Clearing sidewalk snow - is it clear enough whose job it is?

While a sidewalk-clogging snow fell Tuesday night, the Spokane Valley City Council wondered again whether its minimalist approach to snow removal is adequate.

Councilman Dick Denenny was asked to find out with help from council members Gary Schimmels and Rose Dempsey.

City Attorney Mike Connelly told the council his survey of other Washington cities found none that does as little as Spokane Valley to make sure sidewalks are passable, but few go as far as Wenatchee – where property owners who fail to keep sidewalks clear can be charged with a misdemeanor.

State law clearly allows cities to require residents or property owners to shovel sidewalks, Connelly said. But he noted that an earlier council discussion of the issue bogged down on the question of whether it is fair to ask property owners to clear sidewalks outside long subdivision fences that prevent easy access.

Currently, Spokane Valley addresses snow removal only in its general nuisance law: Allowing snow to accumulate can create a nuisance, but no guidelines are offered and no penalty is provided.

Some cities give property owners a certain number of hours to clear sidewalks adjacent to their homes or businesses, and some cities agree to maintain some high-priority sidewalks themselves, Connelly said.

Generally, state law shields both property owners and cities from liability for “natural accumulations” of snow, but actions that make the problem worse – such as throwing snow on sidewalks while plowing streets or driveways – can create liability, Connelly advised. Failure to act when put on notice of a dangerous situation also can open the door to litigation, he said.

Connelly said Spokane Valley’s present approach does a good job of limiting municipal liability, but he recommended beefing up the municipal code to clarify property owners’ responsibilities and to specify penalties.

The council also should address the question of sidewalks blocked by city snowplows, Connelly said. The city might change its plowing procedures, clear the sidewalks itself or legally close them, he suggested.

Councilman Bill Gothman called for “clear language” that property owners are responsible for snow removal but no penalties. The city should find solutions to snow problems it creates, Gothman said.

Newly elected Mayor Richard Munson called for an examination of complaints to identify troublesome areas. Connelly said there have been relatively few complaints, perhaps a half-dozen per winter, but some of them have focused on Sprague Avenue.

Denenny wanted to identify “high-use” sidewalks, including those that serve schools, and agreed to lead the ad hoc committee in finding answers.