vision2020@moscow.com: Re: moscow code re snow removal

Re: moscow code re snow removal

Lois Melina (lmelina@moscow.com)
Thu, 8 Jan 1998 18:12:54 -0800

> Sec. 7-1. Sidewalk Policies.
> The following shall constitute the general sidewalk policies of the City
> of Moscow:
> A. It shall be the responsibility of the adjacent property owner to
> maintain in good repair and safe condition and to keep clear of all snow,
> ice and debris, the sidewalks which are adjacent to the owner's property
> including the portion of the sidewalk which runs to the middle of any
> adjacent public alley.

I'm not a lawyer, but it is this a defensible position? Couldn't the city
just as easily mandate that the "adjacent property owner" remove the snow
from the street? What if someone slips on ice that hasn't been removed from
a sidewalk--can they sue the "adjacent property owner"? What happens if
someone has a heart attack shovelling snow from the sidewalk because the
city made him? (Maybe I have the makings of a lawyer?)

Maybe the ordinance isn't aggressively enforced because it is intended to
encourage people to remove snow from the sidewalks, but can't really
require them to.

And, is there a comparable ordinance that requires "adjacent property
owners" to remove snow and ice from parking lots?

Lois Melina,
Non city resident,
Don't have any sidewalks,
Runner who appreciates those who do clear their sidewalks

>


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