I shoveled today. Did you?

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Permalink Reply by Jason W on March 7, 2013 at 4:01pm

Since you are a lawyer, care to comment about the constitutionality of laws requiring citizens to upkeep public property without compensation? I always felt this law was one of the many laws they pass that is unconstitutional, unenforceable, and isn't really meant to be enforced. They are really just a mechanism to get votes and keep demagogues in power.

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Permalink Reply by Crazy David 84 Furlongs on March 7, 2013 at 4:37pm

I would argue that the law is absolutely Constitutional.   Society has the right to impose duties on its citizens, from Jury Duty to Military Service.    In the case of Jury Duty, the service is essentially uncompensated. 

In the case of shoveling, it is intended to serve a public good -- keeping the sidewalk open to allow the sidewalks to be used after a storm and to prevent injury caused by falls on unshoveled sidewalks.  The fact that it is not enforced, does not mean that it is unenforceable.   As for getting votes, that's ludicrous.  No one votes for an alderman based on whether they support a law requiring the shoveling of walks.   

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Permalink Reply by Jason W on March 7, 2013 at 5:01pm

Thanks for taking the time to respond.

Jury duty and military service are both compensated. I get what you are saying, payment for jury duty is a pittance, but it is compensation. I also see a difference between those duties and maintaining public property. What next, sweep the streets? Citizen must washing cop cars and ambulances day? We aren't even provided with any tax breaks or equipment for snow removal.

And if you don't think people vote on snow removal, you don't know much about the history of this city. Just ask Bilandic.

Anyway, I wasn't trying to start a debate, but always wondered what a lawyer thought of it. thanks

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Permalink Reply by h' Zerocats on March 7, 2013 at 8:08pm

Cam, I'm not really sure what you mean by "the lease rider."

I use a standard Chicago lease and here's what it says about snow clearance:

4. Use of Premises. The demised premises shall be used and occupied by Lessees exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessees for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family residence. Lessees shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease.

...

12. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and

appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks free from dirt and debris; and, at his sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee’s misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises, not due to Lessee’s misuse, waste, or neglect or that of his employee, family, agent, or visitor, shall be the responsibility of Lessor or his assigns.

Lessees agree that no signs shall be placed or painting done on or about the leased premises by Lessees or at his direction without the prior written consent of Lessor.

Cameron 7.5 mi said:

Typically responsibility for upkeep including snow removal is spelled out in the lease rider. If the lease rider says it's someone else's responsibility, than tenants have every right to complain about doing it. Expecting someone to hold up their end of a contract isn't an out of control sense of entitlement.

Jason said:

Thanks for mentioning this. I am so tired of renters with a sense of entitlement that they don't have to do anything and can complain about everyone else.

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Permalink Reply by Kevin C Dormant on March 7, 2013 at 8:28pm

A lease rider is an attachment to the standard lease setting forth rights and responsibilities associated with that particular property. My reading of your paragraph 4 and 12 is that the lease is silent regarding snow removal. "Cleanliness," "dirt," "debris," aren't "snow," and "sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto" doesn't require snow removal.

Snow removal is typically a responsibility retained by landlords since they are the ones who are fined if the city finds their snow removal to be deficient. If you want tenants to remove snow, it should be spelled out in a Rider.

If 

h' 1.0 said:

Cam, I'm not really sure what you mean by "the lease rider."

I use a standard Chicago lease and here's what it says about snow clearance:

[snip]

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Permalink Reply by Jason W on March 7, 2013 at 8:47pm

Kevin, where do you get that the landlords are always fined?

Here's a helpful relevant link.

https://www.cityofchicago.org/city/en/depts/cdot/supp_info/sidewalk...

I can't find where it really says.

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Permalink Reply by Kevin C Dormant on March 7, 2013 at 8:59pm

I didn't say "always." I don't know whether the ordinance is ever enforced, and if so, how often. But if a citation is issued, it will be a citation in the name of the property owner.

Jason said:

Kevin, where do you get that the landlords are always fined?

Here's a helpful relevant link.

https://www.cityofchicago.org/city/en/depts/cdot/supp_info/sidewalk...

I can't find where it really says.

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