In accordance with the provisions of the Law on Purity and Order in municipalities, local governments are required to keep cleanliness and order in their area. Nevertheless, not only the municipalities are liable for removing snow and mud. Who, then, is liable for these actions, and what consequences do they have for neglecting their duties?
The municipalities are obliged to keep cleanliness and order in their area and to make the conditions essential to keep these standards. They do this by preventing contamination of streets, squares and open areas, including snow removal and removal of mud, snow, ice and another pollutants left by property owners on pavements. The municipalities besides adopt regulations on maintaining cleanliness and order in their area so that these rules are clear to the residents.
However, there are exceptions to these rules. The owners of the property are required to keep cleanliness on pedestrian pavements, removing mud, snow, ice and another pollutants from part of the public road, which is located along their property and acts as a pavement. This means that each property owner is liable for maintaining this area in good condition, including snow removal and mud removal, with a view to ensuring the safety of passing persons. However, there is no work to de-snow the pavement, which does not adhere straight to the property boundary, or if the municipality charges parking fees in a place intended for ft traffic.
In addition, property owners do not gotta de-snow the traffic stops or the curbs of track tracks, as this work rests on entrepreneurs utilizing public transport areas.
Despite the liability guidelines, the rules do not specify how frequently snow removal should be carried out. The ultimate Court stated in its 2017 judgement that the property owner should keep due diligence, although the frequency of these activities is not clearly defined.
Negligence of obligations related to keeping clean on pavements may consequence in fines of up to PLN 1500. However, it is besides crucial that the ultimate Court's ruling indicates that the municipality is liable for damages resulting from negligence in the maintenance of pavements if it does not exercise appropriate supervision over the performance of the duties of the property owners.
It is worth remembering that although property owners are the first level of work for snow removal, the municipality plays a key function in monitoring the implementation of these obligations. Negligence from the municipality may exempt property owners from the legal consequences of negligence on pavements.
Dear reader, we remind you that all legal matters in this substance we compose about can be complicated and frequently require the aid of a lawyer. It's worth discussing it with a lawyer before taking legal action.
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Who is liable for clearing the pavement and removing mud?:
