Who owns the sidewalks in Duncan?
During the recent snowfall a City of Duncan bylaw person visited our building and informed us that we would be fined if we did not shovel the sidewalk in front of our property by 10 a.m. the day of a snowfall.
I have some questions for the city: who exactly owns the sidewalks within the city limits? It seems to me that if the city builds, repairs and maintains the sidewalks, the city is the owner and is responsible and liable for them. If my employee injures his/her back shoveling or slips and falls in the process and sustains a head injury, who exactly is liable? Are my employees covered by WorkSafe BC in this case or does the city have liability insurance for non-city employees working on city property? If my snow clearing is not perfect and a pedestrian slips, falls and sustains an injury am I liable or does the city have coverage?
It seems to me that it is not efficient or reasonable for the thousands of individual citizens in Duncan to be forced to arrange for their own sidewalk clearance. How is it any different than road snow clearance? It would be ludicrous to expect each of us to clear the street in front of our property. It is difficult to hire someone to shovel snow as it is a physically hazardous activity.
But wait a minute, we did hire someone but they decided not to do it anymore! That was the City of Duncan who used to have a small tracked plow to clear the sidewalks. With no consultation, that I recall, they abdicated their responsibility and liability and forced individuals to comply with their new bylaw.
I think we should take the money used for enforcement and revive our shared snow clearing system via the city and get rid of the inefficient and patchwork system we have now.
Keith Grey
Duncan
