Holding Court: Take This Column and Shovel It
Holding Court is a series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
What topics do you want addressed by Judge Latwin? Tell us.
By Joe Latwin
There’s no business like snow business.
Everyone owning or controlling property abutting a sidewalk, must, remove or cause the said snow or ice to be removed or cleared entirely within 24 hours after the end of every fall of snow or the formation of any ice on the sidewalk in front of or adjacent to the property.
The obligation to remove now and ice falls on the owner, a lessee, an occupant or other person having charge of the property. The obligation may be contracted to snow removal services but the owner, etc., remains responsible. The end of the snowfall can be confirmed by weather service information. Sidewalks include not only paved sidewalks, but also include an unpaved area used as a sidewalk or walkway, on any public street or public place. How do you remove ice from an unpaved area if it is not thick enough to chop? You don’t have to remove snow and ice frozen so hard that it cannot practically be removed. How does the City measure ice’s hardness? The determination of hardness may vary with time as temperatures rise and fall.
You don’t necessarily have to shovel the snow. You can cover and strew the said sidewalk or cause it to be covered and strewn with sifted ashes, sand or other similar material (cat litter?) and shall, as soon as weather permits, thoroughly clean the sidewalk and remove the said ice and snow.
If you don’t timely shovel, the City can clean or cover the sidewalk and the cost or expense of cleaning the snow and sued for and recover the costs. Also, the City may place a lien on your property for the costs. If you don’t pay, the City can levy the costs as part of the tax to be collected on the premises. Ultimately, the City can foreclose the lien and get the property sold to recover the costs. Worse, most mortgages contain a clause that if you suffer or permit a lien against the mortgaged property, the mortgage loan can be accelerated and become immediately due. If you have to refinance, you may lose an advantageous interest rate and have to go through the expenses of another closing.
The failure to timely and properly remove snow and ice is a violation punishable by a fine of between $50 and $100 dollars. It’s cheaper to pay kids to shovel than to pay the fine. Of course, if someone slips, falls and is injured, you could be sued. Make sure your homeowners’ insurance will cover the damages and cost of defense.
The City will not collect trash or recyclables where snow and ice have not been cleared from access pathways or driveways.
