Memorandum

City of Lawrence

City Manager’s Office

TO:	David L. Corliss, City Manager
FROM:	Jonathan Douglass, Assistant to the City Manager
CC:	Brian Jimenez, Code Enforcement Manager Cynthia Boecker, Assistant City Manager Diane Stoddard, Assistant City Manager
DATE:	February 27, 2008
RE:	Review of Sidewalk Snow and Ice Removal Ordinance

Current City of Lawrence Sidewalk Snow and Ice Removal Ordinance

The City of Lawrence sidewalk snow and ice removal ordinance requires the owner or occupant of property adjacent to public sidewalks to “remove from the sidewalk any snow or ice which accumulates on such sidewalk or obstructs such sidewalk within twenty-four (24) hours after the ice forms or the snow ceases to fall thereupon,” or to place sand on the sidewalk if the ice cannot be removed. If the Code Enforcement Division verifies that a property is in violation of the ordinance a written notice of violation is sent to the property owner or occupant ordering the prompt removal of the snow or ice. If snow is not removed within five (5) days, the current code provisions require staff to forward a complaint to municipal court. If the person is found to be in violation, a $20.00 fine could be imposed on property owner or occupant.

Listed below are the numbers of cases investigated under this ordinance for the past several years:

2003	132 cases
2004	250 cases
2005	125 cases
2006	5 cases*
2007	172 cases
*No significant snowfall occurred in 2006. The cases were related to snowfall that took place in late 2005

Enforcement and Effectiveness Challenges of the Current Ordinance

The issue of snow/ice removal from sidewalks presents numerous challenges to both the citizens and staff of the City of Lawrence.

§ Enforcement of this ordinance is complaint driven. Sidewalk conditions might continue to be difficult for pedestrian travel until someone takes it upon themselves to submit a complaint.

§ The snow often melts before the five (5) day compliance period expires. As a result, many cases do not generate a fine, even if the property owner does nothing to clear the sidewalk.

§ A second snowfall can occur before the five (5) day compliance period expires. When this happens the compliance period starts over from the latest snow/ice event.

§ Many of the complaints the City receives are general, area-wide complaints. For example, in one instance a caller complained that most of the sidewalks along 19^th from Massachusetts to Iowa needed to be cleared. In these situations staff must determine which exact properties are in violation, and one complaint can generate many cases. Evidence of this can be seen in the large number of consecutive addresses in the attached case statistics report for the last five (5) years.

§ Clearing snow and ice from sidewalks often conflicts with snow plowing on the streets (see attached memo on snow plowing operations). The City receives complaints from property owners who cleared their sidewalks, only to have the sidewalk re-covered by snow when a snow plow cleared the adjacent street. On at least one occasion a property owner had been cited for not having a clear sidewalk and claimed that this sort of situation had occurred. Staff handles these complaints with understanding and professionalism, but there may not be a good solution to this challenge.

§ Staff research indicates that the City’s $20.00 fine is very minimal compared to other cities. The low fine may not be adequate to encourage compliance.

§ The Lawrence ordinance contains no removal provision allowing the City to perform or contract for snow/ice removal and assess the costs to the adjacent property owner.

§ Requiring property owners to remove snow/ice from sidewalks may be a difficult burden for individuals who are not physically able to shovel snow/ice. To help address this concern the City partnered with a local social service agency several years ago to create the Safe Winter Walkways program. Today Douglas County Senior Services matches people in need of help with volunteers willing to clear their sidewalks, while the City supports the program through a website and hotline, and by printing outreach materials. This winter the program had 18 applicants for help and 22 volunteers. There are no unmatched applicants or unmatched volunteers (some of the volunteers are in groups).

The attached complaints are a sample of comments the City receives regarding sidewalk snow removal.

Sidewalk Snow/Ice Removal in Other Communities

The sidewalk snow/ice removal ordinance of the City of Madison, Wisconsin has been mentioned as a possible model for the City of Lawrence to follow. Staff has prepared the attached memo regarding the Madison ordinance. Staff also prepared the attached comparative table of sidewalk snow/ice removal procedures and ordinances in selected other communities.

Issues to Consider if Drafting New Ordinance

There are a number of policy issues to consider if it is the City Commission’s desire to have a new sidewalk snow/ice removal ordinance drafted:

• Should enforcement be primarily complaint driven or staff initiated? If staff initiated, what level of resources should be dedicated to this task, and are there priority pedestrian routes on which inspection and enforcement should be focused?
• Should the ordinance contain a provision for removal of snow/ice by the City, with costs assessed to the property owner, if compliance is not accomplished by the property owner?
• Should the compliance period be shortened from the current requirements (24 hours to clear snow/ice, and five (5) days after notice given before fine is imposed)?
• Once a violation has been identified, should any notice be given before a fine is imposed or snow/ice removed by City and costs assessed?
• Should there be different compliance periods established for residential and commercial properties or districts?
• Should the size of the fine be increased to give better incentive for compliance?

ACTION: Consider changes to the sidewalk snow and ice removal ordinance. Direct staff as appropriate.