I shoveled today. Did you?

I saw h's comment about light fluffy snow.  Maybe he lives in a different city?  That was some heavy wet snow made worse by those people who inconsiderately walked on it before I got home. ;-)  

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Permalink Reply by grayn8 on March 7, 2013 at 5:26am
It is like a zen koan. The bell is what we see but we hear the sound because of the air in the bell.

I think most of us just equate the water vapor with the steam. Transition states and sublimation and all other goodies asides, I (no sarcasm) biked through a wonderful single track maze made by a combination of melting, manual shovelling, and snow plowed drifts. Today my chaotic fun path is clean and no more. I will miss some things about winter as much as I'm waiting for spring.

h' 1.0 said:

How about "mist?"  Can I say "mist?"

Anyways, we will never have to discuss snow shoveling again this year! Woo hoo!

Permalink Reply by Jason W on March 7, 2013 at 10:35am

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.

David crZven 10.6 said:

The law says that the responsibility of shoveling falls on both owners and tenants.  Thus even if you rent, you are supposed to shovel.    I (unfortunately ;) ) missed much of the recent snow, having to go to Naples Italy on a business trip.   My wife did the shoveling, but I don't think she did the bike lane.  But I was back for yesterday.   It was nasty and heavy.  I managed to get the sidewalk and the bike lane in front of our place.  It really did not take much time.   We should really encourage everyone to shovel both their sidewalks, and if they live next to the bike lane, the bike lane.

Permalink Reply by Crazy David 84 Furlongs on March 7, 2013 at 10:43am

Someone's about to have a loss of fecal material.   Near my kid's school is a house that always is on the phone complaining to the alderman about one point or another and apparently is one of those privileged jerks that need to be taken down a peg.  Its a big corner lot.  I noticed today that her sidewalks are not shoveled.   They are the only unshoveled walks on the block and are quite slick.   I have photos.    I am sending a letter to the alderman today with a certified return receipt copy to her.   The sum and substance of the letter:

1.  She is always invoking the help of the alderman and demanding behavior from others

2.  Shoveling is a basic duty of being a neighbor and the law.  

3. I am particularly concerned because my son slipped on his way to school and broke his arm.  (true)

4.  He slipped on an unshoveled sidewalk.  (true).  

5. It was a costly experience (true).

  

6. Failure to follow the law may create legal liability when the harm arises out of failure to perform the required duty.  (True). 

Now as it happens, the slip was not on her walk and I am not going to sue anyone.  But that's not in the letter.  Its just too hard to prove.   But the recipient, I suspect, will be concerned that a law suit may be on the way.  

I might add, I am a lawyer and the certified letter will thus be from a law firm....

Permalink Reply by Jason W on March 7, 2013 at 11:01am

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.

Permalink Reply by Crazy David 84 Furlongs on March 7, 2013 at 11:37am

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.   

Permalink Reply by Jason W on March 7, 2013 at 12:01pm

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

Permalink Reply by Kevin C Dormant on March 7, 2013 at 3:28pm

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]

Permalink Reply by Jason W on March 7, 2013 at 3:47pm

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.

Permalink Reply by Kevin C Dormant on March 7, 2013 at 3:59pm

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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