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Senate
File
2146
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SENATE
FILE
2146
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
SSB
1118)
(As
Amended
and
Passed
by
the
Senate
March
2,
2026
)
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
and
retroactive
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
364.12,
subsection
2,
paragraphs
b,
c,
1
and
e,
Code
2026,
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
claimant’s
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
city’s
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
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city
may
perform
the
required
action
and
assess
the
material
1
costs
,
direct
labor
costs,
and
an
administrative
fee
not
to
2
exceed
twenty
dollars
against
the
abutting
property
owner
3
for
collection
in
the
same
manner
as
a
property
tax.
A
city
4
shall
not
assess
a
fine
against
an
abutting
property
owner
5
for
failure
to
comply
with
paragraph
“b”
or
“c”
.
A
city
shall
6
not
assess
costs
or
fees
under
this
paragraph
unless
the
city
7
has
provided
the
abutting
property
owner
with
notice
of
the
8
violation
and
an
opportunity
to
appeal
or
demonstrate
hardship
9
pursuant
to
a
process
established
by
ordinance.
This
power
10
paragraph
does
not
relieve
the
abutting
property
owner
of
11
liability
imposed
under
paragraph
“b”
or
“c”
.
12
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
13
importance,
takes
effect
upon
enactment.
14
Sec.
3.
RETROACTIVE
APPLICABILITY.
This
Act
applies
15
retroactively
to
June
13,
2024.
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