COTTAGE GROVE SENTINEL | OCTOBER 14, 2021 | 11A Deadline for Press Releases Is Every Monday by Noon. Email DSHERWOOD @ CGSENTINEL . COM REPAIR from A1 rent width throughout the section is 4.5 feet, while minimum sidewalk width according to the city stan- dards is five feet. It was also noted that one property owner has re- placed his sidewalk within the last five years and he was allowed to construct a 4.5-foot sidewalk be- cause he was matching that width on both sides of his property. Get ready for winter with our stock of wood stove supplies and fi re starter. Resident Responsibility According to Cottage Grove’s city code, both sidewalk responsibility and liability are allocated to the abutting property owner. Under its chapter on nui- sances, the code states that “the owner of real property abutting a sidewalk shall maintain the sidewalk in good repair and safe con- dition” and “the owner of real property abutting a sidewalk shall be liable to any person injured because of failure by the owner to maintain the sidewalk in good repair and safe con- dition.” Another municipal ordi- nance in place since 1996 describes the duties of Cottage Grove landowners to improve adjacent streets and sidewalks that have fallen into disrepair when required by order of the city council. The code states that the order should require the owner to complete the sidewalk work within 30 days of the notice. The city may also do the sidewalk work and assess the cost of the work against the ad- jacent property, in which case a lien may be placed Family owned and operated for over 50 years. LANDSCAPE AND BUILDING MATERIALS Tuesday-Saturday 9am-5pm 7919 N. River Road 541-942-4664 TURNING 65 AND NEED HELP WITH YOUR MEDICARE CHOICES? Call Paul to help simplify the complicated. 541-517-7362 Paul Henrichs ~ Independent Agent coverage4oregon@gmail.com What’s Rotary? Public Notices We focus our time, energy, and efforts on service projects encompassing: on the property. Liability is also a concern for residents. Oregon case law over sidewalk responsibilities and liabilities go back more than 100 years. For many cases, the issues revolved around liability for inju- ries sustained as a result of poorly maintained side- walks rather than property owner responsibility for maintenance. In 1917, the Supreme Court of Oregon ruled in favor of the City of Vale over a citizen complaint in which a sidewalk had fallen into disrepair. The plain- tiff was seeking to recover damages for an injury sus- tained while stepping into a hole of a defective sidewalk. The court ruled that “by virtue of its city charter, the city was exempt from lia- bility.” Furthermore, the court held that in order to ex- empt a municipal corpora- tion, an equivalent remedy must be provided. Here the primary duty of construct- ing and repairing sidewalks was placed upon the owner of abutting property and expressly declared the own- er liable for failure to per- form that duty. This point has uniformly been upheld and was fur- ther established as doctrine that while the city may ex- empt itself, it can only do so when it leaves the injured person a remedy against someone. In Cottage Grove’s case, both responsibility and li- ability have been allocated to property owners, thus meeting the standards for the city to exempt itself. In exploring solutions for residents, City Engineer Ron Bradsby laid out some options, starting with city responsibilities. “The city has to hire a contractor to replace the rolled curb. That’s on the city,” he said. “We’re going to explain to the property owners that if they want, they have an opportunity to let the city’s contractor come in and do their side- walk as well if they do not want to perform it.” Bradsby was also able to obtain some quotes on con- struction costs. With each of the 11 lots at 60 feet in length, and at $10.50 per square foot, it would cost the property owners $3,150 each for re- moval and replacement of a five-foot sidewalk. Resident driveways, how- ever, vary in width and con- struction costs were quoted at $18.50 per square foot to bring them up to code. Bradsby recommended that the one resident who had already improved his sidewalk be given an excep- tion. “We felt he’s made an in- vestment to try to improve his property. Staff allowed the four-and-a-half-foot sidewalk, basically because that’s what he was matching to at the time. And we pro- pose that the city pay,” said Bradsby. Mayor Jeff Gowing opened the topic up for public comment as many residents were in virtual at- tendance. A resident identified as Yve said she felt the 30-day notice was an “undue bur- den” as the “unprecedented times” would make it hard for residents to get con- struction done in time. She also reported that after briefly talking with neighbors about their fi- nancial situations, “it sounds like the consensus would be to go for that grant,” referring to the pos- sibility of applying for a fu- ture Safe Routes to School grant. Resident Gerren Castle The Lowest Rates in Lane County PUBLIC MEETINGS, TRUSTEE NOTICES, PROBATE, AUCTION & FORECLOSURE NOTICES, AND MORE. Local Projects: High School Scholarships, Bike Helmets for Lincoln Middle School, Literacy, Crousel Wheelchair Space, Aquatic Center Mural, downtown Bike Lockers and Playground Equipment for Coiner Park Global Projects: Thai Library Project, Clean Water in Central America Published weekly in the Cottage Grove Sentinel and online at cgsentinel.com Become a member today. S entinel C ottage G rove Contact Karol Kuhn Simons rotary424cg@gmail.com Contact: Meg Fringer 541-942-3325 x1200 Service Above Self mfringer@cgsentinel.com Let us help you select the right wood fl ooring for any room! Stop by our showroom for a free design consultation and estimate. An Unparalleled Selection of Quality Wood Flooring Natural Hardwood | Engineered Hardwood Pine Flooring | Sustainable Bamboo Distressed Hardwood | Vinyl | Tile Rogers and Son Floor Covering 1324 E. Main St. | Cottage Grove 541-942-0500 |rogersandsonfl oorcovering.com told the council he didn’t think old sidewalks should be grandfathered into the 1996 city code in regards to land owner responsibility as not all residents would be responsible for equally aged sidewalks. Councilor comments were sympathetic to the situation. Councilor Mike Fleck advised that waiting for grant funding may not be a reliable way to pay for the construction and rec- ommended low-interest loans by way of lien. He did agree, though, that extending the amount of time residents have to improve their sidewalks until the next construction cycle would be a beneficial move and proposed a six- month window. Councilor Greg Ervin agreed with Fleck on the extension, but cautioned that “the thing we are up against is repeated injuries.” City Manager Meyers echoed the warning by say- ing that “any kind of exten- sion on time is going to put some risk on the property owners because they are responsible for the main- tenance of those sidewalks and injuries that occur could be a liability against them and their property insurance.” Councilor Jon Stinnett supported the time exten- sion as well. “I can understand that this feels like a raw deal for some people that came to us looking for help,” he said. “I do think the side- walk needs to be replaced and that recent incidents have brought that to light … So I think we need to do it, but give some time for things to happen.” Councilors were unan- imous in amending the sidewalk order to extend the window to six months. Bradsby added that more construction quotes will be obtained to bring more op- tions to the table. The next regular city council meeting is scheduled for Oct. 25, 2021 at 7 p.m. in the Council Chambers at City Hall. Virtual atten- dance is possible by clicking on the link on the corre- sponding meeting’s agenda page. This can be found by going to the city’s website at www.cottagegroveor.gov, selecting the “Your Gov- ernment” tab, clicking on “Agenda and Minutes” and viewing the details of the appropriate agenda. Past council meetings can be viewed on the City of Cottage Grove’s YouTube channel. Your Business is INVITED! H o ot inann WHAT: HALLOWEEN HOOTINANNY!! CG’s FIRST EVER: “ Walk y N E A H L OWE L Through Bohemia Park” TRICK OR TREAT EVENT WHEN: OCT 29 TIME: SET UP AT 1. Participant Walk Through 3-6 WHERE: BOHEMIA PARK *Business locations will be assigned ** A 10x10 Pop Up Tent WILL BE PROVIDED (for the first 40 businesses that respond) 29 OCT 3 pm to 6 WHAT’S DIFFERENT THIS YEAR: *Participants will wonder the sidewalks of Bohemia Park in a one way only fashion, stopping by businesses tents to ‘trick or treat’! *Businesses will be spread out throughout the park (along the sidewalk) 50+ feet in order to keep social distance *Businesses are encouraged to dress up and get creative, participants will be voting on an array of categories! *Mask must be worn by anyone 3 and older while ‘in the park’. Trick or Treat in Bohemia Park pm Bring your - " 10 th Street , Cottage Grove Ghosts and Ghouls " out for a spook tacular time in Bohemia Park . - Call or email the chamber to reserve your FREE spot! 541-942-2411 office@cgchamber.com Wear your masks and stay socially distanced For more information contact the Chamber info @ . cgchamber com or 541-942-2411 : Your Business is INVITED!