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Sunday, January 21, 2018

A Viewer Writes: Sidewalk snow - and the "new" twist on the story from the Mayor

This is NOT what he said in those videos and on the news. We all heard it.  This is on the "nextdoor" platform.

Sidewalk Snow Removal

I was told by someone that all city of Salisbury residents must have sidewalks shoveled by 3pm today or risk being fined. Is this accurate?
New5 Jan · 20 neighborhoods in General
 Thank

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28 Replies

Jake Day
Jake Day·5 JanNew
Hi Jessica no, that’s what it would have been by City law if there had not been a Civil Emergency today, but because of that and the conditions, the next time any code enforcement officers will even be out is Monday and worst case they will let you know if your sidewalks need to be cleared. My understanding of that very old law is that it is designed to protect you, the property owner, in case anyone hurts themselves on your sidewalk. That being said, when things are safe for you to do so, worry about it then, in the meantime stay warm and don’t worry about anyone complaining about snow-covered sidewalks for the next 3 days.

Thomas Worden
Thomas Worden·5 JanNew
I wouldn't worry about it, especially when they themselves don't clear the roads for over a week after the snow storm. Trust me, I've had to WALK to work for a week straight before they clear the roads, because it depends on where you live.

Jake Day
Jake Day·5 JanNew
Thomas Worden is right about the past. As a lifelong resident I've seen the same. That said, all City streets were plowed by 7 pm today once - though many are only one lane wide. The crews were up all through the storm, including before snow fell on Wednesday to lay down salt (which was ineffective due to the cold) and they are finally getting some rest. The January 2017 storm was the first where we could GPS track and confirm every street was plowed and we will be able to finish the same with this storm - understandably it may take a few passes to get everything and stranded/stalled/street-parked cars have made some streets very difficult to plow at the width we might want. We will be back out tomorrow morning around 0500. Any additional plowing requests can be posted here or on our Facebook page or through the Citizen Services request on the web site (www.salisbury.md). We will be putting down more salt solution tomorrow - one final layer to help the melting process on Sunday. Because of the temperatures you won't see any melting tomorrow.

Jessica Beauchamp
Jessica Beauchamp·5 JanNew
Thank you!

Robert Culver
Robert Culver·5 JanNew
I moved here from NH, and I saw the guy plow our street today -  You really can't do it at 30 miles an hours.   The street is no more passable than before the plow flashed by.

Thomas Worden
Thomas Worden·5 JanNew
You would think, by now in 2018 you wouldn't use the same excuse that it's "the south and we're not used to this", I'm not being sour but I've seen a lot of favoritism around here and certain people or areas are cared for differently. I know this first hand experience.

Jessica Beauchamp
Jessica Beauchamp·5 JanNew
I moved here in 1989. I'm from PA originally. At first, we barely got any snow. And 2 inches would shut down the city completely. Almost 30 years later and we've progressively had more and more snow over the years. It would seem rational to assume we could plan a tad bit better considering the trend.

Jake Day
Jake Day·5 JanNew
That's definitely no excuse.  The only difference between here and, say, Minnesota, is that there is a financial decision to make about how many plows and how much salt a place invests in year to year and how much ends up being wasted annually - but that has no bearing on this event since (and I can't speak for any other jurisdiction) the City was never held up by a shortage of anything. Our only challenge was progress being held up by the relentless snow until 1600 Thursday and then the snow drifting back over plowed roads.


And no favoritism here. That's one of the reasons we shifted to the GPS-tracked vehicles for plowing so that we could confirm every street was plowed. We still have to continue to train drivers on how to best plow the widest possible dimensions, and we will certainly have to be back out there early tomorrow morning because of the - in some cases - limited paths. But bottom line - the equalizer of GPS tracking helps to address that notion of certain areas getting special attention and other areas getting ignored.

Michael Harvey
Michael Harvey·5 JanNew
Thank you jake for the info makes a difference

Michael Harvey
Michael Harvey·5 JanNew
This is an unusual winter,have been here 22 yrs things are different. Not as much equipment working. Be kind help your neighbors and don’t panic. At least most areas are flat. Thanks to all the people working hard in the cold and wind! Appreciate what they do!!!thank you Jake Day for the sidewalk info had no idea about the regulations!!!! Be safe all!!!!

Chris Briand
Chris Briand·Edited 5 JanNew
It would be nice if businesses that shoveled, cleared the curb cuts for pedestrians - I had to walk on the street at the corner of South & 13 as the snow banks were too high to climb over.  Salisbury is still very pedestrian unfriendly...

Jessica Beauchamp
Jessica Beauchamp·5 JanNew
I certainly understand this storm. This was a bad situation. Just speaking in general.

Melanie Hudson
Melanie Hudson·6 JanNew
I had to work yesterday downtown and although my street park heights Ave was plowed once I still couldn’t get my truck out because the snow was so high.. my husband Brandon tried to get me out but once he did he said he got stuck on Buena Vista and the park and zoo were really bad...I wish there was a way for the residents to know when they were coming back through to plow.. I know for me since we park on the street because of the limbs breaking from the trees (we’ve had 3 big pieces of tree limbs fall on all 3 of our cars since summer time) if I knew when they were coming through I’d help out by moving my car ...as a homeowner I’m willing to help the city guys working out in this mess anyway I can

Leslie Immell
Leslie Immell·6 JanNew
Are landlords responsible for side walk clearing or are tenants?? We have a drift on the sidewalk, that's almost to my head, and the drive that connects Camden Ave to Riverside hasn't been touched.... I'm nursing some broken ribs so I'm out haha but don't want to "harass" my landlord if ultimately it's MY responsibility ;)

Robert Culver
Robert Culver·6 JanNew
Jake,    I definitely appreciate that you and our Chief of Police both are willing to venture out onto social media such as this venue.  Social Media does not always bring out the best communication skills and it is far easier to criticize than  it is to execute.   I appreciate your and your staffs efforts.  It's great that as a leader that you are willing to be out here and hear the digital voice of your constituents.    RC

Jake Day
Jake Day·6 JanNew
Hi Leslie - yes they are under law, however, check your lease as the lease may pass that responsibility on to the tenant.

Jake Day
Jake Day·6 JanNew
Robert - it's my pleasure. I get that there are tons of different places where people are present and looking for information - sometimes in person, some in social media, some elsewhere. I think it's our jobs to be as present as possible everywhere possible. It's impossible to be everywhere, but it's important to try. Thanks again, sir!

Mary Mannel
Mary Mannel·7 JanNew
I live on Texas Ave. between Pennsylvania and Virginia Ave. and our street has never been plowed. They plowed Pennsylvania and Virginia but did not come down our street.

Jake Day
Jake Day·7 JanNew
Hi Mary - looking at the picture of Texas it looks rough, but that is because only the 1-ton pickup with a plow came down Texas. They are tracking coming back out to Texas tonight/early tomorrow morning. Let me know if it isn't done to your satisfaction tomorrow morning. My cell # is 443-235-6233.

Tracey Townsend
Tracey Townsend·7 JanNew
What’s the number to call for help the elderly or disabled to get their sidewalks cleared?

Tracey Townsend
Tracey Townsend·7 JanNew
And if your near by hydrant is covered, please dig it out.

Jake Day
Jake Day·7 JanNew
That would be a private activity. City assets can't be used to clear private sidewalks. I've seen at least one post on here and several on Facebook of people offering shoveling services.

However, the number in the post above (443-235-6233) is one you can use to get sidewalks cleared... until I run out of steam ;-)

Carolyn Molenda
Carolyn Molenda·7 JanNew
My street hasn’t seen a plow in over 45 years - still waiting

Tracey Townsend
Tracey Townsend·7 JanNew
What street is that?

Justiniano Leon
Justiniano Leon·8 JanNew
Interesting because I usually clean half of the street myself except this year; I’m beginning to feel my age. This storm was more than I could handle because of the temperature. It… See more

Jake Day
Jake Day·8 JanNew
Carolyn Molenda - if you're still on North, I drove it yesterday and again today. It was clearly plowed either Friday or Saturday and they came back again today. It's still very icy, but it's been plowed several times.

Carolyn Molenda
Carolyn Molenda·10 JanNew
Thank you. Some neighbors have not seen a plow, another saw a plow twice but didn’t think they did anything

Jake Day
Jake Day·10 JanNew
No problem Carolyn. It would be a very different scene if it had never been plowed. But let me know if it looks like it’s starting to break up and we can send another plow.

22 comments:

Anonymous said...

Lyin' Jake Day! Jake the Snake! Jake the Fake!

Anonymous said...

I see there were some pro Jake plants in that conversation

Anonymous said...

Again he's a freaking but job!! He contradicts himself from one statement to the next. He has no character or integrity just a flat out liar

Anonymous said...

The lady asks if it's the responsibility of the landlord or tenant to remove the snow. Day answers "however, check your lease as the lease may pass that responsibility on to the tenant."
This is incorrect information. This is not a "responsibility." It is a law. A landlord can not change what is in the city code in a lease.

Anonymous said...

11:40 A lease can make it the tenant's responsibility to clear the snow just as it can require them to cut the grass. The City may to cite the owner if it is not done. The lease may also make the tenant responsible for the fine if it is the tenant's responsibly and the tenant fails to do so. Please stop trying to be Perry Mason.

Anonymous said...

1140-Are you doubting Jake's law degree? This guy went to U of MD, Carnegie Mellon, Oxford, and ended up getting a job from his Daddy at Perdue. LOL

Anonymous said...


https://www.pscp.tv/SalisburyPD/1RDGlnQwLyOxL

At 54 seconds he had already claimed a civil emergency -

At 5 minutes and 40 seconds he states:
"while the city code requires that you shovel your sidewalk - clear 4' - and technically that would have to happen today, we're not going to be enforcing that - but remember that by tomorrow afternoon as things clear up you're going to need to shovel that sidewalk, or have someone shovel your sidewalk .........

Go to 6 minutes and 54 seconds
"By tomorrow afternoon - 3 o'clock according to city code, we would have to enforce fines.

But now he acts like it as never said?

He wouldn't look so bad if he would just admit he made a mistake.

Anonymous said...

"Anonymous said...

11:40 A lease can make it the tenant's responsibility to clear the snow just as it can require them to cut the grass. The City may to cite the owner if it is not done. The lease may also make the tenant responsible for the fine if it is the tenant's responsibly and the tenant fails to do so. Please stop trying to be Perry Mason.

January 19, 2018 at 12:34 PM"


Not true. We are talking about the public sidewalks and not private property. The Sby law states an owner of a property is responsible for the sidewalks. Landlords can not change what is the law in a lease. Just like they can't override an eviction law with one that they prefer.

Anonymous said...

12.10.010 - Removal of snow and ice from sidewalks.

A.

All owners of any land or premises situated on any street within the city where sidewalks are laid shall remove the snow and ice therefrom for the entire length thereof for a width of at least four feet or, at a minimum, the entire width of the sidewalk if less than four feet and may deposit the same along the remaining portion of such sidewalks which is farthest from the street within twenty-four (24) hours after the snow or ice has stopped falling.

Anonymous said...

12:40 Where did you go? Somerset county public schools?

Anonymous said...

12:34 Here's the relevant part: "All owners of any land or premises situated on any street within the city where sidewalks are laid shall remove the snow and ice"

The City Code states owners. A landlord cannot replace, to their liking or benefit in a lease, what is a statue or a law. You are comparing the sidewalk to privately owned property. Day is wrong. It is a landlord's responsibility regardless of what a lease may say.

Anonymous said...

Right it's the owner's responsibility. If a landlord doesn't like a law they can't just change it in a lease. Doesn't work that way. It would be like state law requires a landlord to provide working smoke detectors in a unit. A landlord can't rewrite a lease passing that responsibility off on a tenant. The law comes first in a lease. Same with home owner docs, condo by laws. You have to make sure everything contained in them is in accordance with fed, state and local laws otherwise it is not enforceable.

Anonymous said...

Salisbury law also says the grass must be cut and not allowed to grow over X inches or the property owner gets cited. Ultimately, the property owner is responsible for the fine. If someone rents a house, the lease typically says the tenant is responsible for the property (grass cutting, snow removal, trash removal). If it is an apt. rental, the landlord usually takes responsibility. Ever heard of a triple net lease? You sound like a bunch of lazy renters.

3:06 Do you really think that the land owners (80% of properties) are out there removing the snow for each property they own? If you are going to take a literal approach to the law as written, it would mean that the property owner is barred from hiring someone to remove the snow as well.

Anonymous said...

The way the law is written in Sby's City Code it is the owner's responsibility. This is why most other areas use the wording- owners, residents or business owners.

Anonymous said...

This is exactly why we won't move our business to this area. We live here but have our company on the other side of the bay. Locals here think they are smarter than everyone else including the people they work for and rent their home from. SMH!

Anonymous said...

ok we don't care whom's responsibility moving the snow or grass is. Your'e losing hindsight of what the conversation is about. Get back to FAKE JAKE.

Anonymous said...

I love reading all this nonsense. It doesn't snow where I am in the winter.

Anonymous said...

Maryland Association Of Realtors Lease form. Used by most everyone in MD.
Additionally, the Tenant shall be responsible for:
1. Maintaining the Premises in a clean, orderly and sanitary condition and complying with all applicable federal, state and local laws, ordinances and regulations with respect to occupancy of the Premises;
2. Disposing of all trash, garbage, and waste in suitable covered containers or appropriate or required receptacles;
3. Using and operating all appliances, equipment and systems in a safe and reasonable manner so as not to overload them;
4. Maintaining, turning off and properly draining water pipes in cold weather. In the event that the plumbing at the Premises is frozen or obstructed due to
negligence of Tenant, Tenant’s family, guests or others, Tenant shall immediately pay the cost of repairing the frozen pipes or clearing the obstruction
and any additional costs associated with the repair (including, but not limited to, drywall, carpet and repainting);
5. Changing of furnace, heat pump and air conditioner filters at Tenant’s expense at least once every two (2) months;
6. Clearing plumbing stoppages of all toilets and drains including garbage disposals; In the event that plumbing of premises is obstructed due to the negli-
gence of the Tenant, Tenant’s family, employees, or guests, the cost for clearing such obstructions shall be paid by the Tenant;
7. Replacing and fixing any glass or screen breakage; Furnishing and replacing light bulbs, fuses and faucet washers as needed;
8. Maintaining all flooring and carpeting in a clean and good condition;
9. Cutting and maintaining the lawn, keeping hedges trimmed, flower beds and shrubbery in good order and properly pruned;
10. Maintaining exterior gutters, drains and grounds free of leaves and other debris;
4
This Page Included. Please Initial: Tenant___________ / ____________ Landlord_________ / ____________

11. Storing firewood and other sources of termites at least twenty (20) feet from dwelling;
12. Keeping the streets and areas adjacent to the Premises clear of filth, refuse and obstructions;
13. Promptly removing ice and snow from all walks, steps, and drives including public sidewalks and steps, and maintaining a clear condition;
14. Controlling and eliminating pests in or emanating from the Premises including but not limited to ants, roaches, fleas, ticks and rodents during occupancy and upon vacat-
ing;
15. Making any repairs, alterations, or additions required by any governmental authority, condominium or homeowners association, or the managing agent due to the Ten-
ant’s use;
16. Promptly reporting to the Landlord any defect, damage, or breakage. Failure to report shall make Tenant liable for the repair of any resulting damage. This does not obli-
gate the Landlord to repair or correct such defects, breakage, malfunction or damage.

See #13.

Anonymous said...

Well that there shut them armchair legal scholars up. LMAOF

Anonymous said...

11:50 That ain't no legal document unless my sister's cousin's brother done looked it up in Britannica encyclopedia books we still got sittin over the TV just like Perry Mason.

Anonymous said...

Only people like Salisbury's Jake day and wicomico counties mike Dunn could make an issue and dramatize something so stupid as who should and how quickly a sidewalk should be shoveled after snow. First of all the so called leaders should do so by example. Both of these clowns are known to be wimpyvass alcoholics around town. Jake day is a self indulged liar. Dunn is just a weird dude. The stories of his sexual prowess and acts he and his wife indulged in are pretty disgusting.

Anonymous said...

I'm actually stunned at the illiteracy of the mayor you guys voted for. Did you all know he was this bad or is it a shock to you, too?