Iowa Supreme Court sidewalk ruling may have impact here
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A recent ruling by the Iowa Supreme Court has resulted in some confusion about liability in cases involving accidents caused by uneven or snow-covered sidewalks.
And the Court’s ruling could have an impact on city governments in any Ringgold County towns with sidewalks.
Background
In reversing an earlier decision that held that cities could hold property owners liable for such accidents, the most recent ruling possibly provided for a degree of responsibility on the part of cities to ensure safe sidewalk standards.
In relation to responsibility for sidewalk maintenance, Iowa Code section 364.12(2)(d) states: “A city may serve notice on the abutting property owner, by certified mail to the property owner as shown by the records of the county auditor, requiring the abutting property owner to repair, replace, or reconstruct sidewalks.”
In writing the majority opinion in the recent Supreme Court ruling, Justice Matthew McDermott stated, in part, “The statute permits cities to require abutting landowners to repair sidewalks, but only if the city first notifies the landowners by certified mail that a repair is necessary.”
The Iowa Code statute states cities “may serve notice” but stops short of specifically mandating the serving of the notice to property owners.
Therein lies the confusion.
City sidewalk ordinances
City ordinances in both Mount Ayr and Diagonal dealing with sidewalk maintenance adhere closely with Iowa Code.
In Mount Ayr, City Ordinance 136.04 RESPONSIBILITY FOR MAINTENANCE states: “It is the responsibility of the abutting property owners to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street.”
In Diagonal, the wording of City Ordinance 136.04 PROPERTY OWNER’S RESPONSIBILITY FOR MAINTENANCE is nearly identical to that of the Mount Ayr ordinance, but it includes this additional provision: “The abutting property owner may be liable for damages caused by failure to maintain the sidewalk.” The Mount Ayr ordinance includes no such provision.
In both Mount Ayr and Diagonal, City Ordinance 136.05 CITY MAY ORDER REPAIRS use identical wording to outline the consequences if property owners fail to fulfill their obligations under 136.04: “If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if such action is not completed within the time stated in the notice, the Council may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax.”
Mount Ayr city administrator Brent Wise said to his knowledge the council has never implemented the provisions set forth in Ordinance 136.05.
Diagonal city clerk Julie Malcolm was uncertain if the Diagonal city council might revisit its ordinances pertaining to sidewalk maintenance in light of the recently completed city-wide sidewalk project.
Maintenance incentive
Worth noting, the City of Mount Ayr goes beyond Iowa Code in offering an incentive for property owners to upgrade their current broken sidewalks.
City Ordinance 136.19 SIDEWALK INCENTIVE PROGRAM states: “The repairing or replacing of existing sidewalks is believed to be a benefit to existing property owners and the following incentive program is hereby established.
1. The City will remove the existing sidewalk [at no charge].
2. The property owner shall replace the sidewalk in accordance with the provisions of this chapter.
3. Upon presentation of a copy of the contractor’s bill, the City will allow a twenty-five percent (25%) rebate on the expense of replacing the existing sidewalk with a maximum of $250.00 per lot.
4. The program is not available where a new home is being built and there is no existing sidewalk.
5. The Street Superintendent shall inspect and approve each project before it is accepted by the City for payment.”
Snow removal
Sidewalk maintenance, of course, does not stop with mending broken concrete.
The removal of snow and ice in a timely manner is also covered under both Mount Ayr and Diagonal city ordinances and Iowa Code.
Mount Ayr and Diagonal City Ordinance 136.03 REMOVAL OF SNOW, ICE AND ACCUMULATIONS includes the same provisions: “It is the responsibility of the abutting property owners to remove snow, ice and accumulations promptly from sidewalks. If a property owner does not remove snow, ice or accumulations within a reasonable time, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax.”
Again, Diagonal City Ordinance 136.03 includes the provision for potential liability of property owners whereas the Mount Ayr ordinance does not.
Iowa Code Code 364.12(2) includes the liability wording.
However, Mount Ayr and Diagonal city ordinances and Iowa Code all fail to define the term “reasonable time” to remove snow and ice accumulations.
