[Vision2020] PR - Citizen Sidewalk Maintenance

Fri Jan 23 06:17:08 PST 2009

Donovan,

I think you are half-right on this.  To your first question, I think the answer is yes.  If one fails to clear the sidewalk properly and another was injured as a result, then a person could be liable under negligence.

But I think you are wrong on your second question.  If someone fails to take any action, does not clear the sidewalk, and another was injured as a result, then that tenant/owner (whoever is responsible for removing the snow) could be found liable under the same theory.  Failure to act would not protect that person at all, in my view.

Sunil

Date: Thu, 22 Jan 2009 15:14:34 -0800
From: donovanjarnold2005 at yahoo.com
Subject: Re: [Vision2020] PR - Citizen Sidewalk Maintenance
To: vision2020 at moscow.com; sunilramalingam at hotmail.com

Sunil,

It is my understanding, that if someone removes snow improperly, like misses a section, and the person falls, the person who fell can sue the property owner for negligence, Is that incorrect?

If they didn't remove the snow, the injured party could not sue the property owner because they didn't do anything, and legally, it is the responsibility of the city to maintain its walkways and roads in working condition?

Best Regards,

Donovan

--- On Thu, 1/22/09, Sunil Ramalingam <sunilramalingam at hotmail.com> wrote:

From: Sunil Ramalingam <sunilramalingam at hotmail.com>
Subject: Re: [Vision2020] PR - Citizen Sidewalk Maintenance
To: "vision 2020" <vision2020 at moscow.com>
Date: Thursday, January 22, 2009, 6:26 AM

Donovan,

The city does not have a law 'allowing people to sue for not shoveling their walkways correctly.'  It has a law allowing the city to charge individuals with misdemeanors if they fail to remove snow within 24 hours after being given notice to remove it.  The ordinance also allows the city to remove snow and ice if the snow is not removed within 24 hours of notice; the city can then bill the responsible person.

I did not see where the ordinance specifically allows suits.  Certainly if a plaintiff sues because he or she fell on an uncleared sidewalk they will cite the failure to comply with the ordinance, but the ability to bring suit exists independently of the city ordinance.  Even if the ordinance did not exist, the ability to sue would still be there.

And not only is it appropriate to have this ordinance, it should be enforced.  Public safety is a basic and legitimate public
 function.

Sunil

Date: Thu, 22 Jan 2009 01:56:26 -0800
From: donovanjarnold2005 at yahoo.com
To: vision2020 at moscow.com; fcs at moscow.com
Subject: Re: [Vision2020] PR - Citizen Sidewalk Maintenance

Mark,

There are problems with this because of city law allowing people to sue for not shoveling their walkways correctly. If they changed that law, it might work.

The other problem you have is that few want to go on a public list of being needy. 

Many people with disabilities don't want it published information. And not everyone is disabled and abled, many people fall somewhere in between depending on how they feel that day. 

Another problem is that people work and have their own driveways to shovel after a snow. 

Again, you have government being the solution and the problem in this instance. It chooses 

Best Regards,

Donovan

--- On Wed, 1/21/09, mark seman <fcs at moscow.com> wrote:

From: mark seman <fcs at moscow.com>
Subject: Re: [Vision2020] PR - Citizen Sidewalk Maintenance
To: "v2020" <vision2020 at moscow.com>
Date: Wednesday, January 21, 2009, 11:18 PM

This represents an ideal condition for community-building.  The obvious problem (need) is there, and instead of looking towards a convoluted and bureaucratic route of City government to solve it, it could maybe be solved more easily via a grassroots community focus.  

Why not develop a neighborhood or community-wide network of people willing to team-up for a half-day and clear sidewalks & drives for those that can't.  There will be those able to pay and those unable to pay.  Whatever funds are collected could go towards equipment rental or nurishment for the volunteers.  Community service does not require a name like Kiwanis or Rotary or Scouts.

Maybe this is even an opportunity for the Viz to create some more positive energy flow within the community.  Why not create a list of needy and solicit for volunteers?  Then strategize a plan and implement it!

Mark

ps - I'm also more annoyed getting whapped in the face by branches that overhang the sidewalk, than by trimmed trees & bushes along sidewalks.

mark.r.seman.architect 
       i n t e g r a t i v e s
     9 2 8 . 9 2 5 . 7 6 1 7 
3 d i n t e l l i g e n c e . c o m 

-----Original Message-----
From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]On Behalf Of Donovan Arnold
Sent: Wednesday, January 21, 2009 7:17 PM
To: v2020; Stephanie Kalasz
Subject: Re: [Vision2020] PR - Citizen Sidewalk Maintenance

And if you have a disability that prevents you from shoveling the city property next to your property, too bad, the city council still requires you to get out in your wheelchair and shovel away.  The shovel police are coming to a sidewalk near you! 

Best Regards,

Donovan

--- On Wed, 1/21/09, Stephanie Kalasz <skalasz at ci.moscow.id.us> wrote:

From: Stephanie Kalasz <skalasz at ci.moscow.id.us>
Subject: [Vision2020] PR - Citizen Sidewalk Maintenance
To: "v2020" <vision2020 at moscow.com>
Date: Wednesday, January 21, 2009, 3:17 PM

Press Release – Citizen Sidewalk Maintenance

To:      Interested Media 

From:  Gary J. Riedner, City Supervisor 

            206 E. 3rd St. , Moscow , Idaho 83843 

Telephone: (208) 883-7006; Fax: (208) 883-7018 

E-mail: griedner at ci.moscow.id.us 

c:         Mayor, City Council, All City Users 

Re:      City of Moscow Press Release 

Date:   January 21, 2009

For Immediate Release: 

Citizen Sidewalk Maintenance 

Moscow, Idaho, January 21, 2009 –As the forecast is calling for snow this coming weekend, January 24 and 25, the City of Moscow would like to remind residents that under Moscow City ordinance, it is the responsibility of the adjacent property owner to keep sidewalks clear of snow and debris. 

Specifically the Moscow City Code - Title 5 Public Ways and Property states: 

Sec. 9-3 Owner to Remove - 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. 

For more information please contact the Public Works Department at 208-883-7034. 

### 

Jen Pfiffner 

City of Moscow 

Assistant to the City Supervisor 

206 E Third Street 

Moscow, ID 83843 

(208) 883-7123 

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