[Vision2020] Snow Grouch

Mon Dec 29 18:06:45 PST 2008

Matt,

This is based on my experience (which varies greatly from the stories  
told by the city).

1. Moscow City Code Title 5, Chapter 9 states property owners shall  
clear all ice and snow off sidewalks within twenty-four hours after  
being given WRITTEN notice that they are in violation; this notice  
may be posted on the property. The City's process is to give a verbal  
warning (if possible) then to send a certified letter. Regardless of  
how notice is given, the city will not issue it until there is a  
complaint and it does not follow-up to ensure that the sidewalks has  
been cleared. Repeated complaints result in the complainant being  
accused of using the city to harass the property owner.

2. The city is well aware of the fact that--due to our climate-- 
packed snow will turn to ice which lingers for days. I have  
documented and presented to both the transportation commission and  
council data showing places where diamond-hard ice has lingered for  
20-30 days after the last snowfall.

3. The city does not ask or required that cars parked in the street  
be moved so the plows can move snow as close to the curb as possible.  
As a result, travel lanes are narrowed to the point of being  
unusable. This increases the likelihood of parked cars being hit.  
Worse, it may make it impossible for emergency vehicles to reach a  
fire or medical emergency. For example, on our street, the berms  
created by plowing occupy half the width of the street for about  
fifty feet at an intersection.  Parking is allowed and used on both  
sides in that area. There are times when my little Honda Civic is too  
wide to get through. An ambulance, fire truck, or even a police car  
will have to take an alternate route involving steep hills to get to  
the other end of the block. Time lost could be deadly.

I could go on but won't to save your eye (remind me to tell you the  
story of my first attempts at this issue). Basic bottom line is that  
the city is well aware of the impediments to travel which are imposed  
by their winter management of the public right-of-way, aware that  
people (and property) may be injured as a result, and has chosen not  
to solve the problems. The city is failing to fulfill its  
responsibility to the community. If someone is injured as a result,  
the city deserves to be sued.

Sometimes, people need a financial "incentive" to do the right thing.  
It is too bad we live in a world where the simple desire to not harm  
another and the accompanying sense of responsibility are not enough  
to make people do the right thing.

One last comment: The plows have been down my street at least six  
times since these storms began. The grader went by at 1:00 am last  
Wednesday. Those trips were wasted time and tax dollars as long as  
the street remains impassable.

Kit

On Dec 29, 2008, at 4:50 PM, Matt Decker wrote:

> Kit,
>
> I would like to discuss this topic more, but due to the inability  
> to keep my eye open(pink eye), I'll make it quick.
>
> What specific tasks has the city not fulfilled, ones that you deem  
> potentially sue worthy?
>
> Take care
> Matt
>
> > Date: Wed, 24 Dec 2008 21:01:43 -0800
> > From: kcraine at verizon.net
> > To: mattd2107 at hotmail.com
> > CC: vision2020 at moscow.com
> > Subject: Re: [Vision2020] Snow Grouch
> >
> > What happened was I got old and began to pay (body-wise) for all
> > those good ol' days when my ass bounced. I don't bounce no more--I
> > break. Long a go I outgrew out this baloney that I am responsible  
> for
> > avoiding damage caused by someone else's negligence (e.g. if you
> > don't want to be killed by a drunk driver, stay off the roads when
> > the bars close).
> >
> > I have a duty to exercise due care, but that does not absolve a
> > property owner's duty under the law (which is above and beyond  
> Moscow
> > city ordinances) to ensure the safety of pedestrians using the  
> public-
> > right-of-way across their property. The attitude that I should
> > "figure out how to walk" is a cop-out. Property owners are liable  
> for
> > injuries which are the result of the failure to clear ice and snow
> > off their sidewalks. They cannot avoid responsibility for their
> > negligence by blaming the one who was harmed.
> >
> > To attempt to do so is no different than telling a property owner
> > that if he/she doesn't want your dog's shit on their lawn, they
> > should clean it up. Your dog, your shit, your responsibility to
> > clean it up. Your sidewalk, your ice, your responsibility to  
> clean it
> > off. If you don't and someone is hurt, you pay the bills. If you
> > don't pay immediately, you deserve to be sued. If the city knowingly
> > allows preventable injuries on the public-right-of-way, it deserves
> > to be sued.
> >
> >
> > Kit Craine
> >
> >
> >
> >
> >
> > On Dec 23, 2008, at 7:52 PM, Matt Decker wrote:
> >
> > > Whatever happened to the good ol' days when you slipped on your  
> ass
> > > and you got back off, laughing it off? Now it's a lawsuit waiting
> > > to happen. Everywhere you look there is a lawsuit. Makes it scary
> > > to do anything now a days.
> > >
> > > I agree that all home owners should take care of their sidewalks,
> > > but don't agree that a lawsuit should follow, if the pedestrian
> > > can't figure how to walk.
> > >
> > > Should snow plowers be held responsible if they plow the snow as
> > > close as they can to your car and you fall when you are shoveling
> > > your car out?
> > >
> > >
> > > Matt
> > >
> > > PS Great job city o Moscow with the job at hand
> > >
> > > > Date: Mon, 22 Dec 2008 19:49:08 -0800
> > > > From: kcraine at verizon.net
> > > > To: bevbafus at verizon.net
> > > > CC: vision2020 at moscow.com
> > > > Subject: Re: [Vision2020] Snow Grouch
> > > >
> > > > Speaking as a person who not only drives a 1990 Honda Civic  
> but one
> > > > with all-weather tires (learned how to do that Anchorage with a
> > > > Renualt LeCar ), I agree with Bev (except for 4). I can go as
> > > long as
> > > > my tires touch occasionally and I'm at the "sweet-spot"  
> speed. I'm
> > > > stuck when some @@#$%%^$%&** in a big honkin', gas-guzzeling SUV
> > > > with all-wheel drive, studs- all-around decides --despite the  
> law--
> > > > that "yield right-of-way" applies to the smaller vehicle.
> > > >
> > > > One of the fundamental responsibilities of government is to  
> ensure
> > > > that the public can use their right-of-way (both streets and
> > > > sidewalks) safely and efficiently to go from point "A" to  
> point "B".
> > > > For decades, the City of Moscow has taken pride in failing that
> > > duty.
> > > > I can't count the times I've suggested improvements to the  
> plowing
> > > > system only to be told that I need to "accept responsibility"  
> for my
> > > > own transportation (i.e. run a a big honkin', gas-guzzeling  
> SUV with
> > > > all-wheel drive, studs- all-around or stay off the streets)  
> rather
> > > > than demanding that the nanny government take care of me by  
> actually
> > > > plowing the streets. I've fought for years to get the city to
> > > enforce
> > > > the ordinance which makes properly owners responsible for  
> clearing
> > > > their sidewalks are clear of ice and snow. Same answer. I should
> > > > "accept responsibility for my safety" by either wearing Yak- 
> Traks or
> > > > staying off icy areas (i.e. walk in the traffic lanes) so as to
> > > avoid
> > > > harm caused by the property owner's negligence.
> > > >
> > > > In other words, the city has dumped their responsibility for
> > > traffic/
> > > > pedestrian safety on the users of the public right-of-way. After
> > > > banging my head against this for years, I've come to the  
> realization
> > > > that the only solution to the city's failure to clear the  
> streets
> > > > and sidewalks is to have each and every person who suffers  
> harm as a
> > > > result --SUE the city for mega-bucks.
> > > >
> > > > I am saying nothing against the hard-working people who drive  
> the
> > > > plows. They do an awesome job involving long hours. My  
> criticism is
> > > > to the managers who tell those workers to not leave a berm as  
> they
> > > > carefully go around parked cars rather than telling the  
> owners to
> > > > move their vehicles. Citizen participation in snow removal  
> should
> > > > involve helping the city, not having to run a big honkin', gas-
> > > > guzzeling SUV with all-wheel drive, studs-all-around in order  
> to get
> > > > around.
> > > >
> > > > Kit Craine
> > > >
> > > > P.S. To the idiot who pulled out of the Co-op parking lot  
> into my
> > > > path at about 1:50 pm on the 21st as I was swimming my Civic  
> through
> > > > the berm doing a left turn into the lot: you deserved to be  
> flipped
> > > > off and the curses I laid on your head. By law, you were  
> required to
> > > > yield me the right-of-way. That means you stop and wait until I
> > > > complete my maneuver. The fact your vehicle was bigger than  
> mine is
> > > > inmaterial.
> > > >
> > > >
> > > >
> > > >
> > > >
> > > > On Dec 22, 2008, at 4:02 PM, bevbafus at verizon.net wrote:
> > > >
> > > > > From a confirmed snow grouch, my top 5 reasons to hate snow in
> > > > > Moscow:
> > > > >
> > > > > 5. *&%&$*#&$ Berms
> > > > > 4. Physics-challenged people driving Honda Civics and Ford  
> Focuses
> > > > > who
> > > > > think they can drive over the *#&$$# berms.
> > > > > 3. People who think that because of berms, driving laws are
> > > > > suspended,
> > > > > and they can turn from the left lane on Jackson right onto 3rd
> > > or 6th.
> > > > > 2. Landowners along all the major highways within Moscow  
> who don't
> > > > > clean their *#$&*$& sidewalks. Especially along north 95, and
> > > south
> > > > > 95.
> > > > > People are walking IN THE HIGHWAYS AGAIN FOR CRYING OUT  
> LOUD!!!
> > > > > (these
> > > > > landowners include the State of Idaho and the City of Moscow)
> > > > > 1. And coming in at NUMBER ONE: There is a right turn lane on
> > > > > Highway
> > > > > 95 near Pintail Lane, people. I am IN MY LANE. I HAVE MY TURN
> > > SIGNAL
> > > > > ON. Just because you are in the RUTS does not mean you need to
> > > lay on
> > > > > your horn. YOU ARE NOT IN YOUR LANE.
> > > > >
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> > > > > mailto:Vision2020 at moscow.com
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