Should the Town of OP be Responsible for Clearing Sidewalks?

[ResWatchDog]

Once again the Hot Topic of who's responsible for clearing sidewalks in the Town of Orchard Park has arisen again.

Currently as a Village resident, I enjoy the benefit of having my sidewalks cleared on a regular basis. It appears that the Town residents are not afforded the same benefit. You may recall this topic being brought to the forefront just a couple of years ago and many residents / business owners on North Buffalo Rd fought to also have this benefit covered by the Town with great resistence from the Town Board.

There is a new sheriff in town and I'm wondering if this will be reviewed again for possible consideration. Not sure how older residents can be expected to comply with their supposed ordinance but I for one would not be able to maintain my own if it weren't for the Village.

http://www.buffalonews.com/cityregion/story/960549.html

TOWN OF ORCHARD PARK
Clear-sidewalk rule hard to enforce in Orchard Park
By Barbara O’Brien
NEWS STAFF REPORTER
Updated: February 18, 2010, 8:33 am /
Published: February 18, 2010, 8:33 am
Orchard Park’s ordinance requiring sidewalks to be clear of snow is difficult to enforce, town officials told a woman complaining of snow-filled sidewalks.

“We have an ordinance that requires people to clear their sidewalk,” Town Attorney Leonard Berkowitz said. “It’s virtually impossible to enforce this ordinance.”

Michele Reed, of Provincetown Lane, said she and her husband like to walk but have found that many property owners along North Buffalo Road do not shovel their walks.

The Town Board adopted the snow-clearing requirement in September 2008 after opposition from a number of businesses owners, who said it was impossible to clear snow in areas where state plows repeatedly push more snow and ice onto the side of the road and sidewalks.

The ordinance allows the town to clear sidewalks and charge property owners for the work.

Reed suggested the town use the village’s sidewalk plow, and town officials said they had looked into that, but the village plow is older and the village did not want to put more wear and tear on it.

“We believe because this is only the second winter we’ve had the law, there’s probably a lot of people who don’t know about it,” Building Inspector Andrew Geist said.

Supervisor Janis Colarusso said she would meet with Reed again to discuss the issue.

bobrien@buffnews.com

[FoxxyKat]

who assumes liability if someone slips and falls on a sidewalk in need of clearing??? sounds like a public safety issue.

[ResWatchDog]

That's a good question FoxxyKat. But my take would be the liability would ultimately fall on the shoulders of the resident / business responsible for clearing that particular stretch. But with everyone being lawsuit happy these days, I foresee lawsuits also being filed against the Town or Orchard Park for neglecting to enforce the ordinance. More importantly as in the situation that occurred years back in Amherst on Niagara Falls Blvd, if someone is forced to walk in the street on North Buffalo Rd, and a fatality occurs, you can bet your you-know-what that the Town will be held accountable.

This is a nightmare waiting to happen.

What would it take to purchase a few snow throwers like the Village has and employ two seasonal employees to assist with this matter. Has the research been conducted or is the Town Board just making assumptions?

Consider me one lucky Village resident.

[Dougles]

Well it comes down to if you wanna pay more and site on your butt while someoen does it (i understand some people physically can't), or do you want lower taxes and to get some simple and easy physical activity (which most americans need).

[ResWatchDog]

Dougles,

I resent the fact that you think I would just sit on my butt and watch someone else do it. If I was phycially able to, I would but I am not. I am of the elderly age (of what that is I won't say) and have a physical ailment that prevents me from having the luxury of abilities that you obviously have. I think you may react differently once you get to a ripe old age of...

So please don't assume some of would want this benefit because we are lazy! I for one would opt to pay a User tax or something if I lived in the town and were given the option.

[therising]

“We have an ordinance that requires people to clear their sidewalk,” Town Attorney Leonard Berkowitz said. “It’s virtually impossible to enforce this ordinance.”

What a dumb remark for the Town attorney to say.

God forbid, someone gets hit by a car because there was some unshoveled sidewalk, all their ambulance-chasing attoprney has to do is point to this quote - in which the Town's counsel was basically saying that the Town doesn't bother to enforce its own safety laws.
BAM! - Town now is liable, as they've admitted negligence.

[WNYresident]

I believe the person making that comment should be liable not the "tax payers".

[ResWatchDog]

My question as a Village resident is, what happens to the equipment currently used by the DPW to clear village sidewalks if, god forbid the residents have a mental lapse and vote to dissolve village government? Would this go over to Town Highway Dept? If so, can't they then take over what the village has done for so many years?

[CSense]

My question as a Village resident is, what happens to the equipment currently used by the DPW to clear village sidewalks if, god forbid the residents have a mental lapse and vote to dissolve village government? Would this go over to Town Highway Dept? If so, can't they then take over what the village has done for so many years?

Yes they could. The town can apply a special asssessment.

[ResWatchDog]

Hear me out. I'd rather not have Vlg government dissolved. I am very happy with what i pay in taxes and the services I receive for it. I am not a proponent to dissolvement. But if there are more uninformed voters out there who end up swaying the vote the wrong way, I for one will not be out there shoveling my sidewalk and I REFUSE to pay a fine if ticketed. Either the town picks up the clearing or there should be no ordinance. Does this ordinance apply to all town sidewalks or just those in the business section of town?

Where can I find a copy of the ordinance as it is written?

[Dougles]

You could hire someone to do it for you with the savings in the property taxes you see!

[ResWatchDog]

Dougles,
I think you are under the understanding that the amount of taxes we pay above what town taxpayers pay is that substantial. It is not. Just a few years back, I compared my house to my friend's house in the town, about same assessment, and the difference was not that significant. So the "BIG SAVINGS" we're all going to see is really being blown out of proportion by Gaughan and his liberal wannabes.

I ask the question, what could I pay you to come shovel my walkway? What is the going rate anway for a seaonal rate?

[Dougles]

Dougles,
I think you are under the understanding that the amount of taxes we pay above what town taxpayers pay is that substantial. It is not. Just a few years back, I compared my house to my friend's house in the town, about same assessment, and the difference was not that significant. So the "BIG SAVINGS" we're all going to see is really being blown out of proportion by Gaughan and his liberal wannabes.

I ask the question, what could I pay you to come shovel my walkway? What is the going rate anway for a seaonal rate?

To be honest, I'm sure you could find some teenager or tween to do it for $100.00 a year.

Who does your driveway?

[ResWatchDog]

I have a service but they do not do sidewalks.

[Tangodown]

To be honest, I'm sure you could find some teenager or tween to do it for $100.00 a year.

Who does your driveway?

Or better yet whatever happened to helping your neighbors, especially the elderly? I snow blow the sidewalks and driveways for my elderly neighbors all the time, and even the ones that are not elderly sometimes because they worked late or are out of town. It's called caring for others, your neighborhoods, and just being a good member of society. I make my kids help too, teaches them good ethics.