Snow Removal - Responsible vs Liable
Ice/Snow Removal does the property owner have liability, responsibility, or both?
As the winter storm of 2021 is underway, have you wondered who is responsible for removing the ice and snow, when to remove it, where to remove it from, and who is liable if it isn’t removed should someone fall? This question is often asked by Landlords and tenants, as this item is often not addressed in lease agreements.
However, the city of Portland Ordinance 17.28.025 clearly states the property owner is responsible for the removal of ice and snow;
From any sidewalks bordering their property lines
Shoveling snow or removing ice down to the concrete
Removing snow and piling it in a safe area – not back in the road or on the neighbor’s property
Making a clear path that is three feet wide
Posting a warning sign for pedestrians to take precautions is advised but not required
Some leases require tenants to share in the responsibilities of the tasks above, but this shared responsibility does not shift the liability to the tenant should someone fall as a result of not performing these tasks.
Are you prepared for snow and ice removal? Even more important, do your tenants know what their responsibility is, and are they prepared to fulfill their obligation? It doesn’t snow in Portland every year, and without a plan and preparation, it will be difficult to be ready. Snow Shovels and Ice Melt sells at local hardware stores, tenants don’t know what they need to do, and a high-risk situation is created.
Additionally, are your leases up to date with the City of Portland and Multnomah County ordinances? Does your property manager ensure you are safe from the liabilities associated with mother nature’s shifting conditions?
At Westy Properties we have you covered. We are currently communicating with tenants on their responsibilities and ensuring they have the tools to fulfill those obligations. We are prepared to jump in this winter and ensure your property is safe, review your leases or update them, and, if needed, step in longer-term to manage your property. Contact us today to help us protect your real estate assets.
Snow Removal Laws in Oregon
OR Rev Stat § 90.320 (2017)
(1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. Buildings, grounds, and appurtenances at the time of the commencement of the rental agreement (should be) in every part safe for normal and reasonably foreseeable uses
The City of Portland’s City Code 17.28.025
A. The owner(s) and/or occupant(s) of land adjacent to any street in the City shall be responsible for snow and ice removal from sidewalks abutting or immediately adjacent to such land, notwithstanding any time limitations.
B. Property owner(s) and/or occupant(s) shall be liable for any and all damages to any person who is injured or otherwise suffers damage resulting from failure to remove snow and/or ice accumulations.
C. Property owner(s) and/or occupant(s) shall be liable to the City of Portland for any amounts paid or incurred consequent from claims, judgment or settlement, and for all reasonable investigation costs and attorney fees, resulting from the responsible property owner’s or occupant’s failure to remove snow and ice accumulations from such sidewalks as imposed by this Code.