Getting Caught Up: First; SNOW REGS –First and last word

Given that snow removal is just about all that anyone is talking about these days, Mme. Magpie thought you might make good use of her thoughts on how the regs do or do not work in actuality, and accompanied by the ACTUAL CODE ITSELF. That should end some arguments,!

OVERALL REQUIREMENTS – . DC Code requires that sidewalks be cleaned within eight hours of the end of a snowfall. It doesn’t care who does it – it simply requires that the job to be taken care of, quickly and safely. It hopes you will want to do the right thing. And if you don’t, it will do the job and sue you.

Of course, the certainty of disapproval and anger by neighbors forced to make use of uncleared and dangerous sidewalks ought to be an even greater spur to doing the right thing than the failure to adhere to city code. And whether the City is going to clear and sue if you don’t do the job is unclear, unspecified – and unsupported in city history. At least, on paper, it has a requirement to do so.

RESPONSIBILITY - Who is responsible for the cleaning? The city’s broom sweeps wide here (pun, pun) It does not limit this requirement to owners; tenants, occupants, lessees or even “otherwise” are all included in this requirement. The key words are “in charge or in control” The specific language reads as follows: (The words below in bold are ones which are defined in the code.)

DC ST § 9-601 (Snow) Removal from sidewalks by owner or occupant of abutting property.

It shall be the duty of every person, partnership, corporation, joint-stock company, or syndicate in charge or control of any building or lot of land within the fire limits of the District of Columbia, fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee, or otherwise, within the first 8 hours of daylight after the ceasing to fall of any snow or sleet, to remove and clear away, or cause to be removed and cleared away, such snow or sleet from so much of said sidewalk as is in front of or abuts on said building or lot of land.

ALTERNATIVES - What if you are facing fifty feet of solid ice because you waited too long and it is just too much and too dangerous? Are there any alternatives? Yes, there are – at least temporarily. If you can’t remove it because of ” hardening”, you still have to make it reasonably safe for travel. You will have to put out sand or ashes within eight hours, and then clean up as soon as possible. The specific language reads as follows: (The words in bold are defined in the code.)

DC ST § 9-604. Temporary use of sand and ashes.

In case the snow, sleet, and ice cannot be removed from so much of the paved sidewalks within the fire limits of the District of Columbia as front upon or abut such buildings or lots of land as are not owned or held by lease by the District of Columbia or the United States without injury to said sidewalks, because of the hardening thereof, the person, partnership, corporation, joint-stock company, or syndicate in charge or control of such buildings or lots of land, whether as owner, tenant, occupant, lessee, or otherwise, shall, within the first 8 hours of daylight after the same has formed, make reasonably safe for travel, or cause to be made reasonably safe for travel, by the sprinkling of sand or ashes thereon, said sidewalks, and shall, as soon thereafter as the weather shall permit, thoroughly clean said sidewalks.

IF YOU DON’T CLEAN, WILL THE CITY? - It says it will. The City has the duty of removing snow if those in charge or control don’t do it. The Code doesn’t say what part of the City Government will be responsible for identifying, reporting, ranking or cleaning untouched sidewalks, but DDOT seems like the logical agency. (Perhaps ANCs could be asked to give the city some help in identifying and ranking critical neighborhood paths. ) The specific language reads as follows: (The words below in bold are ones defined in the code.)

DC ST § 9-605 Failure of owner or occupant to remove--Removal by Mayor.

In the event of the failure of any person, partnership, corporation, joint-stock company, or syndicate to remove or cause to be removed such snow or ice from the saidsidewalks, or to make the same reasonably safe for travel, or cause the same to be made reasonably safe for travel, as hereinbefore provided, it shall be the duty of the Mayor of the District of Columbia, as soon as practicable after the expiration of the time herein provided for the removal thereof, or for the making of the saidsidewalks reasonably safe for travel, to cause the snow and ice in front of such building or lot of land to be removed or to cause the same to be made reasonably safe, as hereinbefore directed to be done by such person, partnership, corporation, joint-stock company, or syndicate in charge or control of such building or lot of land, and the amount of the expense of such removal or such work of making the said sidewalksreasonably safe for travel, shall in each instance be ascertained and certified by the said Mayor to the Corporation Counsel of the District of Columbia.

CONSEQUENCES – If the City does end up cleaning up the mess, the code says it will sue the owner or occupant for the cost and add a $25 penalty.

Not one of the world’s more terrifying penalties, and who knows if the city will actually do any of this? Probably nothing will happen if no cleaning is done – unless someone falls and is badly hurt after the eight hours has passed. And bad publicity ensues. Then it just might. It’s better to do the right thing to begin with. The specific language on consequences reads as follows:

DC ST § 9-606. Failure of owner or occupant to remove - Suit to recover cost.

The Corporation Counsel is hereby directed and authorized to sue for and recover from such person, partnership, corporation, joint-stock company, or syndicate, the amount of such expense in the name of the District of Columbia, together with a penalty not exceeding $25 for each offense, with costs, and when so recovered the amount shall be deposited to the credit of the District of Columbia.