Shoveling snow. Image credit: Creative Commons Zero – CC0
Homeowner failed to remove snow from the sidewalk within the allotted four-hour time frame. Sanitation on March 15, 2017 at 10:49 p.m. charged Chen Nimchuk Jing with failing to remove snow and ice from the sidewalk in front of her premises. The summons stated that there was no attempt to salt, sand or shovel a path for pedestrians, and the snow storm had officially ended on March 14, 2017 at 8:00 p.m. The Administrative Code requires property owners to remove snow or ice from their adjacent sidewalks within four hours after the snow ceases to fall except when the snow ceases between the hours of 9:00 p.m. and 7:00 a.m.
The hearing officer found that Jing was in violation of the code, and imposed a $100 fine. Jing appealed.
The OATH Appeals Board affirmed the hearing officer’s decision, denied Jing’s appeal and upheld the $100 fine. The storm ended on March 14, 2017 at 8:00 p.m. and Jing had not attempted to remove the snow or ice from the sidewalk when the issuing officer gave her a summons on March 15, 2017 at 10:49 p.m., more than 25 hours after the snowstorm officially ended.
NYC v. Jing, OATH Appeals Board No. 1701152, December 14, 2017.
By: Mary Solimine (Mary is New York Law School Student, Class of 2019.)
The City should have some sort of program for the elderly and disabled to be able to shovel their sidewalks. I know that in Eastern Queens near the Nassau border it is very hard to find people to shovel. I even asked the NORC staff (Naturally occurring retirement community) if they had a list of people who one could hire and they didn’t have one. This year I went by subway and bus for over 3 hours to shovel my 90 year old’s mother’s sidewalks and had to stay over one night because the snow didn’t stop until the morning. If they City cannot have a reasonable accommodation for the elderly and disabled, then they should provide a way for people to get it done.