Amendment H-8287 to HF 2359

Filed April 1, 2026 in the House by

Amends this HF 2359 to CONFORM to SF 2146

In plain words

AI summary This amendment replaces the entire bill and specifies that property owners are responsible for removing snow and ice and maintaining certain areas near public streets, but cities cannot fine them for failing to do so. It also allows cities to charge property owners for the costs of performing these tasks if the owner fails to act, provided the owner is given notice and a chance to appeal. Finally, the amendment makes these rules apply retroactively to June 13, 2024.¹

What it changes

1. By striking everything after the enacting clause and inserting: “Section
2. Section 364.12, subsection 2, paragraphs b, c, and e, Code 2026, are amended to read as follows: b. The abutting property owner is responsible for the removal of the natural accumulations of snow and ice from the sidewalks within a reasonable amount of time and may be liable for damages caused by the failure of the abutting property owner to use reasonable care in the removal of the snow or ice. If damages are to be awarded under this section against the abutting property owner, the claimant has the burden of proving the amount of the damages. To authorize recovery of more than a nominal amount, facts must exist and be shown by the evidence which that afford a reasonable basis for measuring the amount of the claimant’s actual damages, and the amount of actual damages shall not be determined by speculation, conjecture, or surmise. All legal or equitable defenses are available to the abutting property owner in an action brought pursuant to this paragraph. The city’s general duty under this subsection does not include a duty to remove natural accumulations of snow or ice from the sidewalks. However, when the city is the abutting property owner it has the specific duty of the abutting property owner set forth in this paragraph. A city shall not assess a fine against an abutting property owner for failure to comply with this paragraph. c. The abutting property owner may be required by ordinance to maintain all property outside the lot and property lines and inside the curb lines upon the public streets, except that the property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right-of-way. The abutting property owner may be liable for damages caused by the failure to use reasonable care in maintaining such property if required by ordinance. A city shall not assess a fine against an abutting property owner for failure to comply with this paragraph. e. If the abutting property owner does not perform an action required under this subsection within a reasonable time, a city may perform the required action and assess the material costs , direct labor costs, and an administrative fee not to exceed twenty dollars against the abutting property owner for collection in the same manner as a property tax. A city shall not assess a fine against an abutting property owner for failure to comply with paragraph “b” or “c” . A city shall not assess costs or fees under this paragraph unless the city has provided the abutting property owner with notice of the violation and an opportunity to appeal or demonstrate hardship pursuant to a process established by ordinance. This power paragraph does not relieve the abutting property owner of liability imposed under paragraph “b” or “c” . Sec.
3. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment. Sec.
4. RETROACTIVE APPLICABILITY. This Act applies retroactively to June 13,
5. ”
6. Title page, line 2, after “cities” by inserting “, prohibiting fines,”
7. Title page, line 3, after “date” by inserting “and retroactive applicability”

Official amendment (PDF) · In the Bill Book