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February 21st, 2007
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Sidewalks
Shoveling complaints mount throughout town
by JESSICA L. FINCH Associate Editor

Sidewalks near the I-290 ramps on Niagara Falls Boulevard remain snow covered a week after a storm blanketed more than 6 inches on the area. Hundreds of complaints have been filed by the Building Department about the same conditions throughout town. Photo by John Rusac Purchase photos at www.BeeNews.com
Due to a late winter, Amherst residents didn't have too many shoveling days until February. But when the snow came, did they uphold their responsibility?

(See editorial on page four)

The results have been mixed, with some sidewalks cleared after last week's Valentine's Day storm and others still impassable by pedestrians as of Monday.

On the commercial side of Sheridan Drive between Evans Street and International Drive, the sidewalks were shoveled, but across the street only driveways were clear, with sidewalks apparently untouched.

The same could be said for many areas of town, including such major roads as Niagara Falls Boulevard and Sweet Home Road. A longstanding town code requires that property owners shovel the sidewalks abutting their properties.

"When we get complaints we put people on notice to clear the snow and ice from sidewalks," said Thomas Ketchum, town building commissioner.

He said residents are first given an official notice. If they don't cooperate, then summonses are given and fines administered. The first fine is $25, the second is $50, and the third and consequential fines, are $100.

"Complaints have been coming in since the snow has been flying … it's into the hundreds," Ketchum said, but he didn't have a total number available.

According to Ketchum, most of the complaints are about residential properties.

"The general rule is that sidewalks need to be cleared 24 hours after the end of a snowfall," he said, adding that there is a grey period about when that is.

An analysis of the town estimates that 25,000 of the more than 42,000 parcels have contact with a sidewalk. With that volume it's difficult for the building inspectors to patrol even a portion of potential violations.

"Each and every time it snows there is a potential for 25,000 violations; even half of that is 12,500 (residents) left to deal with," he said.

According to Ketchum, residents need to handle the problem and clear the walks.

"It's a public safety issue; it's their civic duty," he said. "It's about being a good neighbor."

He said the department is mak- ing an effort to respond to all the complaints, however, there aren't enough personnel to handle sidewalk inspections in addition to housing inspections and details.

"Everything we deal with is a safety concern," Ketchum said. "We can't do just nothing but sidewalks."

Residents who know of an ongoing, dangerous situation can call the Building Department at 631-7080 to file a complaint.

In the Village of Williamsville, which isn't part of the town's Building Department, residents and businesses are also responsible for cleaning their sidewalks.

Trustee Brian Geary said the village's Department of Public Works plows walks when personnel are available.

Amherst residents can review the sidewalk code on the town's Web site, www.amherst.ny.us. Under "Government" is a link for "Town Code & Ordinances," and the code number is 83-9-5 - Owner Responsibility.

The town's Highway Department is facing a new challenge as New York State stops caring for many sidewalks that were formerly under its jurisdiction.

Highway Superintendent Bob Anderson said the state has the right to turn over the responsibility of sidewalk cleanup on state roads to the town. Currently the town has 36 of those situations.

"It's getting to the point where I am almost ready to develop that as another route," he said.

On Tuesday, 10 crew workers were assigned to sidewalk duty. The town is trying a snow blower, but it can be a dangerous situation when miscellaneous car parts and trash are buried in the banks, Anderson said.

Most recently the Highway Department became responsible for the sidewalks on Sweet Home Road under the Interstate 990 overpass.