South Tahoe to mandate property owners plow sidewalks
By Kathryn Reed
South Lake Tahoe’s sidewalks – the few that are in the city – are about to be cleared of snow.
This is assuming the City Council OKs the idea Dec. 14. And assuming property owners give a hoot because they sure haven’t seemed to care without the threat of being fined.
“The goal through this ordinance is to give us the authority to cite people,” City Attorney Patrick Enright told the council this month.
Property owners will have to plow sidewalks in South Lake Tahoe starting in 2011. Photos/Kathryn Reed
The current council heard the first reading of the ordinance earlier this month and approved it on a 3-1 vote. Councilman Bruce Grego was absent and Councilman Bill Crawford abstained.
The new council that will be sworn in Dec. 14 will be asked to make the final approval.
The maintenance part of the ordinance reads, “It shall be the duty of all owners, and their tenants, of real property within the city whose property borders, or is in 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.”
Staff recognizes people cannot be shoveling around the clock, but it will have to be done when needed.
Linda Borge, who is co-owner of the property on Highway 50 where Ken’s Tires is, said Caltrans piles snow in front of the store. With the store being closed from noon Saturday to Monday morning, she said no one would be there to clear the snow from the sidewalk.
John Runnels is all for clearing sidewalks, but wanted the city to create a panel to discuss the issue because there has been no outreach to the business community.
Enforcement will be complaint driven. It will be considered a nuisance if the property owner has not cleared the sideway. The city could clear it and charge the property owner the fee to do so or put a lien on the property if necessary.
The earliest the policy will take affect is January. Enright told the council this winter warnings would primarily be issued and that the city plans to do outreach to the public and chambers of commerce.
“It’s what state law requires. It’s putting people on notice,” City Manager Tony O’Rourke told Lake Tahoe News of the proposal to tweak City Code Chapter 26 to have city law conform to state law.
O’Rourke realizes this means the city is going to have to come through with better maintenance of areas it is responsible for.
Currently Caltrans is liable for the sidewalks along the highway. However, as improvements are made in the coming years, the liability transfers to the city.
Next building season Caltrans is expected to start its multi-year project to improve the Ski Run to Trout Creek area along Highway 50. This includes installation of sidewalks, curbs and gutters.
Now Caltrans is proposing doing the same from Trout Creek to the Y. This will be before the council to approve soon, according to Public Works Director John Greenhut.
“This is maybe the beginning of a whole series of self-improvements. If we don’t take care of ourselves, why would others want to be part of it as residents or guests?” O’Rourke asked. “We need to take care of our own house, to make it safe, to make it reliable.”
Like other things that have gone on in South Lake Tahoe for years that make him scratch his head, O’Rourke hasn’t uncovered a reason as to why the clearing of sidewalks has not been enforced.
The storm that started last weekend had him baffled as he watched traffic on Highway 50 reduced to one lane while someone walked in the street because that was the pedestrian’s only choice.
“And people in wheelchairs. I don’t know how they survive. There is either a lack of sidewalks or the sidewalks are crumbling or not being maintained,” O’Rourke said. “This is not inviting for the community or tourists. Being a tourist based economy it has struck me that the first impression is not a good one.”
Although what he is pointing out is not news to anyone who has lived in South Tahoe or visited the area, what is news is someone is doing something about it.
I’d say it’s about time this issue was addressed. I was driving down Ski Run yesterday and noticed they have their sidewalks cleaned immediately after a storm. Could someone in the Ski Run area comment on what type of an arrangement they have set up so we could get something going at the Y? Also if CalTrans is currently responsible why aren’t we seeing them out there cleaning the sidewalks now?
Not feeling too bad for the man on the bike – if you look closely at the photo you can see that the bike path in front of Tahoe Meadows had been cleared.
CalTrans has never cleared sidewalks on Hwy. 50 and few businesses do it – David Kurtzman used to clear Aspen Realty’s. It has saddened me to see people walking (or in wheelchairs) outside the berm on Hwy. 50. When I inquired why it wasn’t done I was told businesses fear lawsuits,and the City wanted Caltrans to do it and Caltrans wanted the City to take responsibility. And a big lawsuit over an icy sidewalk near Stateline probably proved the point. I’m glad to see Tony O’Rourke take this on.
Form a panel? Just what we don’t need is more talk and less action.
Keep the snow off the sidewalk around your business. Seems pretty straight forward and part of the responsibility one takes on as a business owner. No pointing fingers, no blaming other agencies. And please, no more whining.
Amen. Way past time
Agree with Julie everyone take responsibility for their sidewalk every day of the year no excuse no exceptions. Seems pretty simple.
Nice to see what becomes of the proposed CalTrans sidewalk issue. About half of the new sidewalks built at the Y area in the last decade or so are pretty much dysfunctional in the winter time, hopefully CalTrans has a better scorecard from Ski run to the Y.
Take some that Business tax revenues money, hire a independent contractor to do what business owners can’t do, solve the no room for excuses of closing shop, not being there ,other circumstances that could effect all highway 50 sidewalks.
They should also pay attention to all public bus stops as many are unfit for human use.
On the positive side, some very good news was hidden in the middle of this article. That is that Cal Trans is now addressing hiway improvement from Trout Creek to the Y. This is big news. Also, they are including bicycle lanes in these plans which is even better news!
Well, Tony O’Rourke, welcome to Tahoe! This week’s snow removal was atrocious, where we live. They only removed snow down the middle of the street leaving a huge, wide berms (6’wide, 3-4’high in front of our driveway. It was not the width of the street. Is that what snow removal will be, only a narrow path down the middle of the street? This is not acceptable!
It does no good to say that we are a “world class” resort, when we look like a ghetto along our hiway 50 corridor. Also, we need our local businesses to act “world class.” Went to the Horizon early to buy movie tickets and no sign about when the box office opens. No supplies in the bathroom. That is not “world class,” but very second class. What good does it do to advertise to get people here when they find this low class service?
I agree that clearing sidewalks is a concern. BUT, if the business owner is responsible for clearing will they be held liable for slip and fall accidents if the clearing is insufficient? Like Ken’s Tires, some businesses get berms piled up in front of them when they are not there. Will that be considered their fault? How about a clause that would demand binding arbitration for any possible lawsuits?
All the answers are not yet in and all the possible problems have not been addressed.
I am still waiting for sidewalks to be installed.
This is good news and is perhaps a baby step for SLT in the right direction.
David Dewitt has it right, WHAT SIDEWALKS?
Kathryn, would you be willing to do some follow up? I really think Tahoe Karen really hit on some good points.
Are the areas to be cleared private property or public property that is an easement?
I’d like to know who liability it is if someone is injured clearing public property? Typically if one is working for the city its the cities liability no?
Is there more wear on the sidewalks that are existing? If so who repairs it? (I have no idea if its different without vehicle traffic)
How soon does the clearing need to be done, and how often?
GrannyLu you are totally right about how much class we portray, go down pioneer between ski run and where it runs into 50, see how many trash bins there are. No world class resort allows this along a trafficked area where the people will be driving back from a day skiing.
Granny Lou, No disrespect meant but I live in Meyers, we got 4-5 feet of snow, I have berms too. It’s a part of life in snow country.
GrannyGOOSE,the Horizon theater suppose to be that way so they will scare you over to the $$$Expensive$$$ theater AT HEAVENLY VILLAGE.It’s a part of life in THE BATTLE OF THE TAHOE MINI Grauman’s Chinese THEATER FOOTPRINTS,DOG CRAP, IN THE SNOW.
This is snow country. Slip and fall suits shouldn’t be allowed. If businesses want patrons, they’ll make an effort to clear their snow & ice, just like they make the effort to mow their lawns & have landscaping done during the rest of the year.
In the 70’s the streets weren’t all that wide during the snow. Drivers had to slow down and actually pay attention to where they were driving and who was sharing the road with them.
I have been thinking about this quite a bit while driving back and forth on hiway 50. It doesn’t seem that it would provide much consistency if each owner was responsible for the easement in front of their property along the hiway. Each one is so different, some with sidewalks, some without. If we truly want to present a “nice face” AND easily walked area, it seems that one or more agencies would need to take this on, as they have the equipment to create an easy to follow and visually attractive walkway. Each owner could still be responsible for the area in front of their property and pay a fee according to the needs of each property. This will take quite a bit of analysis to evaluate!
Just look at the properties, some publicly owned, some privately! It’s such a mish mash. I’m talking about a walk way all along the hiway, not just one that gives access to the front door of the individual business as suggested above by Mt. Gal. This would need to be a huge collaborative project between the CITY and CALTRANS! Hmmm, maybe some of this will be solved when CalTrans puts in our new hiway next year! If this situation is not in the plans already, it should be!
This situation really reflects poorly on every one of us in our community, seeing disabled, byciclers, and others who must walk to the store, struggling along the edge of the hiway. Who are we? What kind of town allows this to continue?
All businesses should take Harry Van Dam’s approach at Dart Liquor. Harry is out there every day and night, shoveling the walkway and his driveway.
Thanks for being a great example Harry!