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Sunday, January 13, 2008 12:04 AM CST
Sidewalk sand bill upsets homeowner
Bob Macek is frustrated by a $49 bill from the city for sand spread on his sidewalk. (Globe Gazette photo by Sarah Aronsen)
MASON CITY — Bob Macek of Mason City thinks the city did him wrong.

“Those Shylocks at City Hall extracted a pound of flesh from me,” he said Friday, “and I want it back.”

Macek, 82, a retired Mason City teacher who is legally blind, said he worked hard last month to get ice off his driveway and sidewalk.

It took him several days and a total of about 30 hours, said Macek, who lives at 1123 N. Virginia Ave.

“I measured my progress each day on how many cement blocks of sidewalk I got done. I had the whole thing cleared by Dec. 30.

“Nobody came along and said ‘Thank you’ or ‘How you doin?’ but I got a great deal of satisfaction from a job well done,” he said.

He was feeling pretty good about it until Jan. 7 when he received a bill from the city for $49 for snow and ice removal.

The city had apparently  spread sand on his ice-covered sidewalk before he had cleared it off.

“They made a liar out of (Mayor) Roger Bang,” said Macek. “Roger Bang said the city would be flexible and reasonable and for people not to worry about it.

“I did as much as I could every day for as long as I could.”

Macek said he has talked with City Administrator Brent Trout and with Councilmen Scott Tornquist, Jeff Marsters and Max Weaver about his situation.

“Forty-nine dollars is a lot of money to someone on a fixed income,” he said.

Macek said Trout told him the city has a procedure and that if they made an exception for one person, they’d have to do it for everybody.

“All the city did was put some sand down, and they charged me $49 for it,” said Macek.

“I told the council people the procedure should be to warn people first. I want the ordinance changed so that people have fair warning.”

Trout was not available for comment Friday. But Macek’s complaint was referred to Pat Otto, neighborhood specialist.

Otto said snow and ice complaints are handled differently than summertime complaints about lawns needing mowing and similar things.

“We don’t send a letter about snow and ice because it’s a safety issue. When we get a complaint, it needs to be taken care of immediately,” she said.

Otto said the ice storm occurred on Dec. 1. “I was told the city would postpone taking complaints for a week. The first time we did any sidewalk cleanups was Dec. 13. That’s two weeks after the storm,” she said.

She said she doesn’t know anything about anyone’s personal circumstances when someone calls and complains about their property.

“Our contractor goes out and takes before-and-after pictures when they do someone’s sidewalk so it shows what they did,” said Otto.

“We’re not trying to be punitive — but now it is a month and a week after the storm.”

Marsters said city photographs taken of Macek’s walks on Dec. 21 show that they were still ice-covered 21 days after the ice storm.

“I know this is a certainly difficult situation,” said Marsters. “However, it is and has always been the responsibility of the property owner to clear or have sidewalks cleared. How do we make different rules or exceptions for some?

“And, the city does not look for violations; they only respond to complaints,” Marsters said.

“This whole thing has soured me on the city administration,” Macek said. “If someone was thinking of moving to Mason City and asked me about it, I’m not sure what I’d tell them.”


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Showing The Last 21 comment(s) Comments On This Story

ZZTOPDAMAN wrote on Jan 15, 2008 2:03 PM:

" Umm let me see. the city will never comment cause they know there wrong. YOU SAID THAT ICE REMOVEL WOULD BE SUSPENDED AND NEVER SAID THAT IT WASN'T PUT BACK INTO EFFECT. if it is a saftey issue let the police deal with it. I think its just another way for the city to shew people out of this town. "

What Its Worth wrote on Jan 15, 2008 10:53 AM:

" It's quite simple really, if people were responsible and took care of their responsibilities; these laws/ordinances wouldn't even exist. And, don't you think the mayor's giving more than the 48 hours was kinda a warning to get your walks clean. He even specified to the end of the week, yet the city waited nearly two weeks. "

What Its Worth wrote on Jan 15, 2008 9:49 AM:

" Like this is a new thing! As you can see, some of this ordinance has been in affect since 1953.

5-1A-7: SIDEWALKS KEPT CLEAN, FREE FROM SNOW AND ICE:

B. City May Remove Snow And Ice: Whenever the occupant or owner of any such lot or parcel of ground shall fail or refuse to remove the snow and ice or to sprinkle material upon frozen ice, as required by subsection A of this Section, the City may proceed to clear said sidewalks of snow and ice and may assess the actual cost and expense thereof against each such lot or parcel of ground. (R.O. 1953, 57-2)
"

rj dio wrote on Jan 15, 2008 8:23 AM:

" In reading the story, I imagine if you dropped by at 1123 N. Virginia Ave you'd find him. "

mrmotivation wrote on Jan 15, 2008 1:50 AM:

" Globetrotters - Tell me how I can get ahold of Mr Macek and I will pay the entire $49 for him. This is ridiculous! "

Another Mom wrote on Jan 14, 2008 8:35 PM:

" I’m glad the Globe wrote a more detailed article about this incident. I too was angry at the city until I knew the full story. I agree with rooster. $49.00 is not out of line when you take into consideration gas and wages. I also agree with the posters who suggest we all call to complain about any city owned property that has not yet been cleared properly. "

rooster wrote on Jan 14, 2008 5:37 PM:

" Are the complaints because the man was elderly and blind or just because the city did the work and billed him? I understand the human compassion side of this but the larger picture is that the city answered a complaint that needed to be addressed. The $49.99 was most likely for sand, at least one city worker, vehicle and gas to and from Mr Maceks house. If the city had not acted on the complaint and someone got hurt bad on the icy sidewalk and sued, the $49.00 bill would look like peanuts. "

lovemasoncity wrote on Jan 14, 2008 11:57 AM:

" I'm willing to pay part of that stupid fine, if this elderly man can not afford it!' somebody tells me how can I do that! "

eagle wrote on Jan 14, 2008 8:07 AM:

" You know, the funny thing is he's just now receiving a bill for something that was done almost a month ago. And to top it off, he's surprised to see a bill so that means what was done sure wasn't that noticeable. He went out everyday until the 30th and the sand was poured the 13th. It obviously wasn't very much sand.

$49, give me a break. What they need to do is look at any City Government property and look to see if their sidewalks are cleared. For every one that isn't tally $49. Add that up divide it evenly between all the people who were billed $49 and give it back up to $49. So if there are 20 city buildings out there with sidewalks not cleared and 50 residents that were billed for this, each resident that was billed should receive $19.60 or have that deducted from their bill. I think it only fair. The city needs to practice what they preach. "

LM Girl wrote on Jan 13, 2008 10:14 PM:

" So let me get this straight. The city is able to pick the phone up to have some guy go out and take pictures and scatter alittle sand down for $49 but can't pick the phone up and give the property owner a chance to do the same thing for about $2- which guaranteed the property owner would probably be quicker than a hired contractor. I will bet that a contractor does not drop what ever he is doing- race down to the icey sidewalk and take care of it immediately. What a racket! I'm obviously in the wrong business! You all are making a killing! I think it's sad and dispicable that Mason City would make that big of a profit on people that are elderly, blind and uncapable of doing it on their own obviously!!! I would like to know how these city officials sleep at night. What's next? Maybe you could start charging each child $49 to play at the playgrounds to pay for the upkeep! Then all the city officials could get raises!!! You people should be ashamed!!!! "

chester wrote on Jan 13, 2008 6:54 PM:

" Go get 'em Mr. Macek (from another student from his past). I too have seen City sidewalks that have not been cleared...........The ice storm was unusual and it did not warm up very much to melt any of it. A phone call or knock on the door would have been appreciated confirming that the citizen knew the city was fining him $49.00 for the sand they were going to put down. Another ordinance that kind of slipped through the cracks again. The mayors words were kind of vague, although I don't remember them exactly. He did say the citizens would be given "extra" time. "

papertosser wrote on Jan 13, 2008 6:25 PM:

" I agree the people of this community need to help there neighbors, but we are all busy and don't always see what needs to be done. Thirty days is along time to clear the ice and it was on tv and in the paper about the one week reprieve. From the stand point of a delivey person who is out at 2 am it is extremely dangerous. I had a sub for me and she fell on an unclean walk and she was knocked out. Luckily she came too in a short time. It could have been deadly. The er bills were way more than 49 dollars and lost wages. I can guarantee there was no home owners insurance to cover the costs. Think about those you never see and yet your paper, mail and packages still arrive. I applaud the globe for street side paper tubes it is alot safer for their people. "

My thoughts wrote on Jan 13, 2008 3:14 PM:

" I wonder who the person complaining was, how able bodied they were and could they have helped an older person by chipping ice or putting out sand themselves instead of complaining?

Times have changed. When I went to school one of the girl classmates always cleaned the walk of her elderly neighbor before going to school. Older people were revered and taken care of. Does this man have able bodied neighbors who could have helped out? If any feel guilty now maybe they can pay his fine for him.

Rules may be rules, but common sense and decency need to accompany them. "

desmoinesdave wrote on Jan 13, 2008 2:49 PM:

" A couple of points here

1) If the City receives a complaint about ice on a sidewalk and does nothing about it, they are legally responsible for any damage from someone who may slip and fall along with the property owner.

2) The gentleman lives about 3 blocks from Harding School, along one of the busiest streets in the City. This is obviously an area that receives a large amount of pedistrian traffic.

3) It's the homeowners responsibility to maintain sidewalks. Maybe Mr. Macek has children, or neighbors that could help him.

4) You can't legally enforce the law some of the time, or allow special regulations for some residents, as that could open the City up for a possible lawsuit.

"

singlemom24 wrote on Jan 13, 2008 2:39 PM:

" I am a single parent, i have a bad back and can't get out to shovel but i have really nice neighbors who plow my sidewalks and driveway. I also have children who get out and shovel even when they don't want to. I know it is not easy for some people to get out and get this done, and even harder if they have to pay to get it done when they are on a fixed income. Maybe one way the city could help is by finding some nice people who would be willing to go and plow or shovel for people who cant do it themselves or don't have family. Maybe these people could do it for a small fee such as the cost of gas or for $10 or $15 dollars. I wish i had to money to help pay his fine, and maybe there should be exceptions to the rule. Some people are just to proud to ask for help no matter how much or little they need it. "

QUASAR wrote on Jan 13, 2008 12:39 PM:

" are you going to say your real name or use iowaguy when you call? "

Citizen x wrote on Jan 13, 2008 12:36 PM:

" $49 Dollars for putting sand down that took what 10 minutes. I agree in most case's the rules should be enforced but I think that maybe a little slack should be made to people that are elderly, blind and have a hard time getting around. Give me a break I can't wait to see what happenes when the city concil members get to this citiziens age and see how fast they can get things done. What a Joke. I can under stand the street issue but this is a little to steep. What a joke did they ever think he does not have any family anymore and I know this day in age some people wouldn't even think about helping their neighbors
"

chiefmom wrote on Jan 13, 2008 11:35 AM:

" Mr. Macek is a very sweet elderly man who has trouble getting around and seeing. Still I see him out in his yard almost daily mowing, trimming, shoveling and chopping ice. The ice storm was awful this year and it was very hard to get it off of the walks. Yes, it is a hazard, but everyone was aware of the difficulty in getting it up & aware of the difficulty in walking on it. I don't see why a letter or a phone call couldn't be done to alert the owner that a complaint was filed. That way the owner would have warning to either get it done themselves or hire it done. The owner could even put sand out like the city did and it sure wouldn't have cost him $49 for it!! "

Watcher wrote on Jan 13, 2008 10:46 AM:

" This version of the story is not nearly as outrageous as the one posted on-line Saturday. I believe the City acted correctly in responding to the complaint. I don't feel notice is necessary as ice on the sidewalk is a safety issue (unlike unmowed grass in the winter where no one will fall and be injured).

So, my question for the Globe is, why did you post the half-story on-line without telling the other side of the tale? "

An Interested Party wrote on Jan 13, 2008 9:28 AM:

" The city isn't wrong and neither is this gentleman. Perhaps he could have asked for help? PERHAPS THE PERSON WHO TURNED HIM IN COULD HAVE HELPED. My questions for the city are as follows... How many complaints do they get? I suspect not many, as I've never heard of this. Why can't you give a warning? "

IowaGuy wrote on Jan 13, 2008 5:28 AM:

" I've seen a few city owned property that still has ice/snow covered sidewalks.

Time to start complaining. That or i will write up my own violation, and had it to the city administrator. I say have the city put up 49 dollars for each violation the public notices about the city not doing what they promote (and ticket other residents for).

Call the city up and get your voice heard about this one, i am). "

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