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HomeMy WebLinkAboutChapter 687 - Snow and Ice - Removal from Roofs and Sidewalks PROPERTY MAINTENANCE WHEREAS section 2 of the Municipal Act, 2001givesthe municipalitypowers and duties for the purpose of providing good government with respect to those matters; AND WHEREAS section 8(2) of the Municipal Act, 2001provides that in the event of ambiguity in whether or not a municipality has the authority under the Municipal Act, 2001or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the municipality had on the day before the Municipal Act, 2001came into force; AND WHEREAS section 11(2) of the Municipal Act, 2001authorizes the municipalityto pass by-laws respecting public assets of the municipality acquired for the purpose of exercising its authority under the Municipal Act, 2001, or any other Act; AND WHEREAS section 11(2) of the Municipal Act, 2001authorizes the municipalityto pass by-laws respecting economic, social and environmental well-being of the municipality; AND WHEREAS section 11(2) of the Municipal Act, 2001authorizes the municipalityto pass by-laws respecting the health, safety, and well-being of persons; AND WHEREAS section 11(2) of the Municipal Act, 2001authorizes the municipalityto pass by-laws respecting protection of persons and property; AND WHEREAS section 11(3) of the MunicipalAct, 2001authorizesthe municipalityto pass by-laws respecting City roads; AND WHEREAS section 44(1) of the Municipal Act, 2001,requires the municipalityto maintain roads under its jurisdiction in a state of repair that is reasonable in the circumstances; AND WHEREAS section 122 of the Municipal Act, 2001 authorizesthe municipalityto require owners and occupants of buildings to remove snow and ice from building roofs; AND WHEREAS section 446 of the Municipal Act, 2001provides that where a person is required to do something and defaults,the municipality can do the thing at their expense and recover costs from the person by action or by adding them to the tax roll and collecting them in the same manner as property taxes; AND WHEREAS subsections210 (60),(61), (62), and (63) of the Municipal ActR.S.O. 1990, c. M.45 previously granted the municipality certain powers and authorities exercised within this by- law;687 NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: KITCHENER 687.2DECEMBER 2019 PROPERTY MAINTENANCE Article 1 INTERPRETATION 687.1.1“boulevard” means the portion of a road on either side of a roadway. 687.1.2“City” means The Corporation of the City of Kitchener. 687.1.3“Director” means the City’s Director of Enforcementandtheirdesignate. 687.1.4“Municipal Act, 2001” shall mean the Municipal Act, 2001, S.O. 2001, c. 25. 687.1.5“Officer” means a by-law enforcement officer or a municipal law enforcement officer appointed by the City, or a member of the Waterloo Regional Police Services. 687.1.6“person” includes an individual, sole proprietorship,partnership, association or corporation. 687.1.7“property” shall mean any property within the City of Kitchener and shall, without limitation, include vacant land and unoccupied property. 687.1.8“road” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between thelateral property lines thereof. 687.1.9“roadway” means that part of a road that is improved, designed or ordinarily used for vehicular traffic including lanes, shoulders, and curb and gutter. 687.1.10“sidewalk” means that part of a road with a surface improved with asphalt, concrete or gravel for the use of pedestriansand shall include openings leading onto roadways but shall not include any part of the roadway, any driveway apron, orany multi-use trail. 687.1.11“sidewalk abutting their property” means the portion of a sidewalk on any boulevard that abuts or is contiguous to an owner or occupant’s property. KITCHENER 687.3DECEMBER 2019 PROPERTY MAINTENANCE 687.1.12“Significant Weather Event” shall mean a significant weather event as defined by the Minimum Maintenance Standards for Municipal Highways Ontario Regulation 239/02 under the Municipal Act, 2001. Article 2 APPLICATION 687.2.1This by-law shall apply to all property and roadsthroughout the City of Kitchener unless otherwise specifiedherein. Article 3 SNOW 687.3.1Every owner and occupant of property adjoining a road shall, on the sidewalk abutting their property: a)ensure that snow is cleared away and removed within twenty-four hours after the cessation of a snowfall; and b)maintainsuch sidewalks so they are free and clear of snow on an ongoing basis. Article 4 ICE 687.4.1Every owner and occupant of property adjoining a road shall, on the sidewalk abutting their property: a)ensure that ice is cleared away and removed within twenty-four hours after the cessation of a snowfall or freezing rain; and b)maintain such sidewalks so they are free and clear of ice on an ongoing basis. KITCHENER 687.4DECEMBER 2019 PROPERTY MAINTENANCE Article 5 ROOFTOPS 687.5.1Every owner and occupant ofproperty adjoining a road, if the roof of any building on the property slopes towards the road so that snow or icemay fall from such roof onto the road, shall: a)ensure that snow and ice is cleared away and removed from the roof within twenty-four hours after the cessation of snowfall or freezing rain; b)maintain such roof so it isfree and clear from ice on an ongoing basis; and c)take reasonable care to keep passersby and any other affected personsafe while performing snow or ice removalfrom the roof. Article 6 PLACING SNOW OR ICE ON SIDEWALKS 687.6.1No person shall place any snow or ice onany sidewalk. Article 7 REMOVAL OF SNOW AND ICE BY THE CITY 687.7.1Upon a person’s failure to remove snow or ice as required by Article 3, 4, or 5, the Directoris authorized to procure the clearing and removal of same at the expense of the person required to do such work. The cost of the work shall be recovered from the person required to do the work by adding the costs to the tax roll and collecting them inthe same manner as property taxes pursuant to the provisions of the Municipal Act, 2001. Article 8 EXEMPTIONS 687.8.1This by-law shall not apply to the City or to anymaintenance work performed by the City. 687.8.2Articles 2 and 3 of this by-law shall not apply to any area identified by the City’s Director of Operations as an area in which the City maintains sidewalks at the relevant time. KITCHENER 687.5DECEMBER 2019 PROPERTY MAINTENANCE Article 9 INSPECTION POWERS 687.9.1For the purposes of an inspection pursuant to this by-law, the Director, an Officer, or any agent or representative of the City may: a) enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not this by-law is being complied with; b)require the production for inspection of documents or things relevant to the inspection; c)inspect documents or things relevant to the inspection; d)require information from any person concerning a matter related to the inspection; and e)alone or in conjunction with a person possessing special or expert knowledge, make examination or take tests, samples, or photographs necessary for the purposes of the inspection. Article 10 SIGNIFICANT WEATHER EVENT 687.10.1Where the City declares a Significant Weather Event, the Directormay, in their sole discretion, for a period not to extend beyond the time the Significant Weather Event ends: a)suspend enforcement of this by-law or any portion of this by-law; b)cease the performance of inspections under this by-law; and c)decline investigation of complaints made by members of the public or any person under this by-law. Article 11 WINTER MAINTENANCE BY-LAW SUSPENSION EVENT 687.11.1Where the Director, in their sole discretion determines that any weather related or unusual circumstance makes it unreasonable to enforce this by-law or a portion of this by-law, the Director may, in their sole discretion for such period of time as the Director determines to be reasonable in the circumstances: a)suspend enforcement of this by-law or any portion of this by-law; b)cease the performance of inspections under this by-law; and c)decline investigation of complaints made by members of the public or any person under this by-law. KITCHENER 687.6DECEMBER 2019 PROPERTY MAINTENANCE Article 12 PENALTY AND ENFORCEMENT 687.12.1Every person who contravenes a provision of this by-law is guilty of anoffence and upon conviction is liable to a fine not exceeding five thousand dollars ($5,000), exclusive of costs, pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33. 687.12.2This by-law may be enforced by the Director, an Officer, or by any other individual duly appointed for the purpose of enforcing this by-law. Article13 REPEAL AND TRANSITIONAL PROVISIONS 687.13.1By-law 87-171, sections 14, 15, 16, and 17 of By-law 97-140, section 28 of By- law 2001-224, sections 28, 29, 30, and 31 of By-law 2001-233, section 4 of By- law 2007-166, and section 27 of by-law 2011-047and the contents of Chapter 687 of The City of Kitchener Municipal Code (the “Repealed By-laws”) are hereby repealed. 687.13.2Notwithstanding any other provisions of this By-law, the repeal contained in section 13.1 of this by-law shall not: a)affect the previous operation of the Repealed By-laws; b)affect any right, privilege, obligation, or liability including any licence that came into existence under the Repealed By-laws; c)affect an offence committed against the Repealed By-laws, or any penalty, forfeiture, or punishment incurred in connection with the offence; or d)affect an investigation, proceeding, or remedy in respect of a right, privilege, obligation, or liability described in section 13.2(b), or a penalty, forfeiture, or punishment described in section 13.2(c). 687.13.3An investigation, proceeding, or remedy described in section 13.2(d) may be commenced, continued, or enforced as if the Repealed By-lawshad not been repealed or revoked. 687.13.4A penalty, forfeiture, or punishment described in section 13.2(c) may be imposed as if the Repealed By-lawshad not been repealed or revoked. 687.13.5Any costs for work performed by the City under the Repealed By-laws shall remain recoverable as specified in the Repealed By-laws. KITCHENER 687.7DECEMBER 2019 PROPERTY MAINTENANCE Article 14 ADMINISTRATIVE 687.14.1This by-law shall be known as the “Winter MaintenanceBy-law”. 687.14.2It is hereby declared that each and every of the foregoing sections of this by-law is severable and that, if any provisions of this by-law should for any reason be declared invalid by any Court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. 687.14.3The Clerk of the City is hereby directed to make this by-law a part of The City of Kitchener Municipal Code by adding it to the Concordance and arranging and numbering it so as to fit within the scheme of the Code. KITCHENER 687.8DECEMBER 2019