Guess that's why I live here and not in Boston.
That is absurd.
The first person who has a heart attack attempting to comply with that crap should completely bankrupt the city with a law suit from hell.
Actually, a smart-ass lawyer should sue the city for reckless-endangerment for enacting the stupidness.
For a number of years now, I have wondered what the results would be if such a thing was taken to court. The vast majority of sidewalks I have encountered are outside the property lines, as in, included in the public right of way. In order for me to modify the walk to have a driveway cutout installed, I needed to purchase a permit from the county and provide a picture of my intentions. Especially for the elderly or infirm who may well not have the extra money to pay someone to shovel the walk, what then? Being required by law to maintain something that by definition is typically not ours, I don't get it. Perhaps someone can enlighten me.
> Guess that's why I live here and not in Boston.
>
>
> fines for not shoveling sidewalks
My town has an ordinance stating that sidewalks be cleared within 24 hours of the street being cleared. If not, the town manager may proceed against the owner for the costs of the work. I have no idea what that would cost, but it seems to me that it is the same as a fine.
Check out section Sec. 25-21.
Sec. 25-21. Removal of snow and ice from sidewalks.
It shall be the duty of the occupant of any property in the Town which has a sidewalk of brick, wood or concrete abutting on such property to have all snow removed from such sidewalk within 24 hours after plowing of the street has been completed. The same obligation shall exist with respect to ice or sleet on sidewalks, except that ice and sleet that cannot be removed without injury to the sidewalk shall be covered within the time herein required with sawdust, ashes or
other material which will render the sidewalk safe for travel. When there is no occupant of such property, the owner of the property shall have the snow, ice and sleet removed or covered as provided for herein. If the owner of such property cannot be found, the Town Manager shall cause such sidewalk to be cleaned or covered and may, after notice, proceed against such owner for the costs of the work.
(Ord. of 3-17-87, § 25-25)
It was reported on the news that some towns north of VA have a limit of 3-4 hours. What happens if you are out of town?
In most cases the sidewalks the city is writing tickets on belong to the city, not the adjacent property owner.
Wow! You get a whole 24 hours?
City of Marion, Iowa - City Code
141.03 REMOVAL OF SNOW, ICE AND ACCUMULATIONS. It is the responsibility of the abutting property owners to remove snow, ice and accumulations promptly from sidewalks. If a property owner does not remove snow, ice or accumulations within twelve (12) hours after the accumulation, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2b & e])
And in the good old summertime:
141.04 RESPONSIBILITY FOR MAINTENANCE. It is the responsibility of the abutting property owners to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street.
(Code of Iowa, Sec. 364.12 [2c])
141.05 CITY MAY ORDER REPAIRS. If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if such action is not completed within the time stated in the notice, the Council may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2d & e])
141.06 SIDEWALK CONSTRUCTION ORDERED. The Council may order the construction of permanent sidewalks upon any street or court in the City and may specially assess the cost of such improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa.
(Code of Iowa, Sec. 384.38)
In other words, the sidewalk isn't yours but the maintenance is.
There's a crew that goes around in the spring with a can of orange paint looking for uneven sidewalk joints to spray. Then you get a letter telling you to fix it. Meanwhile, downtown, there are old brick streets that are so deformed they are virtually impassable and they've been that way ever since I moved here 5 years ago. Every spring, they slap a little cold mix in the worst areas, then go off on there sidewalk painting safari.
Personal responsibility (things like proper footwear when walking in snow and ice) and reining in frivolous lawsuits would be a far better start.
But then again, if government were even to suggest that people should be more responsible, they will likewise get their hands slapped for trying to tell people what to do. How dare they.
Same thing, if they tried to rein in lawsuits they's also get their hands slapped. How dare the gubmint tell us what we can and can't sue for, or for how much.
Damned if anyone tries to fix it, damned if they don't.
I swear, as a nation, we seem to WANT to be idiots and never do the right thing or take personal responsibility.
Move to the country. No sidewalks, ergo, no scooping requirement.
> It was reported on the news that some towns north of VA have a limit of 3-4 hours. What happens if you are out of town?
>
> In most cases the sidewalks the city is writing tickets on belong to the city, not the adjacent property owner.
Very interesting questions you pose... and... I have no answer for them. We don't have very many sidewalks here in town (I don't in front of my house), so I think it's just a generic "catch-all" type of ordinance... Like Rich Leu posted also, I'd say a whole lot of towns have them and the residents may not know about them.
Snow removal
From the Ohio revised code;
729.01 Construction or repair of sidewalks, curbs, and gutters at expense of owners.
In addition to the power conferred upon municipal corporations under section 727.01 of the Revised Code to construct sidewalks, curbs, or gutters and levy an assessment therefor, the legislative authority of a municipal corporation may require the construction or repair of sidewalks, curbs, or gutters within the municipal corporation by the owners of lots or lands abutting thereon, and upon the failure of such owners to construct or repair such sidewalks, curbs, or gutters within the time prescribed in the resolution adopted under section 729.02 of the Revised Code, may cause such sidewalks, curbs, or gutters to be constructed or repaired and assess the total cost thereof against the lots or lands abutting thereon, notwithstanding the provisions of sections 727.03 and 727.05 of the Revised Code.
723.011 Control of sidewalks, curbs, and gutters.
The legislative authority of a municipal corporation, in addition to the powers conferred by sections 729.01 to 729.10, inclusive, of the Revised Code, may require, by ordinance, by the imposition of suitable penalties or otherwise, that the owners and occupants of abutting lots and lands shall keep the sidewalks, curbs, and gutters in repair and free from snow or any nuisance.
Snow removal
Property owners in California are responsible for the sidewalks (Streets & Highways Code) but I've always understood that to mean keeping them in good repair. I wonder if that can be applied to snow and ice removal?
I would love to set up a class action suit, against the city. That law discriminates against poor folks, sick folks, and elderly folks.
Rich folks have no problem complying, or paying the fine, if they goof.
N
Here if the weeds poke through the sidewalk we get a letter pretty quickly demanding we pull them out, so this is somewhat similar.
That being said I never really get how the stuff works. If there is a tree that is in the R.O.W. I will probably be executed for cutting it down because they will consider it a city tree, and any time you are dealing with modifications to the area you need an "encroachment permit".
Never understand that stuff.
Dave
That's why I'm having a hard time getting outraged by this thread. In some places in CA, if a tree root pushes the sidewalk up, the City can tell the property owner to fix it or they'll get a bill for fixing it. Some places consider a sidewalk in the right of way to be accepted for maintenance like potholes in the street and the property owner isn't liable. How that applies to snow is probably similar depending on how the right of way was obtained and the local jurisdiction's interpretation of the statutes and codes.
Or live where it never snows....
I just can't get my head around prosecuting individual citizens for not doing maintenance, gratis, on govt. property. Why do we pay our taxes?
It seems to me that this is just another way for the govt. to get money in their coffers.
Here's my angle
The municipality requires us to pay for stormwater runoff (thread posted a few days ago). Then the city want to fine you if the water doesn't run off (it froze). How can a private individual be held financially responsible for an act of God?
Eh...I've heard worse!!
Call the waaaaahhhambulance.
Around here you have the shovel your walk and mow your lawn. Been like that since...forever.
You guys ever hear of lawnmowers? Well, a snowblower is just another piece of equipment necessary for the upkeep of your property.
Would you rather have to walk on uncleared sidewalks? Or have the socialist nanny state clear your walk for you?
Suck it up and grab a shovel.
Rick
No sidewalks in my town to worry about. We do have three roads that have pavement though.
