COTTAGE GROVE SENTINEL | OCTOBER 14, 2021 | 11A
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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.
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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
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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
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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!