[Vision2020] Snow on sidewalks .. the good news and the bad news...

Mon Jan 21 20:25:03 PST 2008

Sunil writes,

  "I'm not sure how we go about imposing a duty on a specific tenant when there are multiple tenants in a building."

  I think the owner of the building, unless other wise written in the contract, is responsible for the removal of snow, just like they are responsible for other common areas, clean up, lawn maintenance, etc. 

  I have this problem where I live. The property management company that is suppose to take care of our yard, snow, and commons, does a pretty lousy job, and I have never seen them remove the snow, ever. 

  Best Regards,

  Donovan

Sunil Ramalingam <sunilramalingam at hotmail.com> wrote:
      .hmmessage P  {  margin:0px;  padding:0px  }  body.hmmessage  {  FONT-SIZE: 10pt;  FONT-FAMILY:Tahoma  }    Janesta,

I would much rather see an improved snow-removal ordinance than another noise ordinance.  The concerns you state go directly to the issue of safety.  

Looking at the Coeur d'Alene ordinance, I guess I have some concerns about where duty lies in the case of shared buildings.  My office is in the old Mykelbust (sp?) building, and on snowy mornings I might not make it there before 9, since I'm shoveling my own sidewalk and getting my kids to school.  Some morning I'm the first building tenant there, and on other mornings someone else gets there first.  I do shovel the sidewalk if it hasn't been done, but I don't go all the way down to the corner of Third and Main.  I'm not sure how we go about imposing a duty on a specific tenant when there are multiple tenants in a building.

Sunil

---------------------------------
  Date: Mon, 21 Jan 2008 18:21:31 -0800
From: janesta at gmail.com
To: vision2020 at moscow.com
Subject: [Vision2020] Snow on sidewalks .. the good news and the bad news...

  You know the old saying... Do you want the bad news, or good news first?

  The good news
I want to compliment the City of Moscow and Palouse Clearwater Environmental Institute in creating the "Snow Patrol". It is fantastic to witness the care and concern put forth for community members who are unable to clear their sidewalk due to age, or disability. GOOD JOB!!! If you need assistance, call 882-1444, and ask for Courtney Rush, or click on this link... http://pcei.org/VolunteerSnow.htm . Regardless if it is snow removal, supplying food shelters with fresh produce, or caring for our environment, PCEI is there. Thank you so much! 
Now, for the bad news. It always seems to be kind of long, doesn't it?
Attempting to walk and shop downtown is a risky feat if you are healthy. Imagine if you are disabled, or elderly? A person using a wheelchair can't even GO downtown this time of year! There are many of us with hidden disabilities who must use extreme caution as well . 
When my knees were replaced eight years ago, I was advised by my orthopedic surgeon if I were to fall and break my leg, it would probably be in the middle of my shin, or above my knee, each place, (much more than you probably want to know about me!) where four screws are embedded in bone. I could very well lose my leg, or legs, as the case may be. That statement from him has sobered me to any thoughts of peaceful walks almost anywhere around town, but especially, in my beloved downtown Moscow. 
Last Thursday, for the first time in six weeks, I decided to go downtown shopping. I was very discouraged by the state of some of the sidewalks. Moscow had not received snow for several days, yet, many of the businesses still had an accumulated a mixture of snow, and dangerous ice on the ground with NO WHERE to walk that was clear. This includes the walkway in front of the fountain in Friendship Square, which at the time, only had a two foot pathway. 
Many years ago, while working as an advocate at Disability Action Center, I spoke with Police Chief Weaver regarding our snow removal ordinance. At that time, he stated the problem lies with enforcement. There are no specifics that state what time the snow needs to be removed by, nor what part of the sidewalk the business owner is responsible for, or how wide of a swath should be shoveled. Also, the policy stated once warned about snow removal, a business has 24 hours to respond. What is with Moscow and these hour requirements, such as the noise and dog barking law? If something needs to be taken care of, it needs to be dealt with ASAP! At one business I spoke with, I was advised they were only responsible for an area four feet from the building. What about the other four to six feet on to the curb? Who is responsible for that? Who is responsible for the area on the corner of Main and 6th, Main and 5th? Who is responsible sidewalks in front of a vacant building? If a
 lawsuit is filed, who pays? Would it be me, the taxpayer? Because the policy as it is written is so vague?? I guarantee you, if someone is seriously injured due to the choice of a business or the city to ignore this problem, someone will be sued. 
In the heat of summer, almost six months ago, I addressed the Mayor, and Moscow City Council about concerns regarding our disabled, and elderly community members, and the manner in which the snow removal policy was written and enforced. At that time, I was advised by Mayor Cheney the issue of changing the ordinance had been in, I believe it was, an employee committee for the previous 6-8 months. Personally, I am not sure why it takes so long to change a snow removal policy. Do what I did, Google other cities in Idaho, see what they are doing. Coeur d' Alene has an excellent policy stating a time frame for removal of snow, the fine to be issued if the policy is not followed. Also, if the fine isn't paid, a lien will be placed on the property owner's taxes. 
I recall early last fall when there was discussion of moving Farmer's Market to Main Street, and closing Main for a few hours Saturday mornings... The businesses downtown were very much against this idea, as they were concerned about parking, and losing customers. Where is that same concern for their customers now? 
  I hope this ordinance is addressed by the City Council soon. It would be a shame for someone to be injured.

  Please call the Moscow Police Department at 882-5551 with your concerns.  

  Thank you for listening to my rant.

  Janesta Carcich

Below are the basics from both Moscow, and Coeur d' Alene's websites. 
>From the City of Moscow website.
  http://www.moscow.id.us/Police/Snow%20Removal/Snow%20removal.htm
  It shall be the duty of every owner of any land, building, or lot within the City to remove snow and/or ice from adjacent sidewalks to permit the safe pedestrian passage upon said sidewalks bordering said property and to abate the nuisance set forth in this Chapter. This duty applies to natural snowfall; it does not extend to snow displaced onto sidewalks by City snowplows after an owner has removed natural snowfall. 

Coeur d' Alene
http://www.sterlingcodifiers.com/ID/Coeur%20dAlene/index.htm
"Every owner or occupant of any house or other building, or of any vacant lot or block, and every person having charge of any church, jail or public building within the municipal limits, shall, during the winter season and during the time snow continues on the ground, by nine o'clock (9:00) A.M. on every day after a snowfall, and whenever necessary, clear the sidewalks in front of such lot or block, from snow and ice, and shall keep them conveniently free there from during the day, or shall, in case the snow and ice so congealed that it cannot be removed without injury to the sidewalk, cause the snow and ice to be strewed with ashes or sand. Every owner or occupant shall at all times keep such sidewalk clear and free from all filth, dirt or other obstructions or encumbrances so as to allow citizens to use the sidewalks in an easy and commodious manner." 
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