[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.]
[Amended 2-14-1995]
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.
A.
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.
B.
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.
[Amended 12-4-2017]
A.
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.
B.
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.
C.
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.
D.
The property owner will be liable for any fines incurred as a result
of violations of this section.
E.
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.
F.
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.
A.
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.
B.
Orders
for erection.
(1)
Notice
to owner.
(a)
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.
(b)
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.
(2)
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.