Cityscape, December 2004
Q: What are the requirements for removal of snow and ice from sidewalks?
A: The Code of Iowa Section 364.12(2)(b) states that the abutting property owner is responsible for the removal of natural accumulations of snow and ice from the sidewalks within a reasonable 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. Most city ordinances mirror these provisions, but provide definition or guidance on what is considered reasonable. For example, many cities provide that the sidewalks must be clear of accumulations within 48 hours or 72 hours. Some even require that the accumulation be cleared from the entire sidewalk surface, as opposed to a mere shovel width. Most ordinances provide that if the adjacent property owner fails to remove the snow and ice in the time required, the city may do so and assess the cost in the same manner as a property tax. For cities, this same Code section states that the city's general duty does not include the removal of natural accumulations of snow and ice from the sidewalks. However, when the city is the abutting property owner, it has the specific duty to remove the snow and ice accumulations as any abutting property owner.
Q: The city has areas that do not currently have sidewalks. Can the city require property owners to install sidewalks?
A: Yes, many cities have an ordinance that gives the city the authority to require the installation of sidewalks following proper notice. Many cities also require the installation of sidewalks for new construction. Cities also have the authority, usually under their nuisance ordinance, to require the maintenance and repair of existing sidewalks. As a practical matter, a good approach to handing sidewalk issues is to develop a sidewalk program that addresses such issues as installation, maintenance and funding. A long-term plan can be developed that ensures ongoing inspection of existing sidewalks and requirements for installation of new sidewalks. Such a program can be funded by the city, by the property owner directly or by the property owner through special assessment of the cost on their property taxes. Cities can also use Road Use Tax Funds where the sidewalk is part of a total rebuild of the street or a new street if the project is at least one block long and the sidewalks are not assessed against the abutting property owner.
Q: What about other maintenance, such as mowing the area between the sidewalk and the street?
A: Cities may require property owners to maintain the right-of-way. Code Section 364.12(2)(c) states that 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. In order to enforce this provision, the city needs to establish the requirements by ordinance. Under most city ordinances, the property owner has the responsibility for keeping the sidewalk safe and in a hazard-free condition. This also includes mowing and maintaining that portion of property between the sidewalk and the street curb.
Q: Can the city require the adjacent property owner to remove trees that are located in this public area?
A: No, under Code Section 364.12(2)(c) the property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right of way. Many cities find that existing trees located in the city right of way are an annual financial burden. For this reason, many cities have chosen to adopt a tree ordinance that specifically prohibits planting trees in the right of way, thus avoiding future liabilities. While the city cannot require the adjacent property owner to remove the dead or diseased tree, the city has options for addressing the cost of their removal.
Because of the liability issues relating to the maintenance of public places, cities are urged to consult with their city attorney or liability insurance carrier if they have specific questions or concerns. In addition, cities should consult with bond counsel or their financial advisers before proceeding with the issuance of debt or a special assessment project relating to the removal of trees.
Samples of sidewalk regulation and tree ordinances are available by contacting the League at (515) 244-7282 or by email mbrsvcs@iowaleague.org.