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Police say 3 businesses fined for lack of snow shoveling in December PDF Print E-mail
Written by Bob Sprague   
Friday, 28 December 2007
Snow pile at American Alarm, Dec. 18, 2007
Snow pile at American Alarm before thawing.
December 2007 has been a tough month for Arlington snow shovelers. An estimated 29 inches of snow, which fell mainly in three storms, has kept businesses and residents busy clearing everything from fluffy white to icy slush. Arlington police say they have been busy, too, issuing warnings -- "dozens," wrote Capt. John Serson in an e-mail Dec. 27 in response to a request from YourArlington about how police have handled snow-shoveling issues. The officer declined to be more specific. In response, most apparently complied. Six did not and were fined.
Dec. 8: Icy update: Most businesses in clear; a few lag Dec. 20: Residents shovel, plows scrape by

Of the six, three were businesses. Police reported the three receiving citations were Davidson Management, 58-60 Edgehill Road; Domenic F. Calautti Jr., et al., 245 Mass Ave. (Tony's Pizza Italian Kitchen ); and Arlington Center Garage Services, 71-75 Summer St.

Police said they could not say what the fines collected in December for snow-shoveling violation totaled and referred the request the treasurer's office.

Treasurer Stephen J. Gilligan responded to a Dec. 27 request for the total amount levied by e-mail two days later, saying his office does not handle that issue.

After YourArlington followed up with  police and selectmen to learn the amount of fines received, and Ryan responded in an e-mail Dec. 30: 

"3 businesses at $50 per violation would be $150 and 3 residential violations at $25 per violation would be $75. Total fines levied -- $225."

Under town bylaws, residents face $25-a-day fine eight hours after a storm. Businesses and apartment/condos faces $50-a-day fines three hours after a storm.

It is not known how many days each fine covered. Snowstorm hit Arlington Dec. 3, 10 and 16.

Not on the list of those businesses paying fines were 1100 Mass. Ave. and American Alarm. Both businesses were reported to have received warnings after residents complained about lack of adequate shoveling. 


Dec. 6: Complaints about snow at 1100 Mass. Ave.  |  Dec. 20: Photos by American Alarm on ice


Asked about those two cases, Capt. Serson wrote: "If they were not cited, I have to conclude they shoveled, although I have to admit that I do not personnally follow up on these complaints."

On Dec. 22 Chief Fred Ryan was asked about the number of residents and business warned and fined under the town snow-shoveling bylaw in December. He responded immediately, though it was on a Saturday night. He said he did not have the numbers but would provide them.

Ryan then explained what he called his department's enforcement strategy:
 
"1) First offense -- we issue a demand notice and initiate the creative problem solving process. The demand notice cites the bylaw and requires the property owner to comply or be subject to fines. It is intended to achieve voluntary compliance moving forward.

"The problem-solving tasks include connecting property owners who have hardships with appropriate resources, such as the LINKS Program.  In some cases, police officers have shoveled the sidewalks themselves.
 
"2) Second and subsequent offense result in enforcement action."

Capt. Serson responded the following Wednesday, the day after Christmas:

"With regard to citations for failure to remove snow, this department isssued dozens (I'm afraid I do not have access to the actual number) of warning letters to residents and businesses in December.

"Most complied once warned. Six citations were issued where the warnings did not work and of those three went to businesses and three to residences."

Asked why the department could not provide a total number of warnings issued in December, Serson wrote Dec. 28:

 "No single record is kept permanently of the warning letters. Lt. Ken Hughes compiled a list for his purposes recently, but he is off until January 2008. The only other method would be to and search all the snow complaint records, but we'd have to charge you clerk's rate for the time involved."

YourArlington has thanked the officer the information and declined to pursue the latter method.   

 

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Guest User  - Snow   |146.115.71.xxx |2007-12-29 03:21:13
One property owner decided the best way to deal with the Police, who responded
to complaints about his property for failure to shovel the sidewalk, was to
apparently ask a elderly man in his 80's, if he could do his shoveling for him
from now on to solve this problem.
admin  - Please sign your comments     |SAdministrator |2007-12-29 09:35:37
avatar If you post comments to this site, please sign your name. thanks.

Bob Sprague
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