[HISTORY: Adopted by the City Council of the City of Springfield as Title 7, Ch. 7.24, of the 1986 Code. Amendments noted where applicable.]
The tenants or occupants of any single parcel of real estate which contains only one rental or dwelling unit and, in case there is more than one rental or dwelling unit on a parcel, or where there is no tenant or occupant, the owner or person having the care of any real estate abutting upon any street, avenue, lane, court or square within the City, where there is a sidewalk, fire hydrant or a curb cut shall, after any snow or ice ceases to fall thereon, within 24 hours cause the same to be removed therefrom.
Whenever any snow is collected or deposited upon any sidewalk mentioned in § 322-1, either by falling from some adjoining building or by drifting upon such sidewalk, the tenant or occupant and, in case there is no tenant or occupant, the owner or person having charge of the estate abutting upon such sidewalk shall, within 24 hours after it is so collected or deposited, cause the same to be removed therefrom.
Whenever any sidewalk mentioned in § 322-1 is encumbered with ice, it shall be the duty of the tenant or occupant and, in case there is no tenant or occupant, the owner or person having the care of the estate abutting thereon, to cause such sidewalk to be made safe and convenient for travel by removing the ice therefrom, or by covering the same with sand or some other suitable substance, within 24 hours after such sidewalk has become so encumbered.
Every owner, occupant or agent having care of a building standing upon or so near the line of a street that snow slides from the roof and may endanger public travel shall, within a reasonable time after the termination or abatement of a snowstorm, cause the snow to be removed from the roof thereof, in such manner as will not endanger travelers.
Whenever the roof of any building so situated is, for the space of 24 hours after the termination or abatement of a snowstorm, encumbered with snow, which, in the judgment of the Building Commissioners, endangers public safety, such Building Commissioners may cause it to be removed at the expense of such owner, agent or occupant.
No person, including but not limited to paid or unpaid contractors, property owners, or tenants, shall throw or put, or cause to be thrown or put, any snow or ice into any street in the City or upon any public way. This section shall apply at all times and is not restricted to specific periods following snow events.
This section shall not apply if the Building Commissioner orders the removal of snow or ice from structures adjacent to the public way and a permit is obtained from the Department of Public Works under the provisions of Chapter 369 of the Acts of 1911.
Any person who removes snow or ice and places the snow or ice around or over fire hydrants, or into snow piles that result in dangerous driving, biking or pedestrian sight distance issues, in a manner that narrows on-street parking or drive lanes, or in any other manner that creates a hazard to the general public, will be in violation of this section.
The property owner will be liable for any fines incurred as a result of violations of this section.
If a property owner receives a fine for violation of this section, it is the property owner's responsibility to remove all snow and ice placed within the public way immediately. If the property owner fails to address the violation within seven days, a second fine for violation will be issued in accordance with Subsection F hereunder. Any additional violations will be issued in seven-day increments in accordance with Subsection F hereunder until the violation is addressed.
A property owner in violation of any provision of this section may be subject to a fine of $100. If a second violation occurs within the same fiscal year, a fine of $200 may be issued. If three or more violations occur within the same fiscal year, a fine of $300 may be issued for each subsequent violation. The provisions of MGL c. 40, § 21D, may be used to enforce this section.
Power of Building Commissioner to require. The Building Commissioner is authorized and empowered to cause to be erected such balustrades or other protections, for security against snow slides, upon the roofs of all buildings now standing or that may hereafter be erected within the City as in his judgment the public safety requires.
Orders for erection.
Notice to owner.
Whenever, in the judgment of the Building Commissioner, the public safety requires the erection of such balustrades or other protection upon the roof of any building then standing or in the process of erection in the City, the Building Commissioner shall prepare an order calling for such an erection as he may deem sufficient and proper; and if such order is adopted by the City Council, he shall then give notice thereof to the owner of such building.
Such notice shall contain a copy of such order and shall be served in the manner provided for the service of notice in § 338-21, and the officer serving the same shall make a return of his doings thereon on the original notice and deliver the same to the Building Commissioner. The owner of such building shall immediately cause such erection to be made as is called for by the order and to the acceptance of the Building Commissioner.
Noncompliance with order; construction at owner's expense. If the order is not complied with to the satisfaction of the Building Commissioner within the time that is therein limited, the Building Commissioner shall proceed immediately to cause such erections to be constructed or completed as are called for by the order at the expense of such owner.
It shall be the duty of the Building Commissioner to keep an accurate account of all the expenses incurred in carrying into effect any of the provisions of this chapter and report the same without delay to the City Auditor with the names of the persons from whom the same are due and the amount due from each person, and the same shall be collected in the same manner as other claims due the City.