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Owners tackle snow and garbage.

Kitter, fireplace ashes, cinders, sawdust and playground sand are the items the Department of was recommending owners to provide traction for city walkers prevent snow removal tickets after and deep freeze.

This week, however, as the snow away, owners could be facing for litter of another variety as was not picked up for a week.

Collection was to begin this past weekend but the Sanitation expects it will be week before the schedule is back to normal barring no more snow. Recycling pickups will resume soon as well.

Owners may call (212}219-8090 seven days a week from 7 a.m. to 11 p.m. for information on neighborhood pickups.

"There should be some laxity in enforcement," hoped Frank Ricci, director of Research for the Rent Stabilization Association.

Kathy Dawkins, a spokesperson for the Sanitation, said both residential and commercial buildings must have the snow cleared in front of the property within four hours after the last flake has stopped falling. If the snowfall ended after 9 p.m. the night before, clearing must begin prior to 11 a.m. the following morning.

As of last Thursday, Dawkins said, Sanitation gave almost 300 violations city-wide. The violations carry a $50 to $100 tab.

"As we send our enforcement around, [tickets] would go to people who haven't even attempted to break a path," Dawkins added.

Sanitation also has the threat of a 10-day criminal jail penalty to persuade even the most brazen to break out the pick and shovel.

If the sidewalk would be damaged by chopping at the ice, however, then Sanitation rules call for salt or gritty substances to be applied until some meltdown occurs.

"What it indicates is that you have to be diligent and, in a situation like last week, you might get away for a while with sawdust," noted Dan Margulies, president of the Community Housing Improvement Program. He said the city probably recognizes there are problems clearing sidewalks since even they were behind in clearing streets.

Those people who adhere to the snow clearing rule generally, followed it in this storm, he observed, and those that violate the rule generally, did it here, said Margulies, who is also a Manhattan apartment dweller.

"I can tell you,' he said, "which buildings on my block shovel the front and not the side, and that pattern was repeated this time, no different than usual."

Mark Rudd, a partner with Rudd Rosenberg & Hollender, agreed. "As I walk down the block I can see the stark contrast between how some people keep the sidewalks clean and others don't," he said.

"We were blessed with a soft Irish rain in the midtown area on St. Patrick's day," said Warren Wechsler, first senior vice president of the Real Estate Board of New York. "What lingers seems to be pretty close to the curb."

The problem with snow is more with liability issues, noted Ricei, "The slips and falls."

Rudd, a real estate attorney, said because there is a municipal ordinance placing an obligation on the property owner, the failure of the owner to adhere to the obligation will create a prima facie case for the victim of an accident. "You won't have to prove negligence," Rudd explained, "just the violation of the law."

He warned that owners who believe they have passed along this burden through their contract on net leased property could still be sued and their insurance company involved since the legal burden is on the owner.

"It behooves you to check to make sure your net lessees are complying with their contractual obligations," Rudd added.
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Title Annotation:New York, New York building owners face city regulations on snow removal and interruption of garbage collection service during winter storms
Author:Weiss, Lois
Publication:Real Estate Weekly
Date:Mar 24, 1993
Previous Article:Should city beef-up building codes?
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