Jan. 23--When it snows, most suburban homeowners clear sidewalks in a timely fashion.
But every neighborhood seems to have one house that lets the white stuff pile up, making the morning trip around the block tricky for dog walkers and devoted exercisers.
Julius Hansen believes some are hesitant out of fear of their legal responsibility should someone slip and fall in front of their house.
"That's my theory of why people don't remove the snow," said Hansen, Glen Ellyn's public works director. "I've heard this from a few people now. That if they change or alter the snow on their sidewalks, once they intervene, they could possibly be liable if someone falls."
So with each winter, the "to shovel or not to shovel" debate ensues, neighbors say. Since Glen Ellyn has no village ordinance mandating residents shovel, there's no punishment for those who leave the snow untouched and watch it pile day after day.
The village joins a number of western suburbs, such as Downers Grove and the Tri-Cities in Kane County, that don't require or enforce sidewalk shoveling, or ticket properties for not shoveling. Last week, the Elgin City Council expressed little interest in creating such an ordinance, citing the difficulties of cost and enforcement.
Glen Ellyn resident Jane Newkirk, who lives on Greenfield Avenue, said neighbors don't have much of a choice as to whether to shovel because Abraham Lincoln Elementary school is located down the street, and children rely on the sidewalks to get to school. Newkirk typically adds shoveling to her winter morning to-do list, unless a courteous neighbor with a snow blower plows the sidewalk for her entire block.
"If someone doesn't do it, someone else will," she said.
Those who opt out of shoveling risk endangering not only their fellow neighbors but mailmen as well, who trudge through heaps of snow, one snow-booted foot after another, to reach mail slots on front porches.
"Even if they remove the snow from their driveways, they leave the stupid (porch) stairs for me to have to go up," said a local mailman who declined to be named. "I'm constantly worried about getting hurt. And if I did, the post office could tell me, 'Well, maybe you just weren't wearing the right shoes.'"
City officials say residents shouldn't worry about shoveling liabilities, and for the most part, they're right, said Jonathan Crannell, an attorney with Naperville-based firm Marker and Associates.
The Illinois Snow and Ice Removal Act insulates residential homeowners from liability should someone slip and fall on their sidewalk, by making it difficult to prove the accident was the result of negligent snow or ice removal. One purpose of the legislation, Crannell said, is to make sure children can get to school safely.
"To shovel or not to shovel? The answer, now, is yes," he said. "Even if someone negligently shoveled their sidewalk, they wouldn't be responsible for any injuries. A reckless disregard for safety would have to be proven, and that's a tough thing to prove."
He called the act a "double-edged sword" because it also insulates company-owned apartment complexes from liability, even though those complexes often hire a professional company to remove snow. Under the act, should the snow removal do a negligent job in removing snow and cause someone to fall, the apartment complex wouldn't be held liable if sued, Crannell said.
With regard to businesses, Crannell advises they hire a reputable snow removal company that carries its own insurance, so that the business not be held liable in the event of a slip-and-fall accident.
While most western suburbs rely on neighbors voluntarily shoveling sidewalks, several municipalities have ordinances prohibiting people from piling or shoveling snow onto public rights of way. City officials worry that if a resident places a pile of snow on a street that's been cleaned and salted, the snow will form a frozen iceberg that's hazardous to cars and difficult to remove.
Municipalities like Wheaton and St. Charles issue notices to residents about the rule at the beginning of winter. Violators, if caught, will often be issued a warning or reminder.
"We prefer to work with property owners, tenants and residents, and be helpful where we can," said AJ Reineking, St. Charles' public services manager. "If it's a large amount that's hard for a regular resident to remove, we try and help. Fortunately, we've only had a couple of events this year."
The main issue this year for municipalities has been January's frigid temperatures. The cold temperatures following snowfall cause ice to develop more frequently, said Vince Laoang, Wheaton's public works director.
"The one snow ice event a few weeks back had rain proceeding the snow which proceeded the cold temperatures," he said. "So instead of snow piles, it's basically large chunks of ice."
Hansen, Glen Ellyn's public works director, said less than an inch of snow in that situation can create slippery conditions, requiring officials to use far more salt than they would normally use.
"It hasn't put us over budget, but when you look at the depth of snow we received and the amount of salt it took to make the streets safe, there's a disparity," he said.
meltagouri@tribune.com
