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Snow shoveling, good neighbors, and the law
By david_yamada on Sat, 01/10/2009 - 1:52pm
As a J.P. resident, the short walk down Boylston St. to the Stony Brook T stop becomes treacherous during the winter because several neighbors rarely clear away snow and ice from the narrow sidewalk in front of their homes.
I know it's a pain to shovel. I'm a condo owner in one of J.P.'s triple deckers, and we share shoveling duties. It's no fun, but we do a decent job of it. These folks, however, don't even make the effort. Perhaps there are extenuating circumstances, but in any event it's a genuine safety hazard.
Yesterday an e-mail from WalkBoston popped into my inbox, asking people to call Gov. Patrick's office to urge him to sign a bill that would allow cities to boost fines for home owners who don't shovel their sidewalks but also would protect from liability those owners who make a good faith effort to clear their sidewalks.
I'm not an expert in this field of municipal law, but the legislation seems very fair-minded, balancing the interests of pedestrians and homeowners alike.
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Comments
Much of Seaverns has been pure ice for weeks
I know shoveling isn't fun, but I don't want to break my neck trying to get to Green Street station. I don't expect people to be out there constantly paranoid about the sidewalks being covered with snow or ice, but if there hasn't been precipitation in days there is really no excuse for there to be inches of ice and snow still sitting there.
Salt and shoveling is cheaper than the bill you'll get from the hospital I go to.
There was a time when the
There was a time when the Boston Police would knock on your door and tell you to shovel your sidewalk. I know because my father did it.
Use Parking Enforcement?
What about using parking enforcement officers?
They're already out and I believe, at least in Cambridge, themselves risking limb on the sidewalks.
I don't want to be sending them up to people's doors, to slip on the stairs or be confronted by angry people, but they could identify the problem areas.
Maybe the software on their handhelds could direct DPW/contractors to clear the sidewalk and then bill the property owner the cost plus a deterrent penalty?
Philosophically, I think everyone should just honor their responsibilities, with the occasional gentle reminder for honest mistakes. But we do have rules, and there's widespread flouting or ignorance of the rules, and the sidewalks remain dangerous.
DPW is part of the problem
In my experience, public sidewalks are often the worst offenders. Witness the pedestrian island crossing Huntington Ave over the Mass Ave underpass. Its routinely completely ignored. When I lived in Malden, it was even worse. Public sidewalks are often an "out of sight, out of mind" problem that municipalities need to get in order WHILE holding deliquant home owners accountable.
The problem keeps getting worse. Especially after our recent run of snow to rain storms in recent years. Once it starts raining, people seem to decide that they have no obligation to clear anything up. Only the snow merely turns the snow to slush, which often gets flash frozen by sinking temps for days if not weeks, leaving a horribly trecherous mess in its wake that could have been easily cleared if people just shoveled the slush when it was still slush.
What drives me really crazy are people on corner lots who clear their front door but leave the side of their house untouched. There is one on a hill here in Mission Hill that still has jagged ice and snow NOW. This community seems to have no accountability for these problems and it needs to change. Those of us who walk as part of our daily commute are being put in serious danger by the selfish carelessness of home owners and the willful inaction of city officials. Enough is enough.
same homes
I think that once the snow settles & hardens or melts & then ices up, people are even less inclined to make the effort. Or maybe someone is sick, infirm, or away. Regardless, along Boylston, the uncleared areas are almost always the same homes. If someone can't maintain their lot safely, then maybe they shouldn't own.
Well than, if they can't shovel and salt their property sidewalk
they should have the common decency to hire local kids or whoever to do it for them. Again, no excuse.
Yup.
Absolutely, Arborway.
It's also cheaper than a lawsuit.
That being said, a homestead won't protect a property owner in such a case, because a saavy prosecutor could get around that with no trouble.
ISD?
Doesn't ISD do enforcement on that? Or does ISD not bother with enforcement?
I called the number of the
I called the number on the city's snow site (http://www.cityofboston.gov/snow/) a few weeks ago about a stretch of Comm Ave near Kenmore Square that was completely unshoveled several days after it had last snowed. I was transferred to ISD, and after being on hold a bit, the line disconnected. I took some pics and sent them to [email protected], and got no reply. We'll see what that sidewalk looks like Monday.
call the mayor's hotline instead
http://www.cityofboston.gov/mayor/24/
no problem,
tell them the "safety inspector" from a certain construction company can't get to his car. ISD will magically show up.
Newton may be worse
I walk from Waban T stop down Chestnut Street four days a week. Very few people on Chestnut bother to clear a walkway. There's one house in particular that has a small parking area plus a long driveway.
After a recent storm, the driveway and parking area were plowed clean. The sidewalk in front of the house was untouched, and the snow from the driveway was piled in a five-foot mound blocking the sidewalk.
Dear That-Segment-Of-Newtonians:
I realize the concepts of 1) other people and 2) walking are challenging for you to grasp, but if you can afford your $3M house, can you not afford to find someone who will shovel your walk for $20? Hell, I'll do it for you, as long as it's on a day I need to get to my job.
Thanks ever so.
Snow shoveling not required in Newton
It's a perennial issue there: Should the city require home owners to shovel their sidewalks. And it's perennially tabled because, you know, old people in Newton are more fragile than old people in the rest of the area, and they couldn't figure out how to hire neighborhood kids to shovel their sidewalks for them.
How lazy and irresponsible can (some) people get??
Wait 'til somebody ends up in a lawsuit! Then they'll change their tune.
Sometimes these laws are too strict
I have a friend in another community where there are laws like this. She owns a house on a corner so there's a lot of sidewalk, and she's in her 60's. She went out and shoveled the whole thing, then got a fine because her pathway wasn't wide enough!
Sometimes people go on winter vacations and aren't home to shovel. Older people or people with back problems can't always shovel, or someone might be sick that day and can't get outside. It's easy to say they should hire someone to do it, but in addition to the cost (which is hard for older people on fixed incomes), it's not that easy to find reliable people to do it.
Just trying to point out that it isn't always a situation where you have 3 strong people living in a house that can easily share this work between them.
Should be enforced
Boston has laws regarding snow removal & I would really like to see them enforced.
I know some people are sick or unable to shovel - but that definitely doesn't include people who are away! If you are out of town, you are still responsible.
Around my way what I notice is that the homes of older people are the ones that are well shoveled - it's the young, healthy people who don't bother. The neighbors who clear their driveways & pile the snow up on the sidewalk are the worst.
I'd like to see the city hire people to clear the unshoveled walks & bill the homeowners for it. They could put it on their property tax bills. And create jobs! Help the economy! And make it easier for me to walk down the sidewalk.
It's agreed. I also wish they'd enforce these laws EVERYWHERE.
Honestly, why can't people take responsibility? Don't they know that they could be liable if somebody falls and really gets injured while going along their uncleared, unsalted stretch of sidewalk?? Sheesh!
what happened to your friend
what happened to your friend is absurd, but it's just some anecdotal evidence in another community. i live in a residental neighborhood in hyde park where the owners FAR outweigh the renters, but the number of shoveled sidewalks is dwarfed by the number of pedestrian hazards in front of homes. THAT is absurd. i think that part of the problem is that many of the homeowners and elderly or ill, and there's really no such thing as "being neighborly" anymore. my husband will clear the snow from our next door neighbor's walk and sidewalk as she is elderly, legally blind, and lives alone. we know this, we know her. many people don't know their neighbors anymore and they don't care. it wouldn't have to be shelling out money to have it done if there were more people who were kind of heart.
all this being said, that doesn't excuse the lazy people who leave their property unshoveled all winter, or the couple with two teenagers on the corner lot who shovel a narrow parth to their cars only. THOSE people should be fined.
Another point of view:
This argument:
doesn't even begin to hold water. If that be the situation, then they should get a neighbor or local kids to shovel and salt down the sidewalk and walkway for them. From what I understand, that's what people're supposed to do in such a case, or if they're out of town when a winter storm hits, for whatever reason.
Know what else is hard?
Moving in, maintaining the boiler, cleaning, mowing the lawn/weeding the rocks, changing the light bulb on the porch, changing the oil, building the desk, cleaning the gutters, replacing the fridge, caulking the tub, and everything else about owning a house.
Somehow, I feel certain that the elderly/vacationing homeowners all have working boilers this winter.
If you want it done, you can get it done.
Snow removal
http://boston.about.com/od/snowemergencyfaqs/f/sno...
It seems to me that this may be part of the problem. Renters are not responsible for shoveling their snow, and if a home/building owner is not around then it doesnt get done. I know I rent and I only shovel if I know people are coming over. I know I know flame me all you want but there are multiple units in this old house and nobody else ever lifts a finger to do it, I dont own the place and its not my responsibility. I rent because I dont have time for this stuff. If I had the time or inclination to shovel, or do anything to improve a property I would buy a house/condo.
So I think thats the first thing, the cities around here need to hit home owners who dont live in town with fines if the sidewalks in front of their buildings are not clear. Heck they dont even have to worry about these people not voting for the politicians because they dont live in the city!
no blame there!
I don't blame renters a bit. I've rented most of my life, only recently (well, 5+ yrs ago) becoming a condo owner. If an owner expects tenants to shovel snow and maintain property, then s/he can cut the rent in return.
Renters ARE responsible
The info you found at about.com appears to be wrong - according to this: http://www.cityofboston.gov/isd/pdfs/snow.pdf renters may also be responsible for clearing their own sidewalks:
"Once the snow stops…between sunset and sunrise…you have…
"3 hours to remove ice, slush or snow, if you rent, own or manage commercial property or have more than 6 residential units at a property.
"Up to 6 hours to remove ice, slush or snow, if you rent, own or manage a residential building with less than 6 units."
When rented in a two family
When rented in a two family in Roslindale, I shoveled "my side" - the driveway - and the sidewalk on that side of the house, so that I could get my car in and out. There was no deal on the rent, but then the rent was very reasonable.
I think you're reading it
I think you're reading it wrong. That line refers to property management companies who may not own a property, but are the landlord to residential tenants.
Unless it's written into the tenant lease, the property owner or property management company is responsible for maintaining the premises.
The owner property owner or management company
are the ones who could be liable if somebody walking along their unshoveled, unsalted stretch of sidewalk or walkway slipped, fell and broke their leg or whatever.
snow
the $50-$100 fine is nothing. But who would be responsible if someone fell and broke their back?
Slip-and-fall injuries on unshoveled, unsalted sidewalks:
In the event of something like this:
then it's too late.
Renters of commercial property that is
The City generally attaches fines related to code violations to the locus where it happened, but a business can be cited because it holds a license, also many times commercial leases are recorded at the Registry of Deeds for assessment purposes (IE when the terms of lease agreement requires the lessee to pay the property taxes). The City generally does not know who rents what residential unit, so the property owner gets the fine there. I can say from experience, that if sidewalk violations are reported to the Mayor's 24 hour hotline at 617-635-4500, there will usually be a big green citation ticket attached to the front door of the property reported within 24 hours.
Depends what part of town, among other things
There are a few properties I routinely report. One is a private school that only snowblows the part of the walk that's needed for students/parents/staff to access the school, and leaves the rest of the sidewalk abutting their property so it can ice over. I'm frequently needing to walk in this neighborhood for my job, and it's always icy. I'm going to assume that if they were ticketed as frequently as I call, they'd change their behavior. But then, this place is in a neighborhood where city services rarely respond when called, so yeah.
Also, I frequently call about property owned by the city where the sidewalks don't ever get cleared. We can all guess how effective this is.
http://1smootshort.blogspot.com
That property very specificy
That property very specificy even mentioned property owner immediatly after those lines. Those lines are also in reference to people who rent them out to other people, not the renters themselves. The city has no feasible method of enforcing a code violation on the renter, so therefor they avoid charging renters for anything that they could charge the owners for. The law would also look at it the same way, they arent going to sue me even if I am supposed to shovel the sidewalk, I rent, Im not gonna have things they can take away from me to pay the settlement! They would go after the person who owns the property.
No, renters aren't. Usually.
Renters are also responsible for clearing snow if they are renting a home where they have an exclusive entrance. So, if you are renting a house or a townhouse, you *can* be responsible for shoveling the sidewalk. They key is still can, though, as your lease does need to specify this. Now, boilerplate rental agreements generally do have such a provision, but the renter still might not be legally required to shovel if the lease has an addendum where the landlord agrees to shovel or pay someone to shovel.
Why does the city plow roads
Why does the city plow roads but each individual is expected to plow their sidewalk?
Ive seen small snow plows that clean sidewalks around BU, and a similar one near winchester center. Isnt it more efficient for the city to use those to clean the sidewalks and deduct the fee from taxes like street plows?
These small snow plows are great because theyre narrow enough to fit on small sidewalks, but do a much better and faster job than anyone with a shove could. As an added bonus, they can plow through the enormous piles left at every intersection by the street plows which homeowners or the city currently ignore.
sidewalk plows
Cities and towns around Boston used to plow a lot more than they do today. Sidewalk plows take care of the major streets, curbs, crosswalks and ramps, but the DPW doesnt have the money to do all of the sidewalks in residential areas.
Because sidewalks aren't full public
They are privately maintained land that needs to publicly accessible. So, they state can set guidelines for their maintence, but its still the property owner's responsibility. Contrary to the opinion of the chair leavers in South Boston, you don't own the street in front of your house.
no, sidewalks aren't
no, sidewalks aren't privately maintained, or else owners/renters would have to do the concrete repairs.
Some towns do
The town I grew up in had a small plow which would clear all sidewalks along the main roads, usually within 24 hours of the end of a storm. My street didn't even have a sidewalk until the late 1990s (and it is a fairly major road), I think that the thinking was because the majority of homeowners owned their property before the Town built the sidewalk, the Town would be responsible for clearing it.
all fall down
Well, my arm now in a sling due to a fall because someone didn't clear their sidewalks well :(
that's lousy
I'm sorry to hear about that. During recent winters, I've had two ass over elbow ice falls that left me sore for some time. One was outside a T stop, the other in front of a commercial storefront. Didn't require hospitalization, but a lot of soreness for days.
It also has the effect of making you more apprehensive about walking during the winter. That's why the much joked about Boston.com graphic a few days ago wasn't exactly a laughing matter to me! I took it seriously!
Businesses and their responsibility to keep areas clear
I've gotten on this hobbyhorse every winter - businesses who do not value either their customers, their neighbors, their vendors, their community, their insurance rates - who do not maintain a clear sidewalk.
I live in Roslindale, and I'm amazed at the amounts of pleadingand emails I get to support the local businesses - and I do; however, if a business, such as Bank of American, cannot be bothered to clear a path wide enough for a wheelchair to get through, I won't be going there to get charged the $2.50 bank fee....
Shame on the businesses for not doing a better job, and it gets worse every year.
Sullivan's pharmacy - a place where you would expect a complete snow/ice removal - was shamefully lax in their duties - a pharmacy for goodness sake - a place where older, sick, wheelchair bound, and all sorts of ambulatory folks need to get to every day...
Ok - i will eventually get off of this hobbyhorse - I can understand a homeowner not being able to - we help several of our older neighbors keep their paths clear - I understand when folks are away in the winter - and - being a renter for years - I understand that rental properties are a whole separate issue; however, businesses who are in real need of my business - shame on you. And don't just stop at the end of your storefront - if I can't get to your store b/c there is an empty storefront next to you, I won't be spending what little cash I have at your establishment - Roslindale Village and other businesses - you are on notice.
The industrial district
The industrial district rarely shovels any snow. It gets to a point where you have to walk on the street, and if you have been down to mass ave in the industrial district you know how hard it is to walk that street around rush hour. There is this one business that rents out constuction equipment, but to my surprise they dont shovel at all. i figured that since they rent out the machinary, that they might have a small plow or something but nope. My family and I shovel everytime, but it seems that businesses and private residences dont care to do it. I say enforce the law but make the fine far more expensive for businesses.
Sorry to hear that, johnmcboston.
Here's hoping that you have a speedy recovery, and that this will be a lesson to all those scofflaws who refuse to shovel, clear and salt down their sidewalks.
Just out of curiosity, have you considererd maybe taking some legal action against the property owner? Just curious, because one can do that, in the event that they slip, fall and get injured while walking along somebody's unshoveled and unsalted sidewalk, walkway or front steps.
monday...
Thanks for the well wishes all. We'll see what Monday brings with a proper orthopedist taking a look at it. Amazing how many times I tend to injure myself on a friday night :)
Not sure a lawsuit would garner much. Expensive, hard to prove neglect (especially with the terrible job the city does). And without major major injury, it may be a hard sell.
Icy memories
I remember that stretch down to the T. The slope of Boylston makes it worse and I remember clutching bushes and fences as I eased my way down the icy sidewalk.
Most of my neighbors are great and we all sort of take turns shoveling out the walks of the elderly and out of town (we keep an eye on each others houses). Although in this last storm, one house with a snow blower left a giant pile on the sidewalk with no path through. My husband noticed and shoveled out a gap so the kids walking to the school could get through (and me on my way to the bus).
My personal favorite is when someone shovels their driveway from edge to edge down to the pavement but leaves their sidewalk untouched. Second favorite is those who shovel a tiny path next to the retaining wall, that goes past bushes so you have to crouch to keep from getting a branch in the eye.
What's also worrisome
is the fact that, while a number of people have gone out of their way to shovel and clear the sidewalk(s) in front of their property, they haven't taken the next step and salted down their sidewalk. This, too can be dangerous, because it ices over when the temperatures drop during the late afternoon and/or night, which, too, makes for hazardous and icy conditions.
Yet, the fact that some people don't bother to do their sidewalks at all, proves that lots of people just don't care, either.
Wow
Every reply you've made is obnoxious. If you're so concerned about ice and lawsuits, why don't you do it yourself all over the city.
Ha Ha Ha! Really, anon....
No, anon! This:
is obnoxious to the point of being laughable.
Besides, what's so obnoxious about pointing out possible consequences of not taking the responsibility of clearing and salting down one's sidewalk after a winter storm? None, whatsoever, as far as I'm concerned.