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December 6, 2007
Snow removal
I'm new to the neighborhood, and am trying to find out what the rules are for sidewalk clearing/de-icing/snow removal, etc. a trip to nyc.gov didn't help me much. Can anyone help?
Thx!
Comments
I dont know the rules, but as a common courtesy, I clear the sidewalk in front of my home after a snowfall.
Posted by: guest at December 6, 2007 8:45 AM
The rules are complicated and depend on the size of the building and if it's owner occupied. The homeowner must clear the sidewalk but there is much confusion about who has liability of someone is hurt. We were sued for a slip and fall accident when there had allegedly been snow we failed to clear. Our lawyers say the City is liable, not us, and from what I've seen, we are not liable. Yet here we are about 4 years after the alleged accident and the suit is still ongoing. As best I can figure, the homeowner must clear the sidewalk but in a small, owner occupied building (2-family or less, I think), the City has the legal liability.
Posted by: trudylou at December 6, 2007 9:58 AM
I think that the general rule is that you need to clear the sidewalk in front of your property within 4 hours of the snowfall ending.
Posted by: guest at December 6, 2007 11:06 AM
This article should clear up any confusion...
Get your shovels ready! :)
http://query.nytimes.com/gst/fullpage.html?res=990DE7D6163EF936A25751C1A960958260
Posted by: bren at December 6, 2007 11:09 AM
Odd. No clamor from the property-rights advocates as to how this violates their rights.
As a matter of good citizenry, I am happy to clear up snow on the sidewalk in front of my house. But the fact that I can be sued is ridiculous, and a good example of how we don't advocate that personal responsibility should be the defining issue.
Posted by: cmu at December 6, 2007 12:01 PM
What about those aholes that dig out their cars and dump the snow back on your sidewalk?
Posted by: guest at December 6, 2007 12:03 PM
I especially like how I can be sued if I shovel, but I can't if I don't.
Posted by: vanburenproud at December 6, 2007 12:57 PM
I was sued by someone who fell in front of my home. I was away when it snowed. My neighbors and I usually look out for one another but this lady slipped while my neighbor was shoveling his house before he got a chance to do mine. The good thing is that he snapped a photo of this woman in high spiked heel ankle boots, which is what really caused her to fall. The judge dismissed the case because I didn't shovel. He also told her that even if he found me liable, he would have reduced her damages considerably because she was at fault as well for wearing the shoes in the photo in bad weather. As he explained, I would have been liable if I had shoveled because I would have assumed responsibility. By not shoveling though, I was subject to summons and that's it. I didn't get a summons either because they are not issued retroactively. I am not advocating not shoveling. It's best to go ahead and shovel but if someone does fall and you are present take a look at their footwear and snap a photo.
Posted by: guest at December 6, 2007 4:15 PM
Interesting article, but it was written in 1996 and they speak of potential legislation changing who is liable. Have things changed since this time?
Posted by: pwhite at December 6, 2007 5:35 PM
Yup, the law has changed. Now the property owner is responsible.
Posted by: guest at December 6, 2007 5:43 PM
Now, however, the city's problem is also the owner's problem. ''The new laws,'' Mr. Clark said, ''put the responsibility for the sidewalks in the hands of those who are in the best position to take care of them: the owners.''
Basically, he said, the law requires property owners to ''install, construct, reconstruct, repave, repair or replace'' defective sidewalk components. The law also requires the owner to remove ''snow, ice, dirt or other material from the sidewalk.'' (Mr. Clark noted that the law does not apply to one-, two- or three-family properties that are at least partially occupied by the owner and used exclusively for residential purposes.)
Since property owners are now specifically liable for any injuries caused by a defective sidewalk, they should not wait for the city to identify problems and order the necessary repairs. ''You have to keep track yourself,'' she said. ''You have to be proactive.''
Posted by: guest at December 6, 2007 5:51 PM
Can you hire someone to shovel your snow if you're physically disabled or not in the country? I know you can, but i mean are there services that do that?
Posted by: guest at December 6, 2007 8:27 PM
8:27, yes. Property management companies do everything from snow removal to collecting rent if you have tenants. It all depends on what you and the company agree on. Make sure you get everything in writing.
Posted by: guest at December 7, 2007 12:44 AM
Check out the nyc.gov website and get the Digest of Sanitation Codes from the Sanitation Dept. It will give you all the information you'll need. Page 8 covers snow removal.
Posted by: guest at December 7, 2007 12:57 PM
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