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About Cottage Grove sentinel. (Cottage Grove, Or.) 1909-current | View Entire Issue (Oct. 21, 2021)
COTTAGE GROVE SENTINEL | OCTOBER 21, 2021 | 7A ORDER be in consensus that the sidewalk order is an undue financial burden and the process neglected to allow for a properly seeking other solutions. Miller said she was wor- ried for families who were still financially struggling through the economic impacts of the pandemic, from A2 sponsibility and fix this.’ It just happened so fast.” Miller said she was dis- appointed more conversa- tion didn’t take place before any decision was made. Other residents impact- ed by the order seem to Fruit Favorites Gift Box ONLY $23 99 * Special, limited- time offer! SAVE $15! Reg. Price $37.99 Call 1-844-950-0018 to order item 296X or Visit HaleGroves.com/H2YF11 * Only $23.99 (reg. $37.99) plus $5.99 shipping and handling per pack to 48 contiguous states. Some restrictions may apply. 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Resident driveways, however, vary in width and construction costs were quoted at $18.50 per square foot. Though more quotes are being sought, some resi- dents felt that the sidewalk order itself felt threatening. In the event a proper- ty owner cannot pay, they may opt for a lien to be placed on their property af- ter the city completes work, but this is not necessari- ly an attractive option for many. When a home lien is placed on a property, it can be more difficult to sell the home, obtain a mortgage or refinance the property. The speed of the process was also a common criti- cism. All residents inter- viewed by The Sentinel said they received their notices of the possible sidewalk or- der on the Friday before the Monday night city council meeting, giving only days to generate a response. Miller said she was away that weekend, causing her time to be even more lim- ited. Others disagreed with the municipal code out- right. One Taylor Avenue res- Worship Directory ident who asked not to be named said he did not think the rule made sense. “We pay taxes. We shouldn’t have to pay for this, too,” he said. During the city council meeting, resident Gerren Castle said he didn’t think old sidewalks should have been grandfathered into the 1996 city code as not all residents would be re- sponsible for equally-aged sidewalks. If, prior to 1996, the city was responsible for sidewalks, the new ordi- nance would have caused an unequal distribution of responsibility. Not all of the stretch of sidewalk under the order is in the same condition, ei- ther. The western half clos- er to 10th Street is relatively well-maintained and resi- dents on this side don’t see the urgency to do repairs. “I don’t think it’s fair,” said resident Maudie Mc- Grady, who lives on the western half. “I know even- tually I need to get it done, but I don’t think we should be forced to do ours when there’s no issues right now.” Another point of crit- icism has been the city code’s 30-day window to come into compliance with sidewalk orders. McGrady said that she contacted a contractor immediately af- ter receiving her notifica- tion in the mail about the possible order. “They said 30 days is not long enough,” she said. “He said he would even go to the city council and tell them that they needed to extend it more than 30 days.” Why Sidewalk Orders? One of the troubles res- idents are having in mak- ing sense of the issue is the seeming arbitrary na- ture of the sidewalk order. Sidewalk orders are very rarely issued and there are no clearly established cri- teria for staff or councilors to turn to before making a decision. Though city staff can recommend a sidewalk or- der, ultimately the decision rests with the city council. Once issued, the city engi- neer is responsible for de- livering the notice to the property owners. Bradsby explained that while the city council can choose to issue sidewalk orders as it sees fit, there is no hard and fast rule re- garding which sidewalks to prioritize. Instead, he said, a common criterion for city staff is safety. Public Works and De- velopment Director Faye Stewart confirmed that the safety concern was a prime motivator in recommend- ing last week’s order. “There’s at least one in- jury caused from the dis- repair of the sidewalk and the [citizen] request was to get the sidewalk repaired, so that triggered the order option,” he said. At the Oct. 11 city coun- cil meeting, councilors were sympathetic to the situation, but still unani- mously voted to issue the order. Councilor Fleck told The Sentinel that a two people falling on the sidewalk in a short window of time was the main driver in his de- cision to vote for the order and he felt the six-month extension was a more rea- sonable window for resi- dents. However, he added that he’s willing to revisit the topic and weigh options such as extending the win- dow again to the summer. At the council meeting, some councilors and staff One solution for oxygen at home, away, and for travel Introducing the INOGEN ONE – It’s oxygen therapy on your terms No more tanks to refi ll. No more deliveries. No more hassles with travel. The INOGEN ONE portable oxygen concentrator is designed to provide unparalleled freedom for oxygen therapy users. It’s small, lightweight, clinically proven for stationary and portable use, during the day and at night, and can go virtually anywhere — even on most airlines. Inogen accepts Medicare and many private insurances! Reclaim Your Freedom And Independence NOW! Call Inogen Today To Request Your FREE Info Kit 1-855-839-0752 © 2020 Inogen, Inc. All rights reserved. expressed concern that extending the order to six months would also extend the amount of time resi- dents would be liable for any injuries on their abut- ting sidewalks. However, city code does not stipulate that a side- walk order must be issued for a resident to be liable. In fact, all Cottage Grove resi- dents are liable at all times for their sidewalks, regard- less of notices. This point in itself has come as a shock to many residents, but holding property owners responsi- ble for their abutting side- walks has been established in Oregon case law for more than a century. Two points, though relat- ed, are often addressed sep- arately in Oregon Supreme Court rulings: responsibili- ty for maintenance and lia- bility for injuries. Many cases have specif- ically revolved around lia- bility for injuries sustained as a result of poorly main- tained sidewalks rather than property owner re- sponsibility for that main- tenance. 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.” Case history has further established that in order to exempt a municipal cor- poration, an “equivalent remedy” must be provided. In many cities, the primary duty of constructing and repairing sidewalks has been placed upon the own- er of abutting property and municipal codes expressly declare the owner liable for failure to perform that duty. 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. MKT-P0108 See ORDER A10 COTTAGE GROVE: 6th & Gibbs Church of Christ 195 N. 6th St. • 541-942-3822 10:00am Christian Education: Pre-K through 5th Tim Baker, Senior Minister www.6thandgibbs.com Calvary Baptist Church 77873 S 6th St • 541-942-4290 Pastor: Riley Hendricks Sunday School: 9:45am Worship: 11:00am The Journey: Sunday 5:00pm Praying Thru Life: Wednesday 6:00pm Church of Christ 420 Monroe St • 541-942-8565 Sunday Service: 10:30am Cottage Grove Bible Church 1200 East Quincy Avenue 541-942-4771 Pastor:Bob Singer Worship 11am Sunday School:9:45am AWANA age 3-8th Grade, Wednesdays Sept-May, 6:30pm www.cgbible.org First Presbyterian Church 3rd and Adams St 541-942-4479 Rev.: Karen Hill Worship: 10:00am Sunday School: 10:00am fpcgrove.com Hope Fellowship United Pentecostal Church 100 S. Gateway Blvd. 541-942-2061 Pastor: Dave Bragg Worship: 11:00am Sunday Bible Study: 7:00pm Wednesday www.hopefellowshipupc.com “FINDING HOPE IN YOUR LIFE” St. Andrews Episcopal Church 1301 W. Main • 541-767-9050 Rev. Lawrence Crumb “Scripture, Tradition, Reason” Worship: Sunday 10:30am All Welcome Seventh-day Adventist Church 820 South 10th Street 541-942-5213 Pastor: James D. Boram Bible Study: Saturday, 9:15 am Worship Service: Saturday, 10:40 Mid-week Service: Wednesday, 1:00 Trinity Lutheran Church 6th & Quincy • 541-942-2373 Pastor: James L. Markus Sunday School & Adult Education Living Faith Assembly 9:15am 467 S. 10th St. • 541-942-2612 Worship Services Sundays: 9a & 11a Sunday Worship 10:30 am Comm. Kitchen Free Meal Tue & Thur Youth Worship Sundays: 11a (all 5:00pm TLC Groups ages welcome) Mondays: 5:30p (6th-12th grades) tlccg.com United Methodist Church Non-Denominational 334 Washington 541-942-3033 Church of Christ Worship 10am 1041 Pennoyer Ave umcgrove.org 541-942-8928 Preacher: Tony Martin “VICTORY” Country Church Cottage Grove Faith Center Sunday Bible Study:10:00am 33761 Row River Rd. Sunday Worship:10:50am & 5:30pm 913 S. 6th Street • 541-942-5913 Pastor: Barbara Dockery 541-942-4851 www.pennoyeravecoc.com Worship Service: 10:00am Lead Pastor: Kevin Pruett www.cg4.tv Our Lady of Perpetual Help and Message: “WE BELIEVE IN MIRACLES” Full Childrenʼs Ministry available St. Philip Benizi Services: 9:00am & 10:45am Catholic Churches CRESWELL: 1025. N. 19th St. Creswell Presbyterian Church Delight Valley 541-942-3420 75 S 4th S • 541-895-3419 Church of Christ Father John J. Boyle Rev. Seth Wheeler 33087 Saginaw Rd. East Holy Mass: Adult Sunday School 9:15am 541-942-7711 • Pastor: Bob Friend Saturday Vigil – 5:30 pm Sunday Worship Service 10:30 am Two Services: Sunday – 10:30 am 9am - Classic in the Chapel For weekday and Holy Day of website www.creswellpres.org 10:30am - Contemporary in the Obligation schedule see website Auditorium OLPHCG.net First Baptist Church 301 S. 6th st • 541-942-8242 Pastor: David Chhangte Sunday School 9:30am Worship Service 10:30am Youth Wednesday 6:30pm cgfi rstbaptist.com Confession: 4 PM to 5 PM Saturdays or by appointment St. Philip Benizi, Creswell 552 Holbrook Lane Sunday 8 am S entinel 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 The Lowest Rates in Lane County PUBLIC MEETINGS, TRUSTEE NOTICES, PROBATE, AUCTION & FORECLOSURE NOTICES, AND MORE. Published weekly in the Cottage Grove Sentinel and online at cgsentinel.com S entinel C ottage G rove Contact: Meg Fringer 541-942-3325 x1200 mfringer@cgsentinel.com MAKO SOLID WOOD Our Worship Directory is a weekly feature. If your congregation would like to be a part of this directory, contact us today! C ottage G rove Public Notices Let us help you select the right wood fl ooring for any room! Stop by our showroom for a free design consultation and estimate. 541-942-3325 1498 E. Main St Suite 104 Cottage Grove, OR 5 DRAWER CHEST Several colors and drawer handles to choose from. 615 Main Street • Cottage Grove • 541-942-8711 homesteadcg.com
