Senate File 2146 - Reprinted 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 SF 2146 (3) 91 ms/js/mb

S.F. 2146 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 35 -1- SF 2146 (3) 91 ms/js/mb 1/ 2

S.F. 2146 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. 16 -2- SF 2146 (3) 91 ms/js/mb 2/ 2