South Tahoe businesses fined for not clearing sidewalks
By Kathryn Reed
South Lake Tahoe’s reputation for not enforcing its laws is changing. Twenty-three letters went out this month alerting property owners they are violating the city’s sidewalk snow removal ordinance.
The city will have enforcers out this weekend to see if more letters need to be written when this storm is over. Fines will keep going up.
Snow in late February covers the sidewalk along Highway 50. Photos/LTN
“We get complaints from people who know about the ordinance and want to know why businesses are not complying. They are tired of walking in the road and slipping in icy, snowy conditions,” City Manager Tony O’Rourke told Lake Tahoe News.
The city delayed implementation of the ordinance for a year so businesses could put a plan of action together for this winter. Even with the mild winter, property owners have let the snow accumulate, which at times forces pedestrians into the travel lane along Highway 50.
Even though this is the first year for South Tahoe’s sidewalk snow removal ordinance, it has been state law for years. The problem is no one has enforced it.
The problem with leaving the snow is it becomes a health and safety issue.
The city ordinance says, “It shall be the duty of all owners, and their tenants, of real property within the city whose property borders, or is an easement, any improved sidewalk or walkway to maintain the sidewalk or walkway in a safe condition for its use by pedestrians and other members of the public. The duty created by the ordinance shall include the duty to keep the sidewalk or walkway free and clear of all dirt, sand, gravel, filth, rubbish, ice and snow.”
In addition to the year delay, Explorer cadets with the city hand-delivered — before the white stuff started coming done — to each business on Highway 50 information about the policy.
After the first significant storm, warning letters went out.
Repeat offenders received a letter dated March 19 that said, “A significant effort was made to make you aware of your above stated responsibility prior to this winter season. As of [time], March 19, 2012, the sidewalk/walkway adjacent to your property/business had not been adequately cleared. Twenty-four hours had elapsed since the end of the most recent snow event and no action had been taken to remove the snow/ice from the sidewalk/walkway adjacent to your property. You are, therefore, assessed a fine of $50 ….”
That payment is due April 20. As of March 30, one business paid the fine, three are appealing it and one has been dismissed.
The entities receiving a letter and fine are:
• Ski Run Liquor Market
• Bank of America
• South Lake Tahoe Senior Center
• Lake Tahoe Unified School District
• American Gasoline
• Chapel of the Bells
• Whiskey Dicks
• Trout Creek Motel
• Sky Lake Lodge
• Tahoe Mountain Wedding Chapel
• Re/Max Realty Tahoe
• Nickelodeon Motel
• Tahoe Retreat
• Head Shop
• 76 Conoco Phillips
• Coldwell Banker
• Tahoe Nails and Spa
• Staple
• Church of Christ Scientist
• Thrans Florist
Dirt and concrete walks in front of Chase realty offices have not been adequately cleared.
• Chase International
• Star Tahoe Offices
• Speed Trac.
El Dorado County owns the senior center.
The issue with the school district was confusion over whether the city was taking responsibility of snow removal in front of South Tahoe Middle School this year or starting next year. The city will be responsible going forward and the district’s fine has been waived.
Besides businesses, the city has had to figure out how to clear walkways it’s responsible for.
“It’s so much more labor intensive to do sidewalks than streets,” explained Stan Sherer, community services director. “We have made adjustments with our crews on addressing sidewalks. We can’t hold the public to higher standards than ourselves.”
Marnell Heinz, the city’s street superintendent, will be making a presentation about snow removal to the Sustainability Commission on April 4 at 3pm at Lake Tahoe Airport. The meeting is open to the public.
Plus, there are areas in town where the walkway is dirt – which presents the conundrum of clearing vs. moving dirt.
“Dirt areas lead to inconsistencies in removal areas,” Sherer said.
One of the outstanding issues is regarding the Caltrans right-of-way. Legally, those new sidewalks put in last summer by the state are their responsibility until the entire project is completed and the city takes possession.
However, Caltrans won’t clear the area where it owns the right-of-away.
“Our position throughout the region, including Truckee and Susanville, is that we do not remove snow from the sidewalks. Yes, we know we own the sidewalks until construction is complete. But at this point, Caltrans still does not maintain sidewalks,” Deanna Shoopman, Caltrans spokeswoman, told Lake Tahoe News.
Lake Tahoe News has submitted a Public Records Request to Caltrans to secure documentation about encroachment permits from the Y to Stateline in order to assess the areas in the city Caltrans is legally responsible for. For now, the city is doing the state’s job.
How do you keep it snow and ice free 24 hours a day? Maybe heat all sidewalks.
Oh yeah.
Well ,look at it this way,Now maybe there will be more jobs for the people.Hire, hire, hire.
let’s talk history – one of the criterias for Cal-Trans to start the hwy 50 project was the city had to obligate maintence funds. Which I believe was approximately 400,000 per year. The city guaranteed Cal-Trans that they had the funds – Cal-Trans started the project. As soon as they started the project – the city came back with “oh-we don’t have the manintence money” so the city then adopted an ordinance that they would shift responsibility to the property owner. I believe that the sidewalks are a great idea, something that should have been done years ago – however, where did the maintence funds go? This is just another way for the city to transfer financial responsibility to small business’ that are struggling as it is.
Scoop, are you sure that maintenance includes snow removal? I would think maintenance would mean repaving and fixing holes. Second, if a business couldn’t keep the snow plowed this year, well its boarderline pathetic. Finally,it seems like the businesses down there should work together, and get a high school kid to take care of this. I would have done it when I was a kid.
“Hire, hire, hire.” How about “shut down, shut down, shut down.”
Businesses are struggling. The City still does NOT GET IT! When you place higher fines and fees on a business that is already struggling, their recourse is lay off employees or close their business.
You can’t just have an employee go shovel that snow or even run a snow blower (IF it’s not on dirt). That may not be in their job description, and may cause an injury, which would result in MORE trouble for the business.
I’ve had owners tell me they are giving up even more of their family time to go shovel that snow, which sometimes ends up with an injury for themselves. Some business owners are sole proprietors or have already cut employee hours to keep the business open, so they are now adding hours to their day. If the business is closed on the weekend and it snows, they have to hire someone or take their time off to go take care of this.
The City says it is state law, but the state agency won’t obey.
What’s with the humiliation tactic that also gives the sue happy a chance to watch that business and “go get’ em” if they have another mishap?
And if they make it through the winter, let’s hit ’em with Measure B!
You know we talk about how the kids are on drugs around here so much, Put them to work ,Keep them busy,We talk about the economy ,I really think this would help to hire ,fix the problem ,why shut down all the places because they do not want to do it them selfs ? safety comes first, not everyone has a car.Be safe then raise a bill at the hospital because you slipped.
The problem is, Kathy, most of these business owners in Tahoe are fighting just to keep the doors of the business open. To hire a “kid” still means more money, maybe hundreds a month more, plus the liability.
“…they do not want to do it themselves.” Let’s see, I own a business, I have just worked 14 hours just to pay the bills, now I have to shovel snow for another hour or two, go home, fall into bed, no family time, then get up extra early to come back and shovel again.How many hours a day is enough?
And if my only employee calls in sick, how do I run the business while I am out shoveling snow?
I have been without a car and I have family members who walk to the bus stop or work every day. I know this is a problem, but there is no compromise here.
Joann, are you really arguing that people who presumably live in Tahoe shouldn’t be required to face the grave dangers of clearing snow? And clearing snow takes an hour or two on a sidewalk? I see several easy solutions to this, admittadly they all cost some money, but easy solutions and very very little money. A co-op with a used snowblower with surrounding businesses would be the easiest. Frankly after reading your post I am glad there is no compromise.
Will they require covered walks next?
It’s not about snow it’s about revenue. There’s about $4000 in fines they’ll collect from these citations.
Also, how does a dirt path count as a sidewalk?
To John yes i,m sure on the snow removel was part of the funds. Nancy Kerry let us know?
Snow removal is a hugh part of living in snow country. Deal with it or move your business to Palm Springs.
Isn’t this a requirement in most municipalities around the country that have seasonal snow? Seems to me businesses would want to do everything possible to increase business volume, even if that entails trying to accomodate the under estimated pedestrian traffic! I know that pedestrian traffic is a foreign concept in our town, but just maybe it is time for local business to try and upgrade their businesses to be MORE accessible, instead of always complaining that business sucks in this town, and that it’s someone else is at fault (city, county,TRPA, League To Save LT, etc.). And using the “poor overworked business owner” argument isn’t gaining anyone any sympathy! We the consumers didn’t hold a gun to your head to open a business, so shake it off and work harder to garner a larger market share of your businesses category! I say kudos to the city for this action!
Obviously and as usual most of the posters here didn’t attend any of the community workshops offered by the city to address these problems and get ideas from the community as solutions. The meeting I attended was very informitive and the city was willing to take suggestions on what to do. What the city is not willing to do is look the other way anymore and more tickets are on the horizon. Several problems were pointed out with regards to snow removal on city sidewalks such as: 1. What do you do when you clear the snow and CalTrans puts it back because they do not have a drop down blade 2. The ordnance says snow but as we all know that turns to bulletproof ice in no time 3. If we put ice melt down won’t the TRPA, Tahoe Pipe Club, Lahotan and League stop it due to what it does to the lake 4. Where do you put the snow, certainly not in the hiway 5. Finally you just know now that the city has finally cracked down that whack job phony ada attorney from Grass Valley will be back with a whole new set of lawsuits. There are are more community meetings coming up and my suggestion is that we all need to attend and make our voices heard over the roar coins leaving the cash register. Side note: Mr. Abertozzi works for the police department and enforces the laws the city makes and he does it with both hands tied behind his back as far as support from the community. Skibum
Skibum knows all! Just ask him!
And who will take responsibility for the walkways just west of Denny’s and US Bank? Or further west where the river goes under the highway? There are no businesses fronting these areas but there are walkways which will need to be cleared. Will these areas be cleared by the city?
Just sayin’
Thanks Robert
Bigger Picture: I agree with you that it should be just part of doing business. However, not all of the sidewalks lead to the entrance of the businesses, some are on the side of the business which does not interfere with access.
I have been observing this when driving on hiway 50 this winter and I must say that many of the businesses ARE in compliance! Our community is not so bad after all. Some of the places, like the southwest corner of hiway 50 and Ski Run have no business on them, so that would be the responsibility of the owners, whomever and wherever they are.
This really has to do with community pride and people who care. Some are doing a great job. Now it’s time for the City to communicate with those owners who are not in compliance. I do think we have a problem with a lack of “pride of ownership” on the part of some in our community. People who care will find a way to get this done.
I wonder which one was dismissed? Was it the School District or the County?
Funny the airport landing RUNWAYS WERE clear.That’s alot sidewalks out there.
We can afford that but city can’t afford where people walk.
I rest my case your Honor .
you folks should Park the Car and walk from one end of town to the other, then you will have first hand knowledge of our sidewalk system
or Park the Car and Ride Your Bike
then you will see whose a slacker and
who is not
Clear your sidewalks, and they will come…customers that is!
SO.Tahoes reputation for not enforcing its laws is changing.I call horse pucky on that one.If one of the councils cronies complains to a council member all bets are off.
My parents, from snow country in New England, are constantly amazed that somehow noone in this ski town thinks it necessary to clear their sidewalks. GHETTO, that’s what it is. Stop your crying and clear your section. Where’s the pride? Can’t handle it?, congrats, you’re the next victim of our ski town, blown away by the wintry wind-
Clear your sidewalk, ski powder, smile,any questions?
John: The way the ordinance is written, the business owner could be fined if the sidewalks are not clear 24-7 – so just because you own a business, you need to stand out there all night and clear snow constantly? Read the ordinance.
And, no, you didn’t ask anyone to become a business owner, but I wonder if you will be one of the first to also complain when your favorite restaurant or retail shop closes it’s doors or raises it’s prices to try to cover the increasingly growing costs of doing business.People go into business to provide a service and make a living. When one or both of those don’t work, our town has more vacant buildings.
JoAnn,
You failed to state who should be responsible for clearing the sidewalks in front of local businesses. Would you please elaborate on that? I’ll await your response.
Thank you.
I never said a business owner should not clear their walkways. I said the ordinance, as it is written, is unreasonable, especially if we get a lot of snow in a short time frame.
4-mer, what is your response to the owner of a business being required to keep the walk clear at all times, 24 hrs a day, even in heavy snow?
Everything a business owner has to pay for makes the price of their goods and services rise at some point. Most people do not have any idea what a business owner already pays in licensing, taxes,permits, and more mandates and ordinances every year.Fined for grafitti or paying for paint and someone’s time, fined for snow removal not done 24-7 (and you can still slip and fall on a cleared walk – sometimes more easily because ice builds faster), fined for not having thousands to pay for a new sign to meet standards,and the list goes on.
People on all sides of the fence need to be reasonable. We’ve lost that.
What’s reasonable? Seeing a mother and her child in a stroller on HWY 50? Get a grip and clean the sidewalk in front of your business.
How about: the sidewalk in front of the business needs to be kept clear of snow (over 2″) during business hours, or at least cleared every 24hrs.
Hey Care- You”re right and that’s all they are telling us to do, I called and asked and they just said to keep it clear after a storm within reason about once every 24 hours. Joann stop complaining for the sake of doing so. The law isn’t for the benefit of anyone but our customers and people walking by or have you forgotten most business want to make things appealing so we present a good image to the traveling public who just might stop and come on in and buy something. We actually shouldn’t need a law to tell us to do what is common sense.
JoAnn,
Thank you for your reply. I just reviewed the SLT City Code of Ordinances at http://www.codepublishing.com/ca/southlaketahoe/ specifically Article IV-Snow Removal, Section 26-38 Purpose of article, Section 26-40.2 Owners’/occupants’ responsibilities, and Section 26-50 Maintenance responsibility (Code reviser’s note: Section 4 of Ordinance 1023 states: “This ordinance shall take effect September 1, 2011”) and could not locate where it states that an owner of a business was required to keep the walk clear at all times, 24 hours a day. Could you please direct me to where that is located in the Ordinance?
Thank you.
Remember when living in a ski town everyone owned snow boots and walking in snow was a way of life and fun?
With the new speed limit due any day, businesses should probably just close now. Common sense? to raise the speed limit on hwy 50 so tourists can get thru town faster! Thanks Caltrans and thank you city council for letting it happen.