Consideration and Adoption of Ordinance No. 2013-01:  An ordinance amending Title 8, Public Ways and Property, Chapter 8-03, Streets and Public Ways, Section 8-03-001-0004, Removal of Snow and Ice, and declaring an emergency.

Amendments to City Code Section 8-03-001-0004, Removal of Snow and Ice, are proposed to enhance public safety, improve existing conditions by ensuring that sidewalks are maintained free from snow and ice in a safe, non-hazardous, and walkable condition following a snow storm. In addition, governmental efficiency will be improved, and there will be savings in staff time and overall City resources through more streamlined and efficient enforcement. It is hoped that these amendments will be adopted under an emergency clause so that they become effective as soon as possible for implementation this winter.

None.

Effective governance

No, not since November 2008 when amendments to this section were approved under Ord. No. 2008-31.

Please refer to Options and Alternatives provided on Page 3.

Section 8-03-001-0004, Removal of Snow and Ice, of the City Code provides requirements for the removal of snow and ice from City sidewalks by adjoining property owners to ensure public safety. The City's first snow clearing code was adopted in October 1915. Over the years it has been updated and improved, with the latest amendments approved in November 2008 when certain clarifying language was inserted into the section. 

For the most part, as a result of extensive outreach by Code Compliance staff over the past few years, most property owners take responsibility for clearing snow and ice from sidewalks after a storm event. This is especially true in single-family residential areas where many property owners are responsive to the City's codes for clearing sidewalks. However, it is in the commercial and multi-family residential areas of the City, and where sidewalks abut vacant and undeveloped lots, where the greatest number of violations are found, and hence where the greatest risks to public safety occur.

In recent years, staff has identified a number of problems with the existing code that includes for example, property owners taking advantage of the two twenty-four hour windows imposed by the ordinance from the last snowfall and from the notice of snow removal to avoid their obligation to remove the snow and ice from abutting sidewalks, or they do so only at the end of the forty-eight hour limit. What this means is that property owners are not clearing sidewalks in a timely manner resulting in unsafe conditions on their the sidewalk, and often pedestrians choose to walk in the street in vehicle travel lanes because it is perceived to be safer. Staff has documented adults of all ages as well as young children walking in travel lanes because it is deemed safer to do so than to risk falling on the ice and snow on the sidewalk (See photographs in Attachment A.). Another problem is that, as written, the existing code requires notice after each snow fall, requiring multiple notices to be sent to the same property owner during the winter months. This is obviously inefficient, cumbersome, and involves an unnecessary use of staff time and City resources. Finally, staff has noted that some commercial and multi-family residential property owners wait for City staff to tell them that  sidewalks adjoining their property need to be cleared before doing so themselves, despite the City's regular notices requiring them to clear their sidewalks clearance. Also, some of these property owners frequently wait for the City to clear the sidewalk and to bill them for the services rendered as they find this more convenient than doing it themselves. For these reasons, staff has prepared amendments to Section 8-03-001-0004, Removal of Snow and Ice, as well as other minor amendments to clean-up the existing text.

The idea that property owners maintain public sidewalks free from snow and ice is common in the United States, and it has been upheld as law by the courts. Staff has conducted research into the snow and ice removal practices of 11 equivalent communities and used the ideas from the City of Boulder as the basis for the amendments to Section 8-03-001-0004, Removal of Snow and Ice of the City Code. It is noteworthy that some communities have much more restrictive standards than those in place and proposed for Flagstaff. Missoula, MT (population 57,000), for example, requires property owners to clear public sidewalks of snow, ice, slush, mud, and other impediments to foot travel by 9:00 a.m. the next day following the snowfall. Burlington, VT (population 39,000), requires property owners to clear public sidewalks within 4 hours of cessation of snowfall if cessation occures in the daytime, or by noon of the following day if the snow ceases during the night. One of the reasons that cities and towns require property owners to clear adjoining public sidewalks of snow and ice is becuase it is prohibitively expensive for the municipalities to do it themselves. The City of Flagstaff has 318 miles of public sidewalk within the City limits, the maintenance of which by the Public Works Division instead of adjoining property owners, would involve the hiring of numerous part time employees and additional supervisory staff, the purchase of new equipment, and other unknown costs and challenges to the organization.

Approval of the proposed amendments to Section 8-03-001-0004, Removal of Snow and Ice, as provided in Ord. 2013-01, will enable the more efficient utilization of staff resources to ensure that public safety by the maintenance of sidewalks are maintained free from snow and ice in a safe, non-hazardous, and walkable condition following a snow storm. Specifically, Subsections A. through D. are proposed to be amended to include a requirement for the clearing of crosswalk ramps as well as sidewalks, improved notification requirements with an annual notice provided to property owners per snow season, and clearer procedures for City abatement of unsafe sidewalks if needed.

Not applicable.

If this amendment to City Code Section 8-03-001-0004, Removal of Snow and Ice, is adopted it will improve public safety existing conditions by ensuring that sidewalks are maintained free from snow and ice in a safe, non-hazardous, and walkable condition following a snow storm. In addition, governmental efficiency will be improved, and there will be savings in staff time and overall City resources through more streamlined and efficient enforcement.

Inform
Flagstaff residents have been informed of this proposed change through one-on-one interactions with property owners when staff have had to discuss with them the need to clear their sidewalks in a timely manner. In addition, the issue has been mentioned on weekly radio programs, advertised on local media community bulletin boards, and posted to the City's web page as part of the January 15th agenda packet.

Option 1. Adopt amendments to Section 8-03-001-0004, Removal of Snow and Ice, as provided in Ord. 2013-01.

Option 2. Adopt amendments to Section 8-03-001-0004, Removal of Snow and Ice, as provided in Ord. 2013-01, subject to any additional amendments agreed to by the City Council.

Option 3.  Do not adopt Ord. 2013-01 and, therefore, leave Section 8-03-001-0004, Removal of Snow and Ice, as is without amendment.

1/15/2013 - CC Read Ordinance for first time by title only.

Second read/adoption scheduled for 2/5/2013

EAB