[identity profile] derekp.livejournal.com posting in [community profile] davis_square
We're a few days removed from the first winter storm of the year, and yet many stretches of sidewalk in and around Davis Square are still covered in ice. Simpson Ave seems particularly bad as you get towards the Broadway end of the street and Cutter was no Picnic last night either. I can only imagine the folks who live there are renters, as I would think owner residents would not want to risk the liability. One trip to Home Depot or Tags and a few seconds tossing a small amount of rock salt on the ground will fix this. Please everyone do their part to keep the sidewalks in our neighborhood safe all winter.

Is there recourse for pedestrians in Somerville when folks do not clear the sidewalk or does it simply become a legal issue if/when someone slips and falls? I'd like to see the city stepping up to clear bad areas, perhaps citing landlords and residents who repeatedly fail to keep the sidewalk safe.

Date: 2007-12-07 07:36 pm (UTC)
From: [identity profile] xuth.livejournal.com
Hmmm, I said the owners were responsible and someone corrected me saying it was the resident... we're both wrong. Per Somerville law, section 12-8 "No owner, tenant, or occupant of land or a building abutting upon a sidewalk within the limits of any public way in this city, and no agent of such owner having the charge of such land or building shall place or suffer to remain on such sidewalk for more than six hours between sunrise and sunset on any day, any snow or any ice, unless such ice is made even and covered with sand or other suitable material to prevent slipping."

Date: 2007-12-07 07:40 pm (UTC)
From: [identity profile] closetalker11.livejournal.com
So, wait ... is that saying that anyone has to get rid of snow within 6 hours, or that no one does?

Date: 2007-12-07 07:43 pm (UTC)
From: [identity profile] thetathx1138.livejournal.com
Everyone. Yeah, good luck enforcing THAT one.

Date: 2007-12-07 07:48 pm (UTC)
From: [identity profile] xuth.livejournal.com
Watch out for the double negatives and similar traps, the state and municiple codes are full of them. To rephrase, it's saying that no person responsible for the sidewalk is to allow snow and ice to stay on the sidewalk. So yes, the owners, tenants or even an illegal squatter and their agents are responsible for snow and ice removal on the sidewalks.

Date: 2007-12-07 09:35 pm (UTC)
From: [identity profile] closetalker11.livejournal.com
... thank you!

So, like, everyone is responsible?

Date: 2007-12-07 07:44 pm (UTC)
From: [identity profile] winterhill.livejournal.com
I have found that when everyone is responsible, no one is responsible. Everyone thinks "someone else" will take care of it. I suggest calling 311 -- they track the nature of calls received, so a the very least they will have stats on how many people have raised the issue.

Date: 2007-12-07 07:44 pm (UTC)
From: [identity profile] mamajoan.livejournal.com
So it's the owner(s) and tenant(s) jointly -- yet if you ask tenants they'll say it's the owner's problem, and vice versa. Lovely.

Times like this I'm actually glad to be an owner-occupant. I may not like the responsibility, but at least I know it's mine!

Date: 2007-12-07 07:56 pm (UTC)
ext_174465: (Default)
From: [identity profile] perspicuity.livejournal.com
if i was a property owner in somerville, i'd either make sure my sidewalk was "out of commission" (construction) every winter. sorry, walk around. perhaps by dumping 2 tons of sand on it ;) the lawsuit wouldn't be worth it.

it's probably cheaper over all for individuals who are walking a lot to buy their own yaktraks or equivalent. personally, i'd rather stay healthy and unbroken all winter and not hurting from a fall. yah, i know, on a special planet it would be nice if the sidewalks are perfect year round. oh well, they aren't. ;)

see ya

#

Date: 2007-12-07 08:27 pm (UTC)
From: [identity profile] bombardiette.livejournal.com
They need to correct their brochure on the city website then.

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