A NOVEL WAY TO CLEAR CITY SIDEWALKS
Jan
2011
18

By this point in the winter, most of us are getting a tired of shoveling snow.

But maybe we don’t have it so bad.

What if we were responsible to shovel more than the driveway and entrance to our homes and businesses?

In Vancouver, it’s the first winter under a new by-law requiring homeowners and commercial property owners to clear snow from the sidewalks in front of their properties.*  Furthermore, property owners and occupants are to have the sidewalks cleared by 10 a.m. on the morning following a snowfall – 7 days a week!  Residents are also encouraged to clear snow from fire hydrants and storm sewer drains to allow the run-off of melting snow.

Failure to remove snow and ice as required by the by-law can result in a fine.  Additionally, the City can without further notice, clear the snow and ice from the sidewalk and bill the owner or occupant for costs incurred!

The City’s website summarizes this way:  “We may get less snow in comparison to the rest of Canada, but when it arrives, you need to be prepared”.

But what is not so clear is this: will the property owner or occupant’s liability insurance respond if they are sued for injury for allegedly failing to adequately clear ice from the sidewalk which belongs to the municipality??  And what are the legal ramifications if someone injures themselves – or has a heart attack – while removing heavy, slushy snow from the walkway in front of their home??

While the answers are not obvious, what is plain is that residents will be needing a competent broker to advise them on the extent of coverage they can expect from their policy, as together they assess and manage this risk.

* City of Vancouver – Section 76 of the Streets and Traffic By-Law No. 2849

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Comments

    7 comments

    mr

    January 18, 2011 at 11:01 am

    Hope this law never comes into Ontario, our taxes that we pay should alway’s look after snow removel.

    PL

    January 18, 2011 at 2:30 pm

    Is it really all that bad to have walkways clear.Sometimes it takes force by a law, to get things done.

    Graham Robinson

    January 18, 2011 at 5:38 pm

    It seams that our taxes go up and our services go down. Maybe the solution for those in Vancouver is to ask for the taxes to be lower that way it will allow for services to go back up again. I recall when we took a room off the back of our house the town was going to charge us more taxes because somehow our property value had gone up. Interesting post. Always a good read.

    gc

    January 19, 2011 at 11:27 am

    This new by-law raises some very interesting liability insurance questions………glad I live in Ontariio!

    HC

    January 20, 2011 at 9:16 am

    As tired as I am of shovelling snow, I am sure glad I only have to worry about my driveway… especially with the amounts that we get each year.

    LR

    January 20, 2011 at 10:04 am

    Hope the by-law never comes to Ontario. I think that the property taxes should be lowered in Vancouver if the residents are responsible for the sidewalks between neighbours. The liability issues with this new by-law should prove to be interesting.

    HG

    January 26, 2011 at 10:22 am

    This bylaw is already in effect in some city in Ontario. In Hamilton they have to keep the sidewalk cleared if not they get a bill from the city $500.00. My daughter learned very quickly to keep sidewalk clean. She has a corner lot so she has to shovel a total of 100 feet.

Randy Bushey

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