owner may 19 be liable if the property owner fails to use reasonable care in 20 maintaining sidewalks or other property between the property 21 line and the curb line if required by a city ordinance. The 22 bill prohibits a city from assessing a fine against an abutting 23 property owner for failure to remove snow and ice from the 24 sidewalks within a reasonable amount of time and for failure to 25 maintain all property from the property line to the curb. 26 Under current law, if the abutting property owner does not 27 perform an action required under Code section 364.12(2), within 28 a reasonable time, a city may perform the required action and 29 assess the costs against the abutting property for collection 30 in the same manner as a property tax. The bill provides that a 31 city may assess only material and direct labor costs against 32 the abutting property owner if the city performs an action 33 required under Code section 364.12(2)(b) or (c). 34 The bill takes effect upon enactment. 35 -2- LSB 2119XC (4) 91 ll/js 2/ 2