Obligation to clean and scatter grit on sidewalks

  • Erstellt am 2021-01-14 09:57:23

haydee

2021-01-14 09:57:23
  • #1
Somehow there is no suitable subforum.

Before I write a lot, I tried to sketch the whole thing.

1. Is the neighbor allowed to store his snow on the sidewalk in front of my property? Nicely to the side. It doesn't bother until it thaws. Then it is slippery for days. Not good for the wall either, I would say.

2. If I understand the municipality's regulations correctly, I have to clear the entire width up to 2.5 m. Is that really so? I had heard something about only as wide as needed for 2 strollers to pass each other, about 1.2 m.

3. my actual problem. I clear and spread grit. At 7 o'clock everything is clean and safe to walk on. But the parking ban is ignored. Dozens of cars drive through the piled snow, spreading it on the sidewalk. In doing so, it gets compacted and freezes to ice. I can no longer get rid of the mess.
At the moment, there is only a narrow path free of snow and ice. If a car parks there, pedestrians have to dodge. Who is liable if someone slips while dodging or on the compacted snow, slush?
 

Tolentino

2021-01-14 10:36:21
  • #2
So, I’m not a legal expert, but as far as I know, the person who has to clear is always liable, and it’s not enough to clear just once in the morning; if someone falls in the evening, you’re still responsible. Ideas for measures:
First, do you know the illegal parkers? So, are they neighbors?
If yes, two options:
1. Talk to them nicely, explain the issue – they should have the same challenges and risks.
2. Report them to the public order office.
If no, report them to the public order office right away.
That way it’s also officially documented that you tried to address the problem.

Regarding the snow pile. I don’t know if he’s allowed to do that. Again, the options:
1. Talk to him
2. If in doubt, also store a snow pile in front of his property? Quid pro quo!
Optionally ask the municipality first, depending on their response either report right away, talk to him first, or go with option 2.

Clearing width
If the statute says 2.5m, that’s probably correct, but you haven’t posted that yet. If the wording is unclear, ask the municipality.

I just had another idea. Can’t you build a wall with the snow that prevents cars from parking there? That would solve several problems at once.
 

haydee

2021-01-14 10:53:36
  • #3
I had the wall too. It didn’t even last a day. It got driven over before it could freeze solid.

Where parking is not allowed, the sidewalk is clear. In the no-parking zone, anyone and everyone parks.

I also think the property owner is responsible, but even if I clear it hourly, the stuff is so compacted it requires force. You only end up moving it around to later chip away with a spade what was originally cleared. And actually, I only need to clear when something new comes in.
I spread sand and gravel. If needed, salt. That always lasts until the evening. Except for the tire tracks. Especially since I’d have to hit the gaps when no car is parked there. They drive over it while I’m clearing or in summer while sweeping.

But talk to the municipality.
The neighbor assigns the winter service. Maybe I’ll see if I can catch the worker tomorrow morning. Usually comes around 5:30.
 

Tolentino

2021-01-14 10:57:39
  • #4
If Hinz and Kunz park there, I would report them all to the OA. In Berlin, you can even do that via web app.
 

pagoni2020

2021-01-14 11:04:57
  • #5
This is actually a difficult topic and always offers plenty of potential for lasting neighborhood disputes, which is why I would be rather cautious. Often the municipalities do have guidelines, but they cannot always be implemented 1:1 because the circumstances prevent this. I also wouldn't be keen on keeping this clear or maintaining it for visitors, but if the neighbor has even contracted the winter service, then I find that in principle absolutely proper on his part. Ultimately, not everything can actually be implemented; we had such endless discussions in the apartment building. One person goes to work at 6 am and clears the sidewalk, again the next morning, but it only snows at 8 am when he has long been gone, and his path is snow-covered during the day. For the next person it's the reverse, the grandmother lives in the next apartment, another has no car, etc., there are thousands of differences that can make it difficult because the snow comes and stays as it wants. Maybe you can announce what the municipality says... I fear you won't really be any wiser afterwards, but maybe I'm wrong.
 

haydee

2021-01-14 11:23:45
  • #6
There is no potential for neighbor disputes. They don’t park there, only their walk-in customers, ride service, door-to-door salespeople.

I’ll clarify the service like this. I have to catch him. It doesn’t have to go through the client. A direct request is usually more helpful.

I’ll try to catch the CEO tomorrow. He normally walks by just before 8.
I have a proposed solution. Two flower boxes like the ones opposite. The municipality provides them, we take care of them. Peace and quiet. Sidewalk clear and looks nice.
 

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