Beth A. Madden v. City of Iowa City

I respectfully dissent. As I read Iowa Code section 364.12(2), it requires cities to keep sidewalks in good repair except to the extent the city has served notice of a needed repair on the abutting property owner, and even then the property owner’s liability is limited to the cost of repair. See Iowa Code § 364.12(2) (2009). Iowa City’s ordinance is an effort by the City to alter this statutory division of responsibility between city and property owner. Simply stated, the City wants the property owner to do more to maintain City-owned sidewalks, so that the City may do less. This conflicts…