§ 177-12. Snow and ice removal., Chapter 177. Peace and Good Order, Part II. General Legislation, Code of Ordinances, Melrose

Generally. No owner, tenant or occupant of land or a building, or any agent thereof, in this City shall cause any snow or ice from said land or building to be placed in the sidewalk, road, or other public way in the City.

Removal required on sidewalks. The owner, tenant or occupant of any estate in those sections of the City containing commercial, office and manufacturing facilities shall cause all snow and ice to be removed from the sidewalks adjoining such estate within six daylight hours after snow has ceased to fall or has drifted thereon from a building.

[Amended 8-21-2017 by Ord. No. 2018-4]

Removal required on certain buildings. The tenant or occupant of any building of which any part overhangs the sidewalk of any street in any part of the City shall cause all snow and ice to be removed from such building within six daylight hours after the snow has ceased to fall or has drifted thereon or after the ice has formed. The owner of such estate or building and his/her agent having charge thereof shall also be required to cause the removal of such snow and ice as herein provided. The penalty for violation of this section shall apply to the tenant, occupant, owner or agent.

Clearing sidewalks. The sidewalks adjoining public buildings or grounds shall be cleared under the direction of the Director of Public Works.

[Amended 5-21-2012 by Ord. No. 2012-158]

Enforcement.

(1)

The Director of Public Works and his/her designee shall have the authority to enforce all provisions of this section. The Melrose Police Department is authorized to assist in the enforcement of this section.

[Amended 5-21-2012 by Ord. No. 2012-158]

(2)

Whoever violates any of the provisions of Subsections A through D of this section shall be fined $50.

(3)

Owners shall be liable for any violation of Subsections A through D of this section.

(4)

Upon neglect of or violation of the duties imposed by the provisions of Subsections A through D of this section, such duties may be performed by the Director of Public Works or his/her agent at the expense of the person(s) or entities liable to perform those duties. Assessment of costs under this subsection shall not preclude any party from being fined under Subsection E(1).

[Amended 8-21-2017 by Ord. No. 2018-4]

(5)

The City Solicitor with the approval of the Mayor may in civil actions prosecute and adjust claims inuring to the City under the provisions of this section.

State law references — Municipal authority to require removal of snow and ice, MGL c. 40, § 21, cls. (2) and (3); removal of snow and ice generally, MGL c. 85, § 5; appropriations for removal of snow and ice from private ways, MGL c. 40, § 6C.