Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, January 22, 1994 TAG: 9401220089
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: JOEL TURNER MUNICIPAL WRITER
DATELINE: LENGTH: Medium
It's the same in Salem.
Their crime?
They have not cleaned the snow and ice from sidewalks in front of their businesses and houses.
In Roanoke, the sidewalks are supposed to be cleared within three hours after it stops snowing. If the snow falls during the night, the sidewalks must be cleared by 9 a.m. Home and business owners could be fined $250 for each six hours that the snow, ice or sleet is allowed to remain on the sidewalk.
And they might be liable for damage suits by pedestrians who fall and injure themselves on icy sidewalks.
But Roanoke has not charged anyone with violating the sidewalk law, partly because it would be difficult to enforce during the sub-zero conditions this week, officials said.
"We don't have the manpower to cover the entire city and check every street," said William Clark, city public works director. Also, the ice was so thick, the sidewalks can't be scraped without ripping them up, Clark said.
In Salem, property owners are given six hours to clear snow and ice. But City Manager Randy Smith said Salem doesn't have the personnel to enforce the ordinance.
"It has also been so cold that [the city] hasn't been able to clean some sidewalks in front of its property," Smith said. "It would be hard for us to charge a private property owner, if we can't clear all of our sidewalks."
Salem has spread chemicals on sidewalks in front of its property, Smith said, but they are not effective when the temperature drops below 20.
In Roanoke County, there is no such law, mainly because the county has few sidewalks.
In Roanoke, a building's occupants are required to clear the sidewalks. If the building or lot is vacant, then the owner must clear it.
If the ice is so thick that it can't be removed without damaging the sidewalk, the building's occupants are supposed to cover it with abrasives such as sand, gravel, sawdust or ashes.
City Attorney Wilburn Dibling discounted the possibility that the city could be liable for damages if pedestrians fall and injure themselves on icy sidewalks. "This has been an extraordinary situation," he said, "because it has been virtually impossible to remove the ice."
Jeff Krasnow, a Roanoke lawyer who specializes in personal-injury law, said the city could be liable, however, if someone fell on a sidewalk around the Municipal Building or other city-owned property.
But Krasnow said it might be difficult to hold the city responsible for falls on sidewalks in front of private property.
By enacting the law requiring occupants of private property to clean sidewalks in front of their buildings, the city has delegated the legal responsibility to them, Krasnow said.
"I would look first to the property owner [to collect damages]," he said.
"In order to collect from the city, you would almost have to prove they knew about the ice in front of the property and they did nothing about it," Krasnow said. "That would be harder to prove."
Businesses and homeowners are opening themselves to negligence suits if they don't clear their sidewalks, he said.
Meanwhile, Roanoke officials said Friday the city will resume garbage collection next week on the regular schedule. No garbage was collected this week because of the weather.
by CNB