By Bill Forry
Managing Editor

It's likely to be white Christmas this year, but those who fail to clear a path through the snow and ice along their sidewalks could well get a big lump of coal from Mayor Menino's elves. After back-to-back storms dumped well over a foot of snow locally, city inspectors hit business districts and residential roads with a tough-love message for those with rusty shovels and empty sanders: it pays to be a good neighbor.

Last October, the council and mayor approved significant hikes in fines for those who fail to clear sidewalks of the white stuff. Residential fines jumped from $15 a ticket to $50, while commercial properties went from $100 to $150. Some who ignore initial warnings could see their penalties rise even higher if code enforcement officers get aggressive and issue repeat tickets. They can write up new ones every four hours.

On Tuesday, some 48 hours after the last flakes fell on the region, the Reporter rode along with Captain Michael Mackan, a code enforcement supervisor who drove the length of Dorchester on the lookout for problem properties. That morning, a sweep of Dorchester Avenue by code officers resulted in 24 violations, most of them issued to businesses who were apparently content to let pedestrians take their chances on the icy walkways or share the road with vehicles.

"Our goal here is to have these folks change their behavior," Mackan explained. "With many of these businesses, their attitude needs to be adjusted. They get the plows out there to clear their parking lots the minute it starts snowing, but the shoveling is always an after-thought."

"I think these increased fines may give a bit more incentive. I have noticed an improvement in some parts of the city," Mackan said.

Riding through Adams Corner, Mackan's assessment holds true, with well shoveled and heavily salted pavements the norm. The exception is along Minot Street, where the sidewalk along a parking lot owned by the Rite-Aid drug store has iced over. It's clear that the walkway has been worked over by the boots of sure-footed pedestrians, but no one with a shovel in hand.

Mackan whips out his notebook and writes them up.

"A lot of times we have these chain stores that keep changing management. This was an Osco's, then a Brooks, now it's Rite-Aid. Sometimes they need an education on what's expected here in the city."

Inside the store, Mackan seeks out and finds the store's manager, a sleep-deprived fellow who is stocking shelves. He has only recently taken charge at the store.

"You've got to keep that sidewalk clear," Mackan warns him, as he hands him the ticket. "If I come back here tomorrow, am I going to see it cleared?"

The manager assures him it will be done and acknowledges that a couple of customers have complained about the problem.

Rite-AID is hardly alone.

From Codman Square comes this complaint from Richard Heath, an organizer with the Codman Square Neighborhood Development Corporation:

"The bustling Walgreens (here) sold a lot of snow shovels this past week, but did not use one to clear their own sidewalks," Heath said. "Customers were forced to scale corner drumlins and skate down Southern Avenue while the managers rang up sales."

Heath says that the store's managers were warned by a beat cop to clear the walks, but was told that since the pharmacy leased the property, it was not their problem.  

Tone-deaf businesses are not the only villains.

On a brief driving tour, the Reporter spotted a number of municipal and state properties that were also in violation of the city ordinance to clear a 42" wide path, enough to allow passage for a wheelchair. The Morrissey Boulevard sidewalk along the MBTA-owned JFK-UMass station grounds was still a frozen tundra on Tuesday, with high school students and other pedestrians seen taking their chances on the busy roadway. Mackan placed a stern call to an MBTA representative with a warning that a ticket would be forthcoming if the transit agency didn't fix the problem. In Fields Corner, where residents have complained of poor shoveling at the T station in years past, the sidewalks were clear. Mackan wanted to know if the T somehow misplaced their shovels at JFK-UMass.

The city of Boston had its share of fall-downs too. Mackan called the city's Parks Department, which is responsible for clearing walks along their land. At three places on Tuesday - Dorchester Park, Peabody Square, and Ryan Playground, it was clear that had not been done.

Mackan and other veteran inspectors often use their own discretion as they circle the city and spot violations, but when called to a property by a phoned-in complaint where a violation exists, they are likely to write it up.

As he wheeled through the tight side-streets off of Mattapan's Morton Street, Mackan pointed out several homes with pristine snow drifts along their perimeters. On his two-way radio, Mackan called in instructions to have other inspectors visit the area later that day.

Those who do get ticketed have 21 days to appeal the citation and, sometimes Mackan says, homeowners may have a good reason for their failure. The elderly, in particular, can expect to get a fair hearing.

"If they call and explain that they are elderly, the city's Elderly Commission will verify that," said Mackan. "Mayor Menino doesn't want them stressing out over a ticket."

Out of town on a vacation? That might get you a reprieve too, if you have a good record, Mackan says.

While it is not heavily enforced, Mackan says that he and other officers have -in years past - ticketed shovelers who toss snow back onto city streets.

"On a street that's already been plowed, that's like re-creating the storm," Mackan says.

If you are a property owner and have additional questions regarding shoveling your sidewalk please call 617-635-4896 7a.m. - 3 p.m. or after hours call 635-4500.