Iowa Statewide Rule
Iowa Authorizes Sidewalk Snow Removal Ordinances
Key Facts
- Primary Statute
- Iowa Code 364.12
- Owner Duty
- Reasonable time removal
- City Tort Immunity
- Iowa Code 668.10
- Owner Liability
- Personal injury damages
- City Remedy
- Remove at owner cost
Summary
Iowa Code section 364.12 universally authorizes cities to require abutting property owners to remove snow, ice, and accumulations from sidewalks. The statute creates statewide tort liability protection for cities meeting its terms.
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 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.
Full Breakdown
Iowa Code 364.12(2)(b) makes abutting property owners responsible for removing snow, ice, and accumulations from public sidewalks within a reasonable time. The statute also makes property owners liable for damages caused by failure to remove. Cities may pass ordinances setting specific removal deadlines (commonly 24-48 hours) and may perform removal at the owner's expense if the owner fails to comply. Iowa Code 668.10 limits municipal tort liability for snow and ice on public sidewalks, providing immunity for cities that have not affirmatively assumed maintenance responsibility. This framework applies statewide and supersedes contrary local arrangements.
Violations & Penalties
Failure to clear sidewalks may result in city assessment of removal costs against the property and civil liability for injuries to pedestrians.
Frequently Asked Questions
Are Iowa property owners liable for sidewalk slip-and-fall injuries?
Can a city charge homeowners for sidewalk snow removal?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.