House File 2359 H-8287 Amend House File 2359 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 364.12, subsection 2, paragraphs b, c, 4 and e, Code 2026, are amended to read as follows: 5 b. The abutting property owner is responsible for the 6 removal of the natural accumulations of snow and ice from the 7 sidewalks within a reasonable amount of time and may be liable 8 for damages caused by the failure of the abutting property 9 owner to use reasonable care in the removal of the snow or ice. 10 If damages are to be awarded under this section against the 11 abutting property owner, the claimant has the burden of proving 12 the amount of the damages. To authorize recovery of more than 13 a nominal amount, facts must exist and be shown by the evidence 14 which that afford a reasonable basis for measuring the amount 15 of the claimant’s actual damages, and the amount of actual 16 damages shall not be determined by speculation, conjecture, 17 or surmise. All legal or equitable defenses are available to 18 the abutting property owner in an action brought pursuant to 19 this paragraph. The city’s general duty under this subsection 20 does not include a duty to remove natural accumulations of 21 snow or ice from the sidewalks. However, when the city is 22 the abutting property owner it has the specific duty of the 23 abutting property owner set forth in this paragraph. A city 24 shall not assess a fine against an abutting property owner for 25 failure to comply with this paragraph. 26 c. The abutting property owner may be required by ordinance 27 to maintain all property outside the lot and property lines and 28 inside the curb lines upon the public streets, except that the 29 property owner shall not be required to remove diseased trees 30 or dead wood on the publicly owned property or right-of-way. 31 The abutting property owner may be liable for damages caused by 32 the failure to use reasonable care in maintaining such property 33 if required by ordinance. A city shall not assess a fine 34 against an abutting property owner for failure to comply with 35 -1- HF 2359.3768 (1) 91 (amending this HF 2359 to CONFORM to SF 2146) ms/js 1/ 2 #1.

this paragraph. 1 e. If the abutting property owner does not perform an action 2 required under this subsection within a reasonable time, a 3 city may perform the required action and assess the material 4 costs , direct labor costs, and an administrative fee not to 5 exceed twenty dollars against the abutting property owner 6 for collection in the same manner as a property tax. A city 7 shall not assess a fine against an abutting property owner 8 for failure to comply with paragraph “b” or “c” . A city shall 9 not assess costs or fees under this paragraph unless the city 10 has provided the abutting property owner with notice of the 11 violation and an opportunity to appeal or demonstrate hardship 12 pursuant to a process established by ordinance. This power 13 paragraph does not relieve the abutting property owner of 14 liability imposed under paragraph “b” or “c” . 15 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 16 importance, takes effect upon enactment. 17 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies 18 retroactively to June 13, 2024. > 19 2. Title page, line 2, after < cities > by inserting < , 20 prohibiting fines, > 21 3. Title page, line 3, after < date > by inserting < and 22 retroactive applicability > 23 ______________________________ GUSTOFF of Polk -2- HF 2359.3768 (1) 91 (amending this HF 2359 to CONFORM to SF 2146) ms/js 2/ 2 #2. #3.