Tom Snyder lives at the end of his street in a remote part of Durango rarely visited by the general public.
But that didn’t stop the city of Durango from issuing a “notice of violation” earlier this month for failure to shovel snow and ice from his sidewalk. Three of his neighbors on Sunnyside Drive also received notices.
“No one walks on the sidewalk,” Snyder said in an interview. “I’ve never seen anyone on it.”
The city issued 36 notices of violation for snow and ice removal between Dec. 16 and Jan. 20. It is the same number it issued all of last winter, according to an open-records request.
City code requires owners, tenants or occupants to remove snow and ice from public sidewalks adjoining their property. They’re asked to do so at the end of a storm, before people walk on it and pack it down, said City Code Enforcement Officer Steve Barkley.
If they fail to do so, the city will issue a notice of violation, giving the owner, occupant or tenant 24 hours to come into compliance. If they don’t comply, the city will hire a contractor to remove the snow and place a lien on the property covering the cost of removal, plus a $25 administrative fee, Barkley said.
“Some years we’ll get two or three we’ll end up having to do that,” he said, “and then other winters people actually get around to taking care of the sidewalks. So far this year, we haven’t had to hire any contractors.”
The policy is intended to provide safe passage for pedestrians, Barkley said. Enforcement is largely complaint-driven, meaning residents must notify the city of a violation before Code Enforcement springs into action.
“When we get complaints on sidewalks, it’s basically a top priority,” Barkley said.
Ice-covered sidewalks are especially dangerous to the eight or 10 residents at Sunshine Gardens West who make regular trips on foot or by wheelchair to north City Market, said Don Brockus, executive administrator of the assisted-living facility along 32nd Street. Residents have been unable to make the trip some days this winter because of the poor condition of sidewalks, he said.
“The population that we work with is particularly prone to pretty serious injuries from falls,” Brockus said. “Most neighbors are good, but all it takes is one, and our folks can’t make it through very well.”
In addition to issuing a notice, the city attempts to contact property owners or tenants to find out what’s going on, Barkley said. If residents have a valid reason for not shoveling, for example, because they are elderly or disabled, the city will work with them to find a solution. La Plata Youth Services and Durango-La Plata Senior Center have provided assistance in the past, Barkley said, but ultimately, it is up to property owners to clear their own sidewalks.
Residents are expected to clear as much snow and ice as possible.
“If it’s already been packed and it’s frozen and you can’t shovel it off, we ask you to place down sand, kitty litter or ice removal stuff so it’s not as slippery and pedestrians can walk without falling,” he said.
Of the 72 violations issued last winter and this winter, seven were issued to businesses for moving snow into a street or alley. Barkley said residents must deposit snow and ice on their own property; they can’t move it onto the street. “It’s free water for their lawn instead of throwing it out in the street,” he said.
Residents and business owners aren’t the only ones on the hook for back-breaking snow-removal work. The city must maintain miles of trails and sidewalks adjacent to city property. Barkley said he receives complaints now and then about a city sidewalk that isn’t maintained, in which case he’ll call the appropriate department to have it respond.
The city of Durango has hauled about 900 loads of snow so far this winter to Cundiff Park, where the runoff will be filtered before it enters the river, said Levi Lloyd, director of city operations.
Removing snow and ice from sidewalks is the neighborly thing to do, but so is contacting an offending neighbor before notifying the city, said Barbara Brazes, who was given a notice of violation last winter.
Brazes, who lives on North Glenisle Avenue, said she was late to work one day and didn’t have time to shovel when “Cranky Neighbor” reported her.
“It was a one-time thing of, ‘Oh shoot, I’ve got to get to work, I don’t have time to clear this,’ and Cranky Neighbor, I think, reported me,” Brazes said. “I didn’t feel resentful toward the city. They were responding to Cranky Neighbor. Cranky Neighbor isn’t here anymore, and I’m delighted.”
Sherra Bornheim, who received a notice earlier this month on Sunnyside Drive, said she understands the shoveling policy and why it’s necessary. But it seemed a little irrational for the city to give notices to everyone on her dead-end street while doing nothing about other sidewalks that are heavily traveled near schools.
“All of a sudden, after 28 years, they’re wanting us to shovel,” she said. “It’s never used. It’s a dead end.”
Snyder said he felt like the city was nitpicking, but if one person is required to shovel, it’s only fair that everyone on the block be required to shovel. In the future, he’ll shovel the sidewalk, he said.
“I shoveled it, but it was meaningless,” he said. “It is important, I think, for people to have a clear walkway with this amount of snow – if the sidewalk is used.”
shane@durangoherald.com
DateNameAddressViolation12/29/14Alfredo Lozano21565 U.S. Highway 16021-3612/29/14Owners of Durango Tech Center lot 10Tech Center Drive, Parcel 5665-301-01-07421-3612/29/14Wells Fargo Bank21600 block of U.S. Highway 160, Parcel 5665-301-00-17321-3612/29/14Fletcher Pavin21577 U.S. Highway 16021-3612/29/14Highway 160 West LLC21691 U.S. Highway 160; Marriott21-3612/29/14Wapiti Rentals LLC21625 U.S. Highway 16021-3612/29/14Avih Amin21719 U.S. Highway 16021-3612/29/14160 W Property LLC21703 U.S. Highway 16021-3612/29/14Wedos LLC230 Rockpoint Drive21-3612/29/14Allen Harper21259 U.S. Highway 16021-3612/30/14David Carter and Mary Ellen951 East Third Avenue21-3612/30/14Sarah Summer375 East Ninth Street21-361/5/15Jerald Krieger1150 Main Avenue21-361/5/15Hamilton, EBJr Trustee Etals862 Main Ave21-361/5/15Cruz-Yen LLC990 Main Ave21-361/5/15Elisabeth Peterson1120 Main Ave21-361/5/15N/A1717 Eastlawn21-361/5/15Highway 160 West LLC; Marriott21691 U.S. Highway 160 21-361/5/15N/A711 Ford Drive21-361/6/15Roy Burnard and Kathleen Kerrigan2404 West Second Avenue21-361/6/15William and Michelle Winner241 W. 24th Street21-361/6/15Action Property Management200 West 24th Street21-361/6/15Venmed LLC610 Valentine Drive21-361/6/15Jeffery Medearis606 Valentine Drive21-361/6/15Jack Carmack2312 Columbine Drive21-361/6/15Barbara Brazes2325 No. A North Glenisle21-361/6/15Michael and Wendi Bogus2250 West Third Avenue21-361/6/15Michael and Wendi Bogus2270 West Third Avenue21-361/6/15N/A2208 West Third Avenue21-361/12/15Strater Hotel699 Main Ave21-381/13/15Cubbyhole1405 Florida Road21-381/22/15N/A2337 No. A North Glenisle21-361/22/15N/A2333 No. B North Glenisle21-361/22/15N/A2333 No. A North Glenisle21-361/23/15Durango Housing633 Arroyo Drive21-361/23/15East Animas Village700 Main Avenue21-3812/16/15East Animas and Florida LLC1485 Florida No. D21-3612/28/15Waltrust Properties Inc.2701 Main Avenue21-3612/29/15McLean Family LTO1150 Main Ave21-3612/29/15James A Class34 Folsom Place21-3612/29/15Stephen Pavich/tenant/occupant38 Folsom Place21-3612/29/15Stephen Pavich/tenant/occupant10 Folsom Place21-3612/29/15Parcel 5665-201-0605230 Folsom Place21-3612/29/15Durango Joes500 block of East Seventh Avenue21-381/4/16Cruz-Yen LLC990 Main Ave21-361/4/16Jarvis Condo Owners AssociationParking lot 10th and Narrow Gauge21-361/5/16All unit owners Pioneer Station Condos3750 North Main Avenue21-361/5/16DTP LLC1136 Main parking onto Narrow Gauge21-361/5/16Stavroula LP957 Main Avenue, Narrow Gauge parking lot21-361/5/16North Park Office Suites Owners Association3710 North Main Avenue21-361/5/16ExxonFlorida Roadn and County Road 25021-361/5/16Jarvis Condo Owners Association969 Main Avenue, Narrow Gauge parking lot21-381/5/16Chas Shafer and/or John Khademi1570 East Second Avenue21-381/5/16Crossroads Durango Condo Owners Association1030 East 10th Street, parking lot21-381/8/16Ben Nighthorse Campbell510 East Second Avenue21-361/13/16Michael Shave2012 Highland21-361/13/16William and Michelle Winner77 Folsom21-361/13/16David Zook2204 Crestview Drive21-361/13/16Elliot Kirchman2020 Highland21-361/13/16Esther Reed2224 Crestview21-361/13/16Eric and Stephanie Jones2220 Crestview21-361/13/16David and Laurel Waller2236 Crestview21-361/13/16Steven and Harriet Swenson2232 Crestview21-361/13/16Keegan Feeney604 Sunnyside Drive21-361/13/16Sherra Bornheim620 Sunnyside Drive21-361/13/16Don Snyder616 Sunnyside Drive21-361/13/16Ranae Bakel615 Sunyside Drive21-361/13/16Heather Matney615 Pleasant Drive21-361/14/16Owner/tenant611 Ford Drive21-361/20/16Pizza Hut3677 North Main Avenue21-361/20/16Hermesman Family Partnership LLLP3310 North Main Avenue21-361/20/16Steve Rossi3701 North Main Avenue21-36
